The Transfer of State Pensions and Benefits Regulations (Northern Ireland) 2007

Transferable rights

2.—(1) In these Regulations, “transferable rights” means, subject to paragraph (2), any rights to relevant benefits, which, at the guarantee date, have accrued to, or in respect of, a person by virtue of—

(a) the payment by that person of Class 1, 2 or 3 contributions under the 1992 Act;

(b) that person having been credited with such contributions or with earnings; or

(c) contributions of any class paid under the National Insurance Act (Northern Ireland) 1966.

(2) Paragraph (1) does not include—

(a) any rights under—

(i) section 48 of the 1992 Act(1) (use of former spouse’s contributions), or

(ii) sections 82 to 86A of that Act(2) (adult dependency increases); or

(b) the cash equivalent of the value of the appropriate national health service allocation under section 142 of the Social Security Administration (Northern Ireland) Act 1992(3) (destination of contributions).

(3) In determining a person’s rights to relevant benefits for the purposes of this regulation, regulation 6(1) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979(4) (benefit at reduced rates for those who do not satisfy contribution conditions in full) shall have effect as if the words from “provided” to the end of the paragraph were omitted.

(1)

Section 48 was amended by paragraph 78 of Schedule 24 to the Civil Partnership Act 2004 (c. 33)

(2)

Section 82 was amended by paragraph 7 of Schedule 2 and Schedule 3 to the Jobseekers (Northern Ireland) Order 1995, paragraph 89 of Schedule 24 to the Civil Partnership Act 2004 and paragraph 31 of Schedule 1 to the Child Benefit Act 2005 (c. 6); section 83 was amended by paragraph 20 of Schedule 1 and Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)); section 84 was amended by paragraph 8 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995; section 85 was amended by paragraph 22 of Schedule 1 and Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994, paragraphs 14(d) and 18(10) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), paragraph 91 of Schedule 24 and Schedule 30 to the Civil Partnership Act 2004 and paragraph 32 of Schedule 1 to the Child Benefit Act 2005; section 86 was repealed by Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; section 86A was inserted by Article 4(4) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(3)

Section 142 was amended by Article 4 of the Social Security (Contributions) (Northern Ireland) Order 1994 (S.I. 1994/765 (N.I. 4)), Schedule 2 to the Social Security Administration (Fraud) Act 1997 (c. 47), Article 61(2) of, and paragraph 77 of Schedule 6 to, the Social Security (Northern Ireland) Order 1998, paragraph 31 of Schedule 1, paragraph 45 of Schedule 3 and paragraph 11 of Schedule 4 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671), paragraph 9 of Schedule 10 to the Welfare Reform and Pensions Act 1999 (c. 30), section 5 of, and paragraph 34 of Schedule 1 and Schedule 2 to, the National Insurance Contributions Act 2002, paragraph 206 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1) and paragraph 4(3) of Schedule 1 to the National Insurance Contributions and Statutory Payments Act 2004 (c. 3)

(4)

S.R. 1979 No. 243; regulation 6(1) was substituted by regulation 2(2) of S.R. 1990 No. 452 and amended by regulation 8(3)(a) of S.R. 2001 No. 108