The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2015

Amendment of the Social Security (Claims and Payments) Regulations N.I.

9.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1) are amended in accordance with paragraphs (2) to (21).

(2) In regulation 2 (interpretation) in paragraph (1)—

(a) before the definition of “advance period” insert the following definition—

““the 2015 Act” means the Pensions Act (Northern Ireland) 2015;”;

(b) in the definition of “benefit”(2) after “(2A) of the Order” insert “, state pension under Part 1 of the 2015 Act;”; and

(c) in the definition of “shared additional pension”(3), after “section 55A” insert “or 55AA”.

(3) In regulation 3(1)(4) (claims not required for entitlement to benefit in certain cases)—

(a) in sub-paragraph (cb) in each of heads (i), (ii) and (iii) after “Category A retirement pension” insert “or a state pension under section 4 of the 2015 Act”;

(b) in sub-paragraph (d)(5) after “retirement pension” insert “or a state pension under Part 1 of the 2015 Act”;

(c) in sub-paragraph (da) after “retirement pension” insert “or a state pension under Part 1 of the 2015 Act”; and

(d) after sub-paragraph (j)(6) insert—

“(ja) in the case of a state pension under any section of Part 1 of the 2015 Act where the beneficiary is entitled to—

(i) a state pension under a different section of Part 1 of that Act, or

(ii) another state pension under the same section of Part 1 of that Act.”.

(4) In regulation 4 (making a claim for benefit)—

(a) in paragraph (6A)(a)(ii)(7) after “retirement pension of any category” insert “, a state pension under Part 1 of the 2015 Act”;

(b) in paragraph (6A)(b)(8) after “retirement pension” insert “, a state pension under Part 1 of the 2015 Act”; and

(c) in paragraph (11)(9) after “retirement pension,” insert “a state pension under Part 1 of the 2015 Act”.

(5) In regulation 4ZC(2)(10) (electronic claims for benefit) after “retirement pension” insert “, state pension under Part 1 of the 2015 Act”.

(6) In regulation 13(3)(11) (advance claims and awards) after “retirement pension or an increase of retirement pension” insert “state pension under Part 1 of the 2015 Act,”.

(7) In regulation 15 (advance notice of retirement and claim for and award of pension)—

(a) in paragraph (1)(12) after “in any such pension,” insert “or a state pension under Part 1 of the 2015 Act”; and

(b) in paragraph (7)(13)—

(i) after “retirement pension” the first two times it occurs, insert “or a state pension under Part 1 of the 2015 Act”;

(ii) for “retirement pension” the third time it occurs, substitute “pension”; and

(iii) after “the Act” insert “or the 2015 Act”.

(8) In regulation 15B(14) (advance claim for pension following deferment)—

(a) the existing wording is numbered paragraph (1);

(b) after paragraph (1) insert—

“(2) Where a person’s entitlement to a state pension under Part 1 of the 2015 Act is deferred in accordance with sections 16 and 17 of that Act (option to defer and effect of deferring a state pension), a claim for such a state pension may be made at any time not more than 4 months before the date on which the period during which the person’s entitlement to a state pension was deferred ends.”.

(9) In regulation 16 (date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate)—

(a) after paragraph (1D)(15) insert—

“(1E) Except in a case where regulation 22DA applies, for the purpose only of determining the day from which state pension under Part 1 of the 2015 Act payable in arrears under regulation 22CA is to become payable, where entitlement would otherwise begin on a day which is not the first day of the benefit week, entitlement shall begin on the first day of the benefit week next following.”;

(b) after paragraph (2F)(16) insert—

“(2G) Except in a case where paragraph (2H) applies, where—

(a) a state pension under Part 1 of the 2015 Act is paid in arrears under regulation 22CA; and

(b) there is a change in the rate of that benefit,

the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the start of the benefit week in which the change occurs.

(2H) Where—

(a) a state pension under Part 1 of the 2015 Act is paid in arrears under regulation 22CA; and

(b) a change in the rate of that benefit takes effect under an order made under section 132, 132A or 132B of the Administration Act (annual up-rating of benefits; basic pension etc, standard minimum guarantee);

the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect on the first day of the benefit week next following.”;

(c) in paragraph (3)(c)(ii)(17) for “or 22C” substitute “, 22C or 22CA”; and

(d) in paragraph (4)(18) after “retirement pension payable in arrears under regulation 22C” insert “, state pension under Part 1 of the 2015 Act payable in arrears under regulation 22CA”.

(10) In regulation 21A(19) (delayed payment of lump sum)—

(a) in paragraph (1)(a) after head (iii) insert—

“(iv) section 8 of the 2015 Act (choice of lump sum or survivor’s pension in certain cases); or

(v) regulations made under section 10 of the 2015 Act (inheritance of graduated retirement benefit) which make provision corresponding or similar to section 8 of that Act;”;

(b) in paragraph (3), after sub-paragraph (c) insert—

“(d) section 8 of the 2015 Act;

(e) regulations made under section 10 of the 2015 Act which make provision corresponding or similar to section 8 of that Act,”.

(11) After regulation 22C(20) (retirement pension), insert—

“State pension under Part 1 of the 2015 Act

22CA.— (1) This regulation applies in relation to payment of a state pension under Part 1 of the 2015 Act.

(2) State pension is to be paid in arrears.

(3) The Department may arrange to pay state pension at intervals of—

(a) one week;

(b) two weeks, if, immediately before becoming entitled to the state pension, the beneficiary was in receipt of a working age benefit which was paid fortnightly;

(c) four weeks;

(d) 13 weeks, if the beneficiary agrees; or

(e) such length not exceeding 12 months as the Department may choose, if—

(i) the Department makes a direction specifying that length; and

(ii) the amount of the state pension payable is less than £5.00 per week.

(4) State pension is to be paid—

(a) on the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number; or

(b) in any particular case or class of case, on any other day of the week that the Department may choose.

Column 1	Column 2
Last 2 digits national insurance number	Day to be paid state pension
00 to 19	Monday
20 to 39	Tuesday
40 to 59	Wednesday
60 to 79	Thursday
80 to 99	Friday”

(12) After regulation 22D (payment of retirement pension at a daily rate), insert—

“Payment of state pension under Part 1 of the 2015 Act at a daily rate

22DA.— (1) State pension under Part 1 of the 2015 Act is to be paid at a daily rate where—

(a) the day on which a person’s first benefit week begins is after—

(i) the day on which the person reaches pensionable age; or

(ii) where the person has deferred their state pension under sections 16 and 17 of the 2015 Act, the first day in respect of which the person makes a claim for their state pension; or

(b) the day on which a person’s last benefit week begins is before the day on which the person dies.

(2) The period for which a daily rate is to be paid is—

(a) where paragraph (1)(a) applies, the period—

(i) beginning on the day on which the person reaches pensionable age or the first day in respect of which the person makes a claim for their state pension; and

(ii) ending on the day before the day on which the person’s first benefit week begins; or

(b) where paragraph (1)(b) applies, the period beginning on the day on which the person’s last benefit week begins and ending on the day on which the person dies.

(3) The daily rate at which state pension is payable under this regulation is 1/7th of the weekly rate which would have had effect on the day if a weekly rate had been payable.

(4) In this regulation, “benefit week” means the period of 7 days ending on the day on which the person’s state pension is payable in accordance with regulation 22CA(4).”.

(13) In regulation 26B(2)(21) (payment of state pension credit) for sub-paragraph (a) substitute—

“(a) on the same day as any—

(i) state pension under Part 1 of the 2015 Act; or

(ii) retirement pension,

is payable to the claimant; or”.

(14) In regulation 30 (payments on death)—

(a) in paragraph (4B)(b)(22) after “retirement pension of any category” insert “, a state pension under Part 1 of the 2015 Act”;

(b) in paragraph (5)(23) for “(5G)” substitute “(5H)”;

(c) in paragraph (5C)(24) after “shared additional pension” insert “or a state pension under Part 1 of the 2015 Act”;

(d) in paragraph (5F)—

(i) for “Paragraph (5G) applies” substitute “Paragraphs (5G) and (5H) apply”; and

(ii) in sub-paragraph (c) after “statutory election” insert “, or choice under section 8(2) of the 2015 Act or regulations made under section 10 of that Act which make provision corresponding or similar to section 8(2),”;

(e) in paragraph (5G) for “(“W”)” substitute “(referred to as W in paragraph (5F))”; and

(f) after paragraph (5G) insert—

“(5H) Where a person makes a claim under paragraph (5) for a state pension under Part 1 of the 2015 Act, the deceased (referred to as W in paragraph (5F)) shall be treated as having made a choice to be paid a state pension under—

(a) section 9 of the 2015 Act (survivor’s pension based on inheritance of deferred old state pension) in accordance with section 8(2)(b) of that Act; or

(b) regulations made under section 10 of the 2015 Act which make provision corresponding or similar to section 9 of that Act in accordance with regulations made under section 10 which make provision corresponding or similar to section 8(2)(b) of that Act.”.

(15) In regulation 32ZA(2)(25) (information given electronically) after sub-paragraph (h) insert—

“(i) state pension under Part 1 of the 2015 Act.”.

(16) In regulation 32A(3)(26) (information relating to awards of benefit) after sub-paragraph (l) insert—

“(m) state pension under Part 1 of the 2015 Act.”.

(17) In Part 1 of Schedule 1(27) (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative) at the end of the table insert the following entries—

“A state pension under any section of Part 1 of the 2015 Act	A state pension under any other section of Part 1 of the 2015 Act or bereavement benefit
Bereavement benefit	A state pension under Part 1 of the 2015 Act”

(18) In Schedule 4 (prescribed times for claiming benefit) in column (1) (description of benefit) in entry 13(28) after “any category” insert “or state pension under Part 1 of the 2015 Act”.

(19) In paragraph (b) of the definition of “specified benefit” in paragraph 1(1) of Schedule 8A(29) (deductions from benefits and direct payment to third parties) after “retirement pension” insert “, state pension under Part 1 of the 2015 Act”;

(20) In paragraph (a) of the definition of “relevant benefits” in paragraph 1 of Schedule 8B(30), (deductions of mortgage interest from benefit and payment to qualifying lenders) after “retirement pension” insert “, state pension under Part 1 of the 2015 Act”.

(21) In paragraph 2(1) of Schedule 8D(31) (electronic communication) after “retirement pension” insert “, state pension under Part 1 of the 2015 Act”.

Commencement Information

I1 Art. 9(1) in operation at 4.1.2016 for specified purposes, see art. 1(a)

I2 Art. 9(2) in operation at 4.1.2016 for specified purposes, see art. 1(a)

I3 Art. 9(6) in operation at 4.1.2016, see art. 1(a)

I4 Art. 9(7) in operation at 4.1.2016, see art. 1(a)

(1)

S.R. 1987 No. 465; relevant amending instruments are S.R. 1988 No. 141; S.I. 1988/594 (N.I. 2); S.R. 1989 No. 373; S.R. 1990 No. 398; S.R. 1992 Nos. 7 and 271; S.R. 1994 No. 345 and 456; S.R. 1996 Nos. 354 and 622; S.R. 1998 No. 369; S.R. 2001 No.108; S.R. 2003 Nos. 191 and 317; S.R. 2005 Nos. 14, 122, 299 and 541; S.R. 2006 Nos. 104, 168 and 203; S.R. 2007 Nos. 206, 330, 392 and 467; S.R. 2008 Nos. 69; 286; 413 and 417; S.R. 2009 Nos. 107; 240 and 409; S.R. 2010 Nos. 81; 337 and 345; S.R. 2011 Nos. 135; 298, and 431; and S.R. 2015 No. 185

(2)

The definition of “benefit” was amended by paragraph 1 of Schedule 3 to S.I. 1988/594 (N.I. 2) and regulation 3(2)(a) of S.R. 1998 No. 369

(3)

The definition of “shared additional pension” was inserted by regulation 2(2)(c) of S. R. 2005 No. 299

(4)

Regulation 3(1) was renumbered by regulation 4 of S.R. 2015 No. 185; sub-paragraph (cb) was substituted by regulation 2(2) of S.R. 2008 No. 69 and amended by regulation 2(3) of S.R. 2009 No. 240

(5)

Sub-paragraph (d) was amended by regulation 10(3)(b) of S.R. 2001 No. 108; sub-paragraph (da) was inserted by regulation 2(2) of S.R. 2008 No. 417

(6)

Sub-paragraph (j) was substituted by regulation 4(a) of S.R. 2015 No. 185

(7)

Paragraph (6A) was inserted by regulation 2(2)(b) of S.R. 2003 No. 317 and amended by regulation 6(2)(a) of S.R. 2007 No. 467; sub-paragraph (a)(ii) was amended by regulation 2(4)(a)(i) of S.R. 2005 No. 299

(8)

Paragraph (6A)(b) was inserted by regulation 2(2)(b) of S.R. 2003 No. 317 and amended by regulation 2(4)(a)(ii) of S.R. 2005 No. 299 and regulation 2(3)(a) of S.R. 2006 No. 168

(9)

Paragraph (11) was added by regulation 2(2)(b) of S.R. 2005 No. 14 and amended by regulation 2(4)(b) of S.R. 2005 No. 299 and regulation 2(4)(b) of S.R. 2010 No. 337

(10)

Regulation 4ZC was inserted by Article 2(3) of S.R. 2006 No. 203 and amended by Article 2(2) of S.R. 2011 No. 298

(11)

Regulation 13(3) was amended by regulation 6 of S.R. 1992 No. 7, regulation 2(3)(a) of S.R. 1994 No. 345; regulation 6(1) of S.R. 2003 No. 191 and regulation 2(5) of S.R. 2005 No. 299

(12)

Regulation 15(1) was amended by regulation 2(6) of S.R 2005 No. 299

(13)

Paragraph (7) was amended by regulation 12(1)(c) (with savings provisions in regulation 12(2)(b)) of S.R. 1989 No. 373

(14)

Regulation 15B was substituted by regulation 2(7) of S.R. 2005 No. 299

(15)

Regulation 16(1D) was inserted by regulation 2(3)(a) of S.R. 2009 No. 409

(16)

Regulation 16(2F) was inserted by regulation 3(3)(c) of S.R. 2010 No. 81

(17)

Paragraph (3) was substituted by regulation 3(b) of S.R. 1988 No. 141; sub-paragraph (c) was substituted by regulation 2(2)(c) of S.R. 2009 No.107; head (ii) was amended by regulation 2(3)(c) of S.R. 2009 No. 409

(18)

Paragraph (4) was amended by regulation 3(c) of S.R. 1988 No. 141; regulation 2(7) of S.R. 1994 No. 456; regulation 2(9) of S.R. 1996 No. 354; regulation 7(1) of S.R. 2003 No. 191; regulation 13(11) of S.R. 2008 No. 286; regulation 2(2)(d) of S.R. 2009 No. 107 and regulation 2(3)(d) of S.R. 2009 No. 409

(19)

Regulation 21A was inserted by regulation 8 of S.R. 2006 No. 104

(20)

Regulations 22C and 22D were inserted by regulation 2(5) of S.R. 2009 No.409

(21)

Regulation 26(B) was inserted by regulation 9 of S.R. 2003 No. 191 and amended by regulation 2(13) of S.R. 2006 No. 168 and regulation 2(6)(a) of S.R. 2009 No. 409

(22)

Paragraph (4B) was inserted by regulation 2(5)(b) of S.R. 2007 No. 392

(23)

Paragraph (5) was amended by regulation 3(6) of S.R. 1988 No. 369; regulation 7(5)(a) of S.R. 1990 No. 398; regulation 15 of S.R. 1992 No. 7; regulation 2(15) of S.R. 1996 No. 354 and regulation 10 of S.R. 2003 No. 191

(24)

Paragraphs (5A) to (5G) were substituted by regulation 3(b) of S.R. 2005 No. 541

(25)

Regulation 32ZA was inserted by Article 2(3) of S.R. 2011 No. 298; paragraph (2) was amended by Article 2(2) of S.R. 2011 No. 431

(26)

Regulation 32A(3) was inserted by regulation 6(5) of S.R. 2007 No. 467 and amended by regulation 2(7) of S.R. 2009 No. 240

(27)

The heading to Schedule 1 was substituted by regulation 2(11) of S.R. 1994 No. 456

(28)

Entry 13 was inserted by regulation 2(5) of S.R. 2005 No. 122

(29)

Schedule 8A was inserted by regulation 2(3) of S.R. 1988 No. 67, paragraph 1 was amended by regulation 7 of S.R. 2008 No. 413; the definition of “specified benefit” was substituted by regulation 2(a)(iii) of S.R. 2007 No. 206; amended by regulation 2(a)(ii) of S.R. 2007 No. 330; regulation 13(18)(a)(iv) of S.R. 2008 No. 286 and regulation 4(2) of S.R. 2011 No. 135; sub-paragraph (b) was substituted by regulation 7(a)(i) of S.R. 2008 No. 413

(30)

Schedule 8B was inserted by regulation 5 of S.R. 1992 No. 271; the definition of “relevant benefits” was substituted by regulation 2(27)(a)(ii) of S.R. 1996 No. 354 and amended by regulation 16(2)(b) of S.R. 1996 No. 622, regulation 14(2)(b) of S.R. 2003 No. 191, regulation 13(19)(a) of S.R. 2008 No. 286, regulation 3 of S.R. 2010 No. 345 and regulation 4(3) of S.R. 2011 No. 135

(31)

Schedule 8D was inserted by Article 2(4) of S.R. 2006 No. 203 and paragraph 2(1) was amended by Article 2(4) of S.R. 2011 No. 298 and Article 2(3) of S.R. 2011 No. 431