- Latest available (Revised)
- Point in Time (01/10/2021)
- Original (As made)
Point in time view as at 01/10/2021.
The Pensions (Northern Ireland) Order 1995 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Schedule 1—Amendments
Article 123.
F1Sch. 2 heading substituted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 11(1), Sch. 3 para. 3
1. The following rules apply for the purposes of the enactments relating to social security, that is, the following Acts and the instruments (as defined in section 1 of the Interpretation Act (Northern Ireland) 1954F2) made, or having effect as if made, under them: the Contributions and Benefits Act, the Administration Act[F3, the Pension Schemes Act [F4, the State Pension Credit Act (Northern Ireland) 2002 [F5, Part 1 of the Welfare Reform Act (Northern Ireland) 2007 and the Pensions Act (Northern Ireland) 2015]]] .N.I.
(1) A man [F6born before [F76th December 1953]] attains pensionable age when he attains the age of 65 years.
(2) A woman born before 6th April 1950 attains pensionable age when she attains the age of 60.
(3) A woman born on any day in a period mentioned in column 1 of [F8table 1] attains pensionable age at the commencement of the day shown against that period in column 2.
F9[F10(4)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(5) In tables 1 to 4, any reference to a period in column 1 of that table includes a reference to the first day of that period.]
(1) | (2) |
---|---|
Period within which woman's birthday falls | Day pensionable age attained |
6th April 1950 to 5th May 1950 | 6th May 2010 |
6th May 1950 to 5th June 1950 | 6th July 2010 |
6th June 1950 to 5th July 1950 | 6th September 2010 |
6th July 1950 to 5th August 1950 | 6th November 2010 |
6th August 1950 to 5th September 1950 | 6th January 2011 |
6th September 1950 to 5th October 1950 | 6th March 2011 |
6th October 1950 to 5th November 1950 | 6th May 2011 |
6th November 1950 to 5th December 1950 | 6th July 2011 |
6th December 1950 to 5th January 1951 | 6th September 2011 |
6th January 1951 to 5th February 1951 | 6th November 2011 |
6th February 1951 to 5th March 1951 | 6th January 2012 |
6th March 1951 to 5th April 1951 | 6th March 2012 |
6th April 1951 to 5th May 1951 | 6th May 2012 |
6th May 1951 to 5th June 1951 | 6th July 2012 |
6th June 1951 to 5th July 1951 | 6th September 2012 |
6th July 1951 to 5th August 1951 | 6th November 2012 |
6th August 1951 to 5th September 1951 | 6th January 2013 |
6th September 1951 to 5th October 1951 | 6th March 2013 |
6th October 1951 to 5th November 1951 | 6th May 2013 |
6th November 1951 to 5th December 1951 | 6th July 2013 |
6th December 1951 to 5th January 1952 | 6th September 2013 |
6th January 1952 to 5th February 1952 | 6th November 2013 |
6th February 1952 to 5th March 1952 | 6th January 2014 |
6th March 1952 to 5th April 1952 | 6th March 2014 |
6th April 1952 to 5th May 1952 | 6th May 2014 |
6th May 1952 to 5th June 1952 | 6th July 2014 |
6th June 1952 to 5th July 1952 | 6th September 2014 |
6th July 1952 to 5th August 1952 | 6th November 2014 |
6th August 1952 to 5th September 1952 | 6th January 2015 |
6th September 1952 to 5th October 1952 | 6th March 2015 |
6th October 1952 to 5th November 1952 | 6th May 2015 |
6th November 1952 to 5th December 1952 | 6th July 2015 |
6th December 1952 to 5th January 1953 | 6th September 2015 |
6th January 1953 to 5th February 1953 | 6th November 2015 |
6th February 1953 to 5th March 1953 | 6th January 2016 |
6th March 1953 to 5th April 1953 | 6th March 2016 |
[F136th April 1953 to 5th May 1953 | 6th July 2016 |
6th May 1953 to 5th June 1953 | 6th November 2016 |
6th June 1953 to 5th July 1953 | 6th March 2017 |
6th July 1953 to 5th August 1953 | 6th July 2017 |
6th August 1953 to 5th September 1953 | 6th November 2017 |
6th September 1953 to 5th October 1953 | 6th March 2018 |
6th October 1953 to 5th November 1953 | 6th July 2018 |
6th November 1953 to 5th December 1953 | 6th November 2018 ] |
[F14(6) A person born on any day in a period mentioned in column 1 of table 2 attains pensionable age at the commencement of the day shown against that period in column 2.
[F15(1) | (2) |
---|---|
Period within which birthday falls | Day pensionable age attained |
6th December 1953 to 5th January 1954 | 6th March 2019 |
6th January 1954 to 5th February 1954 | 6th May 2019 |
6th February 1954 to 5th March 1954 | 6th July 2019 |
6th March 1954 to 5th April 1954 | 6th September 2019 |
6th April 1954 to 5th May 1954 | 6th November 2019 |
6th May 1954 to 5th June 1954 | 6th January 2020 |
6th June 1954 to 5th July 1954 | 6th March 2020 |
6th July 1954 to 5th August 1954 | 6th May 2020 |
6th August 1954 to 5th September 1954 | 6th July 2020 |
6th September 1954 to 5th October 1954 | 6th September 2020] |
(7) A person born after [F165th October 1954] but before [F176th April 1960] attains pensionable age when the person attains the age of 66.
[F18(8) A person born on any day in a period mentioned in column 1 of table 3 attains pensionable age when the person attains the age shown against that period in column 2.
(1) | (2) |
---|---|
Period within which birthday falls | Age pensionable age attained |
6th April 1960 to 5th May 1960 | 66 years and 1 month |
6th May 1960 to 5th June 1960 | 66 years and 2 months |
6th June 1960 to 5th July 1960 | 66 years and 3 months |
6th July 1960 to 5th August 1960 | 66 years and 4 months |
6th August 1960 to 5th September 1960 | 66 years and 5 months |
6th September 1960 to 5th October 1960 | 66 years and 6 months |
6th October 1960 to 5th November 1960 | 66 years and 7 months |
6th November 1960 to 5th December 1960 | 66 years and 8 months |
6th December 1960 to 5th January 1961 | 66 years and 9 months |
6th January 1961 to 5th February 1961 | 66 years and 10 months |
6th February 1961 to 5th March 1961 | 66 years and 11 months |
(8A) For the purposes of table 3—
(a)a person born on 31st July 1960 is to be taken to attain the age of 66 years and 4 months at the commencement of 30th November 2026;
(b)a person born on 31st December 1960 is to be taken to attain the age of 66 years and 9 months at the commencement of 30th September 2027;
(c)a person born on 31st January 1961 is to be taken to attain the age of 66 years and 10 months at the commencement of 30th November 2027]
(9) A person born after [F195th March 1961] but before 6th April 1977 attains pensionable age when the person attains the age of 67.
(10) A person born on any day in a period mentioned in column 1 of table 4 attains pensionable age at the commencement of the day shown against that period in column 2.
(1) | (2) |
---|---|
Period within which birthday falls | Day pensionable age attained |
6th April 1977 to 5th May 1977 | 6th May 2044 |
6th May 1977 to 5th June 1977 | 6th July 2044 |
6th June 1977 to 5th July 1977 | 6th September 2044 |
6th July 1977 to 5th August 1977 | 6th November 2044 |
6th August 1977 to 5th September 1977 | 6th January 2045 |
6th September 1977 to 5th October 1977 | 6th March 2045 |
6th October 1977 to 5th November 1977 | 6th May 2045 |
6th November 1977 to 5th December 1977 | 6th July 2045 |
6th December 1977 to 5th January 1978 | 6th September 2045 |
6th January 1978 to 5th February 1978 | 6th November 2045 |
6th February 1978 to 5th March 1978 | 6th January 2046 |
6th March 1978 to 5th April 1978 | 6th March 2046 |
(11) A person born after 5th April 1978 attains pensionable age when the person attains the age of 68.]
F4Words in Sch. 2 para. 1 substituted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 8; S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2
F5Words in Sch. 2 para. 1 substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 26
F6Words in Sch. 2 para. 1(1) inserted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 11(1), Sch. 3 para. 4(2)
F7Words in Sch. 2 para. 1(1) substituted (2.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 1(2), 34(2)
F8Words in Sch. 2 para. 1(3) substituted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 11(1), Sch. 3 para. 4(3)
F9Sch. 2 para. 1(4) omitted (2.6.2012) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), ss. 1(3), 34(2)
F10Sch. 2 para. 1(4) substituted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 11(1), Sch. 3 para. 4(4)
F11Sch. 2 para. 1(5) substituted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 11(1), Sch. 3 para. 4(5)
F12Table heading in Sch. 2 para. 1(5) substituted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 11(1), Sch. 3 para. 4(6)
F13Entries in Sch. 2 Table 1 substituted (2.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 1(4), 34(2)
F14Sch. 2 para. 1(6)-(11) inserted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 11(1), Sch. 3 para. 4(7)
F15Sch. 2 Table 2 substituted (2.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 1(5), 34(2)
F16Words in Sch. 2 para. 1(7) substituted (2.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 1(6), 34(2)
F17Words in Sch. 2 para. 1(7) substituted (24.6.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), ss. 26(2), 53(2)(a)
F18Sch. 2 para. 1(8)(8A) substituted for Sch. 2 para. 1(8) (24.6.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), ss. 26(3), 53(2)(a)
F19Words in Sch. 2 para. 1(9) substituted (24.6.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), ss. 26(4), 53(2)(a)
2. F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
F20Sch. 2 para. 2 repealed (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), ss. 4(2), 19(2)(3)(a), Sch. 6 Pt. 2 (with s. 4(5)-(8))
3.—(1) For sections 49 and 50 of the Contributions and Benefits Act substitute—N.I.
48A.—(1) A person who—
(a)has attained pensionable age, and
(b)on attaining that age was a married person or marries after attaining that age,
shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the marriage ( “the spouse”) if the following requirement is met.
(2) The requirement is that the spouse—
(a)has attained pensionable age and become entitled to a Category A retirement pension, and
(b)satisfies the conditions specified in Schedule 3, Part I, paragraph 5.
(3) During any period when the spouse is alive, a Category B retirement pension payable by virtue of this section shall be payable at the weekly rate specified in Schedule 4, Part I, paragraph 5.
(4) During any period after the spouse is dead, a Category B retirement pension payable by virtue of this section shall be payable at the weekly rate corresponding to—
(a)the weekly rate of the basic pension, plus
(b)half of the weekly rate of the additional pension,
determined in accordance with the provisions of sections 44 to 45A above as they apply in relation to a Category A retirement pension but subject to section 46(2) above and the modification in section 48C(4) below.
(5) A person's Category B retirement pension payable by virtue of this section shall not be payable for any period falling before the day on which the spouse's entitlement is to be regarded as beginning for that purpose by virtue of section 5(1)(1) of the Administration Act.
48B.—(1) A person ( “the pensioner” whose spouse died—
(a)while they were married, and
(b)after the pensioner attained pensionable age,
shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if the spouse satisfied the conditions specified in Schedule 3, Part I, paragraph 5.
(2) A Category B retirement pension payable by virtue of subsection (1) above shall be payable at a weekly rate corresponding to—
(a)the weekly rate of the basic pension, plus
(b)half of the weekly rate of the additional pension,
determined in accordance with the provision of sections 44 to 45A above as they apply in relation to a Category A retirement pension, but subject to section 46(2) above and the modifications in subsection (3) below and section 48C(4) below.
(3) Where the spouse died under pensionable age, references in the provisions of section 44 to 45A above as applied by subsection (2) above to the tax year in which the pensioner attained pensionable age shall be taken as references to the tax year in which the spouse died.
(4) A person who has attained pensionable age ( “he pensioner”) whose spouse died before the pensioner attained that age shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if—
(a)where the pensioner is a woman, the following condition is satisfied, and
(b)where the pensioner is a man, the following condition would have been satisfied on the assumption mentioned in subsection (7) below.
(5) The condition is that the pensioner—
(a)is entitled (or is treated by regulations as entitled) to a widow's pension by virtue of section 38 above, and
(b)became entitled to that pension in consequence of the spouse's death.
(6) A Category B retirement pension payable by virtue of subsection (4) above shall be payable—
(a)where the pensioner is a woman, at the same weekly rate as her widow's pension and
(b)where the pensioner is a man, at the same weekly rate as that of the pension to which he would have been entitled by virtue of section 38 above on the assumption mentioned in subsection (7) below.
(7) The assumption referred to in subsections (4) and (6) above is that a man is entitled to a pension by virtue of section 38 above on the same terms and conditions, and at the same rate, as a woman.
48C.—(1) Subject to the provisions of this Act, a person's entitlement to a Category B retirement pension shall begin on the day on which the conditions of entitlement become satisfied and shall continue for life.
(2) In any case where—
(a)a person would, apart from section 43(1) above, be entitled both to a Category A and to a Category B retirement pension, and
(b)section 47(1) above would apply for the increase of the Category A retirement pension,
section 47(1) above shall be taken as applying also for the increase of the Category B retirement pension, subject to reduction or extinguishment of the increase by the application of section 47(2) above or section 42(5) of the Pensions Act.
(3) In the case of a pensioner whose spouse died on or before 5th April 2000, sections 48A(4)(b) and 48B(2)(b) above shall have effect with the omission of the words “half of”.
(4) In the application of the provisions of section 44 to 45A above by virtue of sections 48A(4) or 48B(2) above, references in those provisions to the pensioner shall be taken as references to the spouse.”.
F21(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21Sch. 2 para. 3(2)(3) omitted (6.4.2016) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 63
4.—(1) In paragraph 5 of Schedule 3 to the Contributions and Benefits Act (contribution conditions for entitlement to retirement pension), in sub-paragraph (7)(a) (condition that contributor must have paid or been credited with contributions of the relevant class for not less than the requisite number of years modified in the case of those precluded from regular employment by responsibilities at home), omit “(or at least 20 of them, if that is less than half)”.N.I.
(2) This paragraph has effect in relation to any person attaining pensionable age on or after 6th April 2010.
5. In section 46(2) of the Contributions and Benefits Act (benefits calculated by reference to Category A retirement pension), for the words following “45(4)(b) above—” substitute—N.I.
“N =
(a)the number of tax years which begin after 5th April 1978 and end before the date when the entitlement to the additional pension commences, or
(b)the number of tax years in the period—
(i)beginning with the tax year in which the deceased spouse ( “S”) attained the age of 16 or if later 1978- 79, and
(ii)ending immediately before the tax year in which S would have attained pensionable age if S had not died earlier.
whichever is the smaller number.” .
6.—(1) In section 54(1) of the Contributions and Benefits Act (election to defer right to pension), in paragraph (a), omit from “but” to “70”N.I.
(2) In Schedule 5 to that Act—
(a)in paragraph 2(2), omit the definition of “the period of enhancement” (and the preceding “and”), and
(b)for “period of enhancement” (in every other place in paragraph 2 and 3 where it appears) substitute “period of deferment”.
(3) In paragraph 2(3) of that Schedule, for “1/7th per cent.” substitute “1/5th per cent.”.
(4) In paragraph 8 of that schedule, omit sub-paragraphs (1) and (2).
F22(5) Sub-paragraph (1) comes into operation on 6th April 2010; and sub-paragraphs (2) to (4) have effect in relation to incremental periods beginning on or after that date.
7. In section 62(1) of the Contributions and Benefits Act (graduated retirement benefit continued in force by regulations)—N.I.
(a)in paragraph (a), for “replacing section 35(4) of the National Insurance Act (Northern Ireland) 1966” substitute “amending section 35(2) of the National Insurance Act (Northern Ireland) 1966 (value of unit of graduated contributions) so that the value is the same for women as it is for men for replacing section 35(4) of that Act”, and
(b)at the end of paragraph (b) add “ and for that section (except subsection (5) so to apply as it applies to women and their late husbands ”.
8. In section 145(4) of that Act (Christmas bonus: supplementary), for “70 in the case of a man or 65 in the case of a woman” substitute “65”.N.I.
Part III—AmendmentsSchedules 3, 4—Amendments
Schedule 5—Repeals
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.