Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2011

Amendment of the Social Security (Deferral of Retirement Pensions) Regulations

3.—(1) The Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005(1) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation), after the definition of the “Contributions and Benefits Act” insert—

““the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(2).”.

(3) For regulation 2 (beginning of accrual period), substitute—

“2.— (1) This regulation applies for the purposes of paragraphs 3B and 7B of Schedule 5 and paragraph 5 of Schedule 5A to the Contributions and Benefits Act (calculation of lump sum).

(2) In the case of a retirement pension or shared additional pension to which regulation 22 of the Claims and Payments Regulations(3) (long term benefits) applies, the accrual period shall begin with the day of the week on which benefit would have been payable had entitlement not been deferred.

(3) In the case of a retirement pension to which regulation 22C of the Claims and Payments Regulations(4) (retirement pension for persons reaching pensionable age on or after 6th April 2010) applies, the accrual period shall begin with the first day of the benefit week in relation to which benefit would have been payable had entitlement not been deferred.

(4) In this regulation, “benefit week” has the same meaning as in regulation 22D of the Claims and Payments Regulations(5) (payment of retirement pension at a daily rate).”.

(4) In regulation 3 (amount of retirement pension not included in the calculation of the lump sum)—

(a) in paragraph (1)—

(i) in sub-paragraph (a) after head (iii) insert—

“(iv) state pension credit under section 1 of the State Pension Credit Act (Northern Ireland) 2002;”;

(ii) after sub-paragraph (a) insert—

“(aa) in the case of a deferrer who was a member of a couple, the other member of the couple was in receipt of—

(i) income support under section 123 of the Contributions and Benefits Act;

(ii) income-based jobseeker’s allowance under Article 3 of the Jobseekers (Northern Ireland) Order 1995;

(iii) state pension credit under section 1 of the State Pension Credit Act (Northern Ireland) 2002; or

(iv) income-related employment and support allowance under section 1 of the Welfare Reform Act (Northern Ireland) 2007;”.

(b) in paragraphs (2) and (4) after “paragraph (1)(a)” insert “or (aa)”.

(c) after paragraph (5) insert—

“(5A) In paragraph (1), “couple” has the meaning given by section 133(1) of the Contributions and Benefits Act.”.

(5) Paragraph (4) applies only in respect of an accrual period, or part of an accrual period, falling on or after 6th April 2011.

(1)

S.R. 2005 No. 120 to which there are amendments not relevant to these Regulations

(2)

S.R. 1987 No. 465; relevant amending Regulations are S.R. 1996 No. 432, S.R. 2002 No. 297, S.R. 2008 No. 417, S.R. 2009 No. 409 and S.R. 2010 No. 81

(3)

Regulation 22 was amended by regulation 2(3) of S.R. 1996 No. 432, regulation 2(3) of S.R. 2002 No. 297, regulation 2(5) of S.R. 2008 No. 417, regulation 2(4) of S.R. 2009 No. 409 and regulation 3(5) of S.R. 2010 No. 81

(4)

Regulation 22C was inserted by regulation 2(5) of S.R. 2009 No. 409

(5)

Regulation 22D was inserted by regulation 2(5) of S.R. 2009 No. 409