Pensions Act (Northern Ireland) 2015

Valid from 16/07/2015

Valid from 14/09/2015

PART 1 N.I. AMENDMENTS TO DO WITH NEW STATE PENSION SYSTEM

Valid from 06/04/2016

The Forfeiture (Northern Ireland) Order 1982 (NI 14) N.I.

1  In Article 6 of the Forfeiture (Northern Ireland) Order 1982 (Commissioner to decide whether forfeiture rule applies to social security benefits), in the definition of “relevant enactment” in paragraph (5), after the entry relating to the Pension Schemes (Northern Ireland) Act 1993 insert— “ Part 1 of the Pensions Act (Northern Ireland) 2015, ”. N.I.

Commencement Information

I1 Sch. 12 para. 1 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 25/02/2016

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) N.I.

2  The Contributions and Benefits Act is amended as follows.

Commencement Information

I2 Sch. 12 para. 2 in operation at 25.2.2016 for specified purposes by S.R. 2016/68, art. 2(e)

Valid from 06/04/2016

3  In section 1 (outline of contributory system), in subsection (1)(a), after “this Act” insert “ or any other Act or Northern Ireland legislation ”. N.I.

Commencement Information

I3 Sch. 12 para. 3 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

4  In section 13 (Class 3 contributions), in subsection (2), omit “contribution”. N.I.

Commencement Information

I4 Sch. 12 para. 4 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

5  After section 19A insert— N.I.

“19B    Extended meaning of benefit” etc. in Part 1

In this Part references to “benefit” or “contributory benefit” include benefit under Part 1 of the Pensions Act (Northern Ireland) 2015.”.

Commencement Information

I5 Sch. 12 para. 5 in operation at 6.4.2016, see s. 53(1)(3)

6—(1) Section 22 (earnings factors) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a), omit the final “and”;

(b) after paragraph (b) insert

“; and

(c) establishing entitlement to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 and, where relevant, calculating the rate of a state pension under that Part.”.

(3) After subsection (5) insert—

“(5ZA) Regulations may provide for crediting—

(a) for 1987-88 or any subsequent tax year, earnings or Class 2 or Class 3 contributions, or

(b) for any earlier tax year, contributions of any class,

for the purposes of bringing an earnings factor for that tax year to a figure which will make that year a “qualifying year”, “pre-commencement qualifying year” or “post-commencement qualifying year” of a person for the purposes of Part 1 of the Pensions Act (Northern Ireland) 2015 (see sections 2(4) and 4(4) of that Act).

(5ZB) Regulations under subsection (5ZA) must provide for crediting a person with such contributions as may be specified in respect of periods on or after 6 April 1975 during which the person was—

(a) a spouse or civil partner of a member of Her Majesty's forces,

(b) accompanying the member on an assignment outside the United Kingdom, and

(c) not of a description specified in the regulations.”.

Commencement Information

I6 Sch. 12 para. 6(1) in operation at 25.2.2016 for specified purposes by S.R. 2016/68, art. 2(e)

I7 Sch. 12 para. 6(3) in operation at 25.2.2016 for specified purposes by S.R. 2016/68, art. 2(f)

Valid from 06/04/2016

7  In section 121(1) (interpretation), in the definition of “benefit”, after paragraph (c) insert— “ (For the meaning of benefit” in Part 1, see also section 19B). ”. N.I.

Commencement Information

I8 Sch. 12 para. 7 in operation at 6.4.2016, see s. 53(1)(3)

The Social Security Administration (Northern Ireland) Act 1992 (c. 8) N.I.

8  The Administration Act is amended as follows.

Commencement Information

I9 Sch. 12 para. 8 in operation at 14.9.2015 for specified purposes by S.R. 2015/329, art. 2(2)(a)

Valid from 06/04/2016

9  In section 1 (entitlement to benefit dependent on claim), in subsection (4), before paragraph (a) insert— N.I.

“(zb) state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Commencement Information

I10 Sch. 12 para. 9 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

10  In section 5 (regulations about claims for and payments of benefits), in subsection (2), before paragraph (a) insert— N.I.

“(zb) state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Commencement Information

I11 Sch. 12 para. 10 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

11  In section 69 (overpayments - general), in subsection (11), before paragraph (a) insert— N.I.

“(za) state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Commencement Information

I12 Sch. 12 para. 11 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

12  In section 71 (overlapping benefits - general)— N.I.

(a) in subsection (1), after “adjusting” insert “ state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 or ”;

(b) in subsection (4), before paragraph (a) insert—

“(za) state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Commencement Information

I13 Sch. 12 para. 12 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

13  In section 115CA (interpretation of Part 6), in subsection (1), before paragraph (i) insert— N.I.

“(hl) Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Commencement Information

I14 Sch. 12 para. 13 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

14  In section 116B (supply of other government information for fraud prevention and verification), in subsection (3)(b), before “or this Act” insert “ , Part 1 of the Pensions Act (Northern Ireland) 2015 ”. N.I.

Commencement Information

I15 Sch. 12 para. 14 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

15  In section 118 (regulations as to notification of deaths), in subsection (1), before “and this Act” insert “ , Part 1 of the Pensions Act (Northern Ireland) 2015 ”. N.I.

Commencement Information

I16 Sch. 12 para. 15 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

16  After section 130AB insert— N.I.

“130AC    Revaluation for transitional pensions under Pensions Act (Northern Ireland) 2015

(1) Whenever the Secretary of State makes an order under section 148AC of the Great Britain Administration Act (revaluation for transitional pensions under Pensions Act 2014), the Department may make a corresponding order for Northern Ireland.

(2) The percentage specified in an order under subsection (1) is the “revaluing percentage” for the purposes of paragraph 6(5) of Schedule 1 to the Pensions Act (Northern Ireland) 2015.”.

Commencement Information

I17 Sch. 12 para. 16 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

17  After section 132A insert— N.I.

“132B    Up-rating of transitional state pensions under Pensions Act (Northern Ireland) 2015

Whenever the Secretary of State makes an order under section 151A of the Great Britain Administration Act (up-rating of transitional state pensions under Pensions Act 2014), the Department may make a corresponding order for Northern Ireland.”.

Commencement Information

I18 Sch. 12 para. 17 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

18—(1) Section 135A (power to anticipate pensions up-rating order) is amended as follows. N.I.

(2) In subsection (1)(a)—

(a) for “150 or 150A” substitute “ 150, 150A or 151A ”;

(b) in sub-paragraph (i), after “by way of” insert “ state pension under the Pensions Act (Northern Ireland) 2015, ”.

(3) In subsection (2), after “an award is made of” insert “ a state pension, ”.

Commencement Information

I19 Sch. 12 para. 18 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

19—(1) Section 143 (general financial arrangements) is amended as follows. N.I.

(2) In subsection (1), before paragraph (a) insert—

“(za) state pension and lump sums under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

(3) In subsection (2)(a), after “Contributions and Benefits Act” insert “ , Part 1 of the Pensions Act (Northern Ireland) 2015 ”.

(4) In subsection (3)(b), after “that Act” insert “ or Part 1 of the Pensions Act (Northern Ireland) 2015 ”.

Commencement Information

I20 Sch. 12 para. 19 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

20  In section 149 (Social Security Advisory Committee), in subsection (5) in the definition of “the relevant enactments”, before paragraph (b) insert— N.I.

“(am) the provisions of Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Commencement Information

I21 Sch. 12 para. 20 in operation at 6.4.2016, see s. 53(1)(3)

21—(1) Section 155 (reciprocal agreements) is amended as follows. N.I.

(2) In subsection (3)(a), before “and the Contributions and Benefits Act” insert “ , Part 1 of the Pensions Act (Northern Ireland) 2015 ”.

(3) In subsection (4), before paragraph (b) insert—

“(ag) to Part 1 of the Pensions Act (Northern Ireland) 2015;”.

(4) In subsection (5)—

(a) after “Act 2007” insert “ or Part 1 of the Pensions Act (Northern Ireland) 2015 ”;

(b) after paragraph (ac) insert—

“(ad) state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Commencement Information

I22 Sch. 12 para. 21 in operation at 14.9.2015 by S.R. 2015/329, art. 2(2)(c)

Valid from 06/04/2016

22  In section 163 (inalienability), in subsection (1), before paragraph (a) insert— N.I.

“(zb) state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Commencement Information

I23 Sch. 12 para. 22 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

23  In section 166 (Assembly control of orders and regulations), in subsection (2)(b) after “132A,” insert “ 132B, ”. N.I.

Commencement Information

I24 Sch. 12 para. 23 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

24  In section 167(1) (interpretation), in the definition of “benefit”, before “a jobseeker's allowance” insert “ state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, ”. N.I.

Commencement Information

I25 Sch. 12 para. 24 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The Social Security (Northern Ireland) Order 1993 (NI 2) N.I.

25  In Article 4 of the Social Security (Northern Ireland) Order 1993 (payments into National Insurance Fund out of appropriated money) in paragraph (1) in the definition of “estimated benefit expenditure”, in paragraph (a) after “paragraphs” insert “ (za), ”. N.I.

Commencement Information

I26 Sch. 12 para. 25 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The Pensions (Northern Ireland) Order 1995 (NI 22) N.I.

26  In Schedule 2 to the 1995 Order (pensionable age), in paragraph 1, for “and Part 1 of the Welfare Reform Act (Northern Ireland) 2007” substitute “ , Part 1 of the Welfare Reform Act (Northern Ireland) 2007 and the Pensions Act (Northern Ireland) 2015 ”. N.I.

Commencement Information

I27 Sch. 12 para. 26 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The Social Security (Northern Ireland) Order 1998 (NI 10) N.I.

27  The Social Security (Northern Ireland) Order 1998 is amended as follows. N.I.

Commencement Information

I28 Sch. 12 para. 27 in operation at 6.4.2016, see s. 53(1)(3)

28  In Article 4 (use of computers), in paragraph (2) at the end insert N.I.

“or

(m) Part 1 of the Pensions Act (Northern Ireland) 2015.”.

Commencement Information

I29 Sch. 12 para. 28 in operation at 6.4.2016, see s. 53(1)(3)

29  In Article 9 (decisions by the Department)— N.I.

(a) in paragraph (3), before sub-paragraph (b) insert—

“(ab) state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;”;

(b) in paragraph (4), before “other than” insert “ or Part 1 of the Pensions Act (Northern Ireland) 2015 ”.

Commencement Information

I30 Sch. 12 para. 29 in operation at 6.4.2016, see s. 53(1)(3)

30  In Article 12 (regulations with respect to decisions), in paragraph (3), in the definition of “the current legislation”, at the end insert “ and Part 1 of the Pensions Act (Northern Ireland) 2015 ”. N.I.

Commencement Information

I31 Sch. 12 para. 30 in operation at 6.4.2016, see s. 53(1)(3)

31  In Article 27 (restrictions on entitlement to benefit in certain cases of error), in paragraph (7), in the definition of “benefit”, after paragraph (f) insert N.I.

“and

(g) state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015.”.

Commencement Information

I32 Sch. 12 para. 31 in operation at 6.4.2016, see s. 53(1)(3)

32  In Article 28 (correction of errors in decisions etc.), in paragraph (3) at the end insert N.I.

“or

(j) Part1 of the Pensions Act (Northern Ireland) 2015.”.

Commencement Information

I33 Sch. 12 para. 32 in operation at 6.4.2016, see s. 53(1)(3)

33  In Schedule 3 (decisions against which an appeal lies), before paragraph 7 insert— N.I.

“State pension: prisoners and overseas residents N.I.

6C   A decision that a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 is not payable by reason of section 19 of that Act (prisoners).

6D   A decision that a person is not entitled to increases in the rate of a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 by reason of regulations under section 20 of that Act (overseas residents).”.

Commencement Information

I34 Sch. 12 para. 33 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) N.I.

34—(1) Section 38 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (disclosure of state pension information) is amended as follows. N.I.

(2) In subsection (7), after paragraph (a) insert—

“(aa) the amount of any state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 a present or future entitlement to which has already accrued to that individual;

(ab) a projection of the amount of any state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 to which that individual is likely to become entitled, or might become entitled in particular circumstances;”.

(3) In subsection (11), in the definition of “lump sum”, after “under” insert “ section 8 of the Pensions Act (Northern Ireland) 2015 or ”.

Commencement Information

I35 Sch. 12 para. 34 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The Social Security Fraud Act (Northern Ireland) 2001 (c. 17) N.I.

35  The Social Security Fraud Act (Northern Ireland) 2001 is amended as follows. N.I.

Commencement Information

I36 Sch. 12 para. 35 in operation at 6.4.2016, see s. 53(1)(3)

36  In section 5A (definitions), in the definition of “disqualifying benefit”, before paragraph (a) insert— N.I.

“(zb) state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015 or under Part 1 of the Pensions Act 2014;”.

Commencement Information

I37 Sch. 12 para. 36 in operation at 6.4.2016, see s. 53(1)(3)

37  In section 9 (power to supplement and mitigate loss of benefit provisions), in subsection (3), before paragraph (c) insert— N.I.

“(bf) state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015 or under Part 1 of the Pensions Act 2014;”.

Commencement Information

I38 Sch. 12 para. 37 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The State Pension Credit Act (Northern Ireland) 2002 (c. 14) N.I.

38  The State Pension Credit Act (Northern Ireland) 2002 is amended as follows. N.I.

Commencement Information

I39 Sch. 12 para. 38 in operation at 6.4.2016, see s. 53(1)(3)

39  In section 7 (fixing of claimant's retirement provision for assessed income period), in subsection (6)(a), after “benefit under” insert “ Part 1 of the Pensions Act (Northern Ireland) 2015 or ”. N.I.

Commencement Information

I40 Sch. 12 para. 39 in operation at 6.4.2016, see s. 53(1)(3)

40  In section 16 (meaning of “retirement pension income”), in subsection (1), before paragraph (a) insert— N.I.

“(za) a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 or under Part 1 of the Pensions Act 2014;”.

Commencement Information

I41 Sch. 12 para. 40 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The Gender Recognition Act 2004 (c. 7) N.I.

41  The Gender Recognition Act 2004 is amended as follows. N.I.

Commencement Information

I42 Sch. 12 para. 41 in operation at 6.4.2016, see s. 53(1)(3)

42  In section 23(3) and (4) of that Act (power to modify statutory provisions) “ enactment” includes sections 11 and 12 of, and Schedules 6 and 7 to, this Act. N.I.

Commencement Information

I43 Sch. 12 para. 42 in operation at 6.4.2016, see s. 53(1)(3)

43—(1) Schedule 5 (benefits and pensions) is amended as follows. N.I.

(2) After paragraph 6A insert—

“Pension under Part 1 of the Pensions Act (Northern Ireland) 2015

6B— (1) Any question—

(a) whether the person is entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 for any period after the certificate is issued, and

(b) (if so) the rate at which the person is so entitled for the period,

is to be decided as if the person's gender were the acquired gender.

(2) Accordingly, if (immediately before the certificate is issued) the person—

(a) is a woman entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, but

(b) has not attained the age of 65,

the person ceases to be so entitled when it is issued.

(3) And, conversely, if (immediately before the certificate is issued) the person—

(a) is a man who has attained the age at which a woman of the same age attains pensionable age, but

(b) has not attained the age of 65,

the person is to be treated for the purposes of Part 1 of the Pensions Act (Northern Ireland) 2015 as attaining pensionable age when it is issued.

(4) But sub-paragraph (1) does not apply if and to the extent that the decision of any question to which it refers is affected by the payment or crediting of contributions, or the crediting of earnings, in respect of a period ending before the certificate is issued.

(5) If the person's acquired gender is the male gender, sections11 and 12 of, and Schedules 6 and 7 to, the Pensions Act (Northern Ireland) 2015 (effect of reduced rate elections) apply in relation to the person as they apply in relation to a woman (but only once the person has reached pensionable age for a man).

(6) Paragraph 10 makes provision about deferment of state pensions under Part1 of the Pensions Act (Northern Ireland) 2015.”.

(3) In paragraph 10, in sub-paragraph (1), after paragraph (za) insert—

“(zb) a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015,”.

Commencement Information

I44 Sch. 12 para. 43 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 17/02/2016

The Welfare Reform Act (Northern Ireland) 2015 N.I.

44  F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F1 Sch. 12 para. 44 omitted (17.2.2016) before coming into operation by virtue of The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 102(3); S.R. 2016/46, art. 3(4)(a)