The Welfare Reform and Pensions (Northern Ireland) Order 1999

PART IINTRODUCTORY

1Title and commencement

2Interpretation

PART IISTAKEHOLDER PENSION SCHEMES

3Meaning of “stakeholder pension scheme”

4Registration of stakeholder pension schemes

5Duty of employers to facilitate access to stakeholder pension schemes

6Obtaining information with respect to compliance with Article 5 and corresponding legislation in Great Britain

7Powers of inspection for securing compliance with Article 5 and corresponding legislation in Great Britain

8Application of certain statutory provisions

9Interpretation and application of Part II

PART IIIPENSIONS: GENERAL

Payments by employers to pension schemes

10Monitoring of employers' payments to personal pension schemes

11Late payments by employers to occupational pension schemes

Pensions and bankruptcy

12Effect of bankruptcy on pension rights: approved arrangements

13Effect of bankruptcy on pension rights: unapproved arrangements

14No forfeiture on bankruptcy of rights under pension schemes

15Excessive pension contributions made by persons who have become bankrupt

16Compensating occupational pension schemes

17Miscellaneous amendments

PART IVPENSIONS ON DIVORCE ETC.

18Pension sharing orders

19Amendments of Articles 27B to 27D of the Matrimonial Causes Order

20Extension to overseas divorces etc.

21Supply of pension information in connection with divorce etc.

22Charges by pension arrangements in relation to earmarking orders

23Interpretation of Part IV

PART VPENSION SHARING

CHAPTER ISHARING OF RIGHTS UNDER PENSION ARRANGEMENTS

Pension sharing mechanism

24Scope of mechanism

25Activation of pension sharing

26Creation of pension debits and credits

27Cash equivalents

28Reduction of benefit

29Effect on contracted-out rights

Pension credits

30Time for discharge of liability

31“Implementation period”

32Mode of discharge of liability

Treatment of pension credit rights under schemes

33Safeguarded rights

34Requirements relating to pension credit benefit

35Treatment in winding up

36Public service pension schemes

37Other pension schemes

Charges by pension arrangements

38Charges in respect of pension sharing costs

Adaptation of statutory schemes

39Extension of scheme-making powers

40Power to extend judicial pension schemes

41Disapplication of restrictions on alienation

43Interpretation of Chapter I

CHAPTER IISHARING OF STATE SCHEME RIGHTS

44Shareable state scheme rights

45Activation of benefit sharing

46Creation of state scheme pension debits and credits

47Effect of state scheme pension debits and credits

48Interpretation of Chapter II

CHAPTER ISOCIAL SECURITY BENEFITS

Additional pensions

49Preservation of rights in respect of additional pensions

State maternity allowance

50Extension of entitlement to state maternity allowance

Benefits for widows and widowers

51Bereavement payments

52New allowances for bereaved spouses

53Entitlement to Category B retirement pension by reference to new allowances

Work-focused interviews

54Claim or full entitlement to certain benefits conditional on work-focused interview

55Optional work-focused interviews

Jobseeker’s allowance

56Couples to make joint claim for allowance

57Special schemes for claimants for jobseeker’s allowance

Incapacity for work

58Incapacity for work: personal capability assessments

Incapacity benefits

59Incapacity benefit: restriction to recent contributors

60Incapacity benefit: reduction for pension payments

61Incapacity benefit: persons incapacitated in youth

62Abolition of severe disablement allowance

Disability benefits

63Attendance allowance

64Disability living allowance

65Certain overpayments of benefit not to be recoverable

66Child benefit: claimant to state national insurance number

67Welfare benefits: miscellaneous amendments

68Sharing of functions as regards claims and information

69Supply of information for certain purposes

CHAPTER IIOTHER WELFARE PROVISIONS

70Measures to reduce under-occupation by housing benefit claimants

71Supply of information for child support purposes

PART VIIGENERAL

72Authorisation of certain expenditure

73Regulations and orders

74Consequential amendments etc.

75Transitional provisions

SCHEDULE 1APPLICATION OF THE PENSION SCHEMES ACT AND THE PENSIONS ORDER TO REGISTERED SCHEMES

1(1) The provisions specified in sub-paragraph (2) shall apply as...

2(1) Articles 96 to 98 of the Pensions Order (gathering...

3(1) Article 97 of the Pensions Order shall have effect...

SCHEDULE 2PENSIONS: MISCELLANEOUS AMENDMENTS

Income payments orders against pension payments

1In Article 283(7) of theInsolvency (Northern Ireland) Order 1989 (bankrupt’s...

Extended meaning of “personal pension scheme”

2(1) In the Pension Schemes Act— (a) in section 1...

Revaluation of earnings factors: meaning of “relevant year”

3In section 12(5) of the Pension Schemes Act (revaluation of...

Interim arrangements

4(1) Section 24 of the Pension Schemes Act (ways of...

Effect of certain orders on guaranteed minimum pensions

5In section 43 of the Pension Schemes Act (entitlement to...

Payment by the Department of unpaid pension contributions

6(1) Paragraph 2 of Schedule 3 to the Pension Schemes...

Supervision by the Occupational Pensions Regulatory Authority

7In Article 3(2)(b) of the Pensions Order (power of Authority...

8In Article 8(4) of the Pensions Order (provision which may...

9In Article 10 of the Pensions Order (imposition of civil...

Occupational pension schemes: institutions who may hold money deposited by trustees etc.

10(1) Article 49 of the Pensions Order (other responsibilities of...

Annual increase in rate of pension

11In Article 54(3) of the Pensions Order (supplementary provisions about...

Occupational pension schemes: certificates etc. relating to minimum funding requirement

12(1) In Article 58 of the Pensions Order (schedules of...

Excess assets of wound-up schemes

13In Article 77(5) of the Pensions Order (penalties for trustees...

Pensionable service

14In Article 121(3) of the Pensions Order (matters to be...

Occupational pension schemes: rights of employee who is director of corporate trustee

15(1) TheEmployment Rights (Northern Ireland) Order 1996 is amended as...

SCHEDULE 3PENSION SHARING ORDERS

1The Matrimonial Causes Order is amended as follows.

2In Article 2 (interpretation), in paragraph (3), for “and” at...

3After Article 23 there is inserted— Pension sharing orders (1) For the purposes of this Order, a pension sharing...

4In Article 26 (property adjustment orders in connection with divorce...

5After Article 26 there is inserted— Pension sharing orders in...

6In Article 27 (matters to which the court is to...

7In Article 27A(1) (court’s duty to consider desirability of exercising...

8(1) Article 33 (variation, discharge etc. of certain orders for...

9In Article 35A (consent orders), in paragraph (3), in the...

10In Article 39 (avoidance of transactions intended to prevent or...

11After Article 42 there is inserted— Appeals relating to pension...

SCHEDULE 4AMENDMENTS OF ARTICLES 27B TO 27D OF THE MATRIMONIAL CAUSES ORDER

1(1) Article 27B of the Matrimonial Causes Order is amended...

2(1) Article 27C of that Order is amended as follows....

3(1) Article 27D of that Order is amended as follows....

SCHEDULE 5PENSION CREDITS: MODE OF DISCHARGE

Funded pension schemes

1(1) This paragraph applies to a pension credit which derives...

Unfunded public service pension schemes

2(1) This paragraph applies to a pension credit which derives...

Other unfunded occupational pension schemes

3(1) This paragraph applies to a pension credit which derives...

Other pension arrangements

4(1) This paragraph applies to a pension credit which derives...

Appropriate rights

5For the purposes of this Schedule, rights conferred on the...

Qualifying arrangements

6(1) The following are qualifying arrangements for the purposes of...

Disqualification as destination for pension credit

7(1) If a pension credit derives from a pension arrangement...

Adjustments to amount of pension credit

8(1) If— (a) a pension credit derives from an occupational...

9If— (a) a person’s shareable rights under a pension arrangement...

10The Department may by regulations make provision for paragraph 1(3),...

11Liability in respect of a pension credit shall be treated...

12Liability in respect of a pension credit may not be...

13Regulations under paragraph 5(b) or 7(3) may provide for calculation...

14In this Schedule— “funded”, in relation to an occupational pension...

SCHEDULE 6EFFECT OF STATE SCHEME PENSION DEBITS AND CREDITS

1The Contributions and Benefits Act is amended as follows.

2After section 45A there is inserted— Reduction of additional pension...

3After section 55 there is inserted— Shared additional pension Shared...

SCHEDULE 7JOINT CLAIMS FOR JOBSEEKER'S ALLOWANCE

Jobseekers (Northern Ireland) Order 1995 (NI 15)

1The Jobseekers (Northern Ireland) Order 1995 has effect subject to...

2(1) Article 2 (interpretation) is amended as follows.

3(1) Article 3 (entitlement to jobseeker’s allowance) is amended as...

4In Article 4(1) (the contribution-based conditions), for “Article 3(2)(d)(i)” substitute...

5(1) In paragraph (1) of Article 5 (the income-based conditions),...

6(1) Article 6 (amount of jobseeker’s allowance) is amended as...

7After Article 6 insert— Amount payable in respect of joint-claim...

8(1) Article 10 (power to make regulations requiring attendance etc.)...

9In Article 11(12) (jobseeker’s agreement ends when allowance ends), at...

10(1) Article 15 (income and capital for the purposes of...

11After Article 17 (effect on family of one member being...

12In Article 19 (reduction of allowance payable to young persons),...

13In Article 21 (allowance not payable though conditions for entitlement...

14After Article 22 insert— Denial or reduction of joint-claim jobseeker’s...

15(1) Article 32 (termination of awards where another entitlement exists)...

16(1) Schedule 1 (jobseeker’s allowance: supplementary provisions) is amended as...

Social Security (Northern Ireland) Order 1998 (NI 10)

17In Article 39(1) of the Social Security (Northern Ireland) Order...

SCHEDULE 8WELFARE BENEFITS: MINOR AND CONSEQUENTIAL AMENDMENTS

PART IBEREAVEMENT BENEFITS

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

1The Contributions and Benefits Act has effect subject to the...

2(1) Section 20 (descriptions of contributory benefits) is amended as...

3(1) Section 21 (contribution conditions) is amended as follows.

4In section 46(2) (modifications of s. 45 for calculating additional...

5In section 48B (Category B retirement pension for widows and...

6In section 48C(4) (Category B retirement pension: general), for “or...

7(1) Section 60 (partial failure to satisfy contribution conditions) is...

8In section 61(1) (exclusion of increase of benefit for failure...

9In section 61A(3) (contributions paid in error)—

10In section 80(5) (beneficiary’s dependent children)— (a) for “payable by...

11In section 146 (interpretation of provisions relating to Christmas bonus),...

12(1) Schedule 3 (contribution conditions for entitlement to benefit) is...

13In Part IV of Schedule 4 (increases for dependants) after...

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

14The Administration Act is amended as follows.

15In section 1(2)(a) (entitlement to benefit dependent on claim), for...

16For section 3 (and the cross-heading preceding it) substitute— Bereavement...

Pension Schemes (Northern Ireland) Act 1993 (c. 49)

17(1) Section 42 of the Pension Schemes Act (effect of...

Pensions (Northern Ireland) Order 1995 (NI 22)

18(1) Article 125 of the Pensions Order (additional pension: calculation...

PART IIINCAPACITY

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

19The Contributions and Benefits Act has effect subject to the...

20In section 21 (contribution conditions)— (a) in subsection (1), after...

21In section 30B (incapacity benefit: rate), at the end add—...

22(1) Section 167A (test of incapacity for work) is amended...

23In section 167B(1) (the “own occupation test”), for “the test...

24In section 172 (Assembly, etc. control of regulations and orders),...

PART IIIABOLITION OF SEVERE DISABLEMENT ALLOWANCE

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

25In section 90 of the Contributions and Benefits Act (beneficiaries...

PART IVINCOME SUPPORT

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

26In section 123(1)(f) of the Contributions and Benefits Act (entitlement...

PART VJOBSEEKER'S ALLOWANCE

Jobseekers (Northern Ireland) Order 1995 (NI 15)

27(1) The Jobseekers (Northern Ireland) Order 1995 is amended as...

PART VIMATERNITY ALLOWANCE

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

28The Contributions and Benefits Act has effect subject to the...

29(1) Section 21 (contribution conditions) is amended as follows.

30In section 172(2)(c) (Assembly, etc. control of regulations and orders)...

PART VIIRETIREMENT PENSIONS

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

31In section 48A of the Contributions and Benefits Act (Category...

PART VIIIADMINISTRATION OF BENEFITS

32(1) In each of the provisions of the Administration Act...

SCHEDULE 9CONSEQUENTIAL AMENDMENTS

PART IAMENDMENTS CONSEQUENTIAL ON PARTS IV AND V

Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4)

1The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 is...

2For Article 21 there is substituted— Subject to Article 24, on an application by a party...

3In Article 25— (a) after paragraph (b) there is inserted—...

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

4The Contributions and Benefits Act has effect subject to the...

5(1) Section 20 is amended as follows.

6In section 21(1), after “41 below” there is inserted “or...

7In section 39(1), (2) and (3), for “45A” there is...

8In section 43, at the end there is added—

9In section 48A(4), for “45A” there is substituted “45B”.

10In section 48B(2) and (3), for “45A” there is substituted...

11In section 48C(4), for “45A” there is substituted “45B”.

12In section 54(1), at the end there is inserted “or...

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

13The Administration Act has effect subject to the following amendments....

14(1) Section 135A is amended as follows.

15In section 143(2) after paragraph (a) there is inserted—

16In section 145(5)(b), after “section 143(2)(a)” there is inserted “or...

Pension Schemes (Northern Ireland) Act 1993 (c. 49)

17The Pension Schemes Act has effect subject to the following...

18In section 46(1)— (a) in paragraph (a), at the end...

19(1) Section 48 is amended as follows.

20(1) Section 79 is amended as follows.

21In section 81, after “69(2)(b)” there is inserted “or 97D(2)(b)”....

22In section 89, after subsection (1) there is inserted—

23In section 89A, after subsection (1) there is inserted—

24In section 90, after subsection (1A) there is inserted—

25In section 92, there is added at the end—

26(1) Section 94 is amended as follows.

27(1) Section 96 is amended as follows.

28(1) Section 125 is amended as follows.

29(1) Section 173 is amended as follows.

30In section 176(1)— (a) after the definition of “occupational pension...

31In section 178(3), for “and 93(1)” there is substituted “93(1)...

Pensions (Northern Ireland) Order 1995 (NI 22)

32The Pensions Order has effect subject to the following amendments....

33In Article 3(2)(a)— (a) in head (ii), after “values),” there...

34(1) Article 16 is amended as follows.

35In Article 17(4)(a), before “members” there is inserted “qualifying”.

36(1) Article 18 is amended as follows.

37In Article 20(5), after “a”, in the second place where...

38In Article 21(6)— (a) after “Article” there is inserted—

39(1) Article 38 is amended as follows.

40In Article 51(6), after “a pension” there is inserted “which...

41In Article 53, after paragraph (3) there is inserted—

42(1) Article 67 is amended as follows.

43In Article 68(2), for “and” at the end of sub-paragraph...

44In Article 73, after paragraph (3) there is inserted—

45In Article 74(3)(b), at the end there is inserted “or...

46(1) Article 89 is amended as follows.

47(1) Article 90 is amended as follows.

48(1) Article 91 is amended as follows.

49In Article 97(2)— (a) in sub-paragraph (b), after “values),” there...

50(1) Article 121 is amended as follows.

51(1) Article 162 is amended as follows.

Welfare Reform and Pensions (Northern Ireland) Order 1999

52In Article 22 of the Welfare Reform and Pensions (Northern...

PART IIOTHER CONSEQUENTIAL AMENDMENTS

Insolvency (Northern Ireland) Order 1989 (NI 19)

53The Insolvency (Northern Ireland) Order 1989 is amended as follows....

54After Article 315C there is inserted— Recovery of excessive contributions...

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

55The Administration Act has effect subject to the following amendments....

56After section 128E insert— Financing of other expenditure. (1) The Department may make to any relevant authority such...

57In section 149(5) (enactments conferring functions in respect of which...

58In section 165 (regulations and orders -general), after subsection (7)...

59In section 166 (Assembly, etc. control of orders and regulations),...

Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)

60At the end of Article 17(2) of the Deregulation and...

Social Security (Northern Ireland) Order 1998 (NI 10)

61In Schedule 2 to the Social Security (Northern Ireland) Order...

SCHEDULE 10REPEALS

PART IPENSIONS: MISCELLANEOUS

PART IIPENSIONS ON DIVORCE ETC.

PART IIIPENSION SHARING

PART IVABOLITION OF SEVERE DISABLEMENT ALLOWANCE

PART VBENEFITS: MISCELLANEOUS

1999 No. 3147 (N.I. 11)

NORTHERN IRELAND

The Welfare Reform and Pensions (Northern Ireland) Order 1999

Made24th November 1999

Laid before Parliament25th November 1999

Coming into operation in accordance with Article 1

At the Court at Buckingham Palace, the 24th day of November 1999

Present,

The Queen’s Most Excellent Majesty in Council

Whereas this Order is made only for purposes corresponding to those 1999 c. of the Welfare Reform and Pensions Act 1999:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to theM1Northern Ireland Act 1974 (as modified by section 87 of the said Act of 1999) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—