Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Social Security (Maximum Additional Pension) Regulations (Northern Ireland) 2010 and shall come into operation on 6th April 2010.

(2)

In these Regulations—

“applicable limit” has the meaning given by section 44(7)(c)3;

“relevant year” has the meaning given by section 44(7)(a);

“survivor” means a surviving spouse or surviving civil partner.

(3)

In these Regulations a reference to a section by number alone is a reference to the section so numbered in the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

Prescribed maximum additional pension2.

(1)

For the purposes of section 52(3) (increase of additional pension in the Category A retirement pension for surviving spouses or surviving civil partners), the maximum additional pension shall be the amount of additional pension to which a person is entitled where that person—

(a)

has reached pensionable age on the day specified in paragraph (2); and

(b)

in respect of each relevant year has an earnings factor specified in paragraph (3).

(2)

For the purposes of paragraph (1)(a), the day specified is the day on which the survivor would, but for section 434 (persons entitled to more than one retirement pension), have become entitled to both—

(a)

a Category A retirement pension; and

(b)

a Category B retirement pension by virtue of the contributions of a spouse or civil partner who has died,

or would have become so entitled if the survivor’s entitlement to a Category A or Category B retirement pension had not been deferred.

(3)

For the purposes of paragraph (1)(b), the specified earnings factor is an earnings factor which—

(a)

is equal to 53 times that year’s applicable limit, before any increase under section 130 of the Administration Act5 (revaluation of earnings factors); and

(b)

is derived from earnings on which primary Class 1 contributions were paid.

Revocations3.

The following Regulations are revoked—

(a)

the Social Security (Maximum Additional Component) Regulations (Northern Ireland) 19796;

(b)

regulation 10 of the Social Security (Abolition of Earnings Rule) (Consequential) Regulations (Northern Ireland) 19897.

Sealed with the Official Seal of the Department for Social Development on 3rd March 2010

(L.S.)
Anne McCleary
A senior officer of the Department for Social Development