2015 No. 411

Social Security

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

Made14th December 2015

Coming into operation in accordance with Article 1

The Department for Social Development makes the following Order in exercise of the powers conferred by sections 50 and 51(6) of Pensions Act (Northern Ireland) 20151.

Citation and commencement1.

This Order may be cited as the Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2015 and shall come into operation—

(a)

for the purposes of this Article and paragraphs (6) and (7) of Article 9 and paragraphs (1) and (2) of that Article in so far as they relate to those paragraphs, on 4th January 2016; and

(b)

for all other purposes, on 6th April 2016 immediately after the coming into operation of the State Pension Regulations (Northern Ireland) F12015 2.

Amendment of the Social Security (Credits) Regulations2.

In regulation 2(1) (interpretation) of the Social Security (Credits) Regulations (Northern Ireland) 19753 for the definition of “benefit” substitute—

““benefit”—
(a)
includes—
(i)
a contribution-based jobseeker’s allowance;
(ii)
a contributory employment and support allowance;
(b)
does not include—
(i)
an income-based jobseeker’s allowance;
(ii)
an income-related employment and support allowance;
(iii)
a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Amendment of the Social Security Benefit (Persons Abroad) Regulations3.

In regulation 1(2) (citation, commencement and interpretation) of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 19784, in the definition of “shared additional pension” after “section 55A” insert “or 55AA”5.

Amendment of the Social Security (Overlapping Benefits) Regulations4.

(1)

The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 19796 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 2(1) (interpretation)—

(a)

in the definition of “shared additional pension”7 after “section 55A” insert “or 55AA”;

(b)

after the definition of “war pension death benefit” insert—

““widowed mother’s allowance” means an allowance referred to in section 37 of the Contributions and Benefits Act (widowed mother’s allowance);”; and

(c)

after the definition of “widowed parent’s allowance”8 insert—

““widow’s pension” means a pension referred to in section 38 of the Contributions and Benefits Act (widow’s pension).”.

(3)

In regulation 49 (adjustment of certain personal benefits where certain other personal benefits are payable)—

(a)

in paragraph (1)(a) after “the Welfare Reform Act” insert “, Part 1 of the Pensions Act (Northern Ireland) 2015”;

(b)

in paragraph (2)(f)10 for “paragraph (4)” substitute “paragraphs (4) and (4A)”;

(c)

in paragraph (4)11 at the beginning insert “Except where paragraph (4A) applies,”; and

(d)

after paragraph (4) insert—

“(4A)
Where the person is entitled to additional pension, a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 and either widow’s pension or widowed mother’s allowance, paragraph (1) shall require the adjustment of additional pension.”.

(4)

In Schedule 1 (personal benefits which are required to be adjusted by certain benefits)—

(a)

in column (1)12 (personal benefit), after paragraph 4 insert—

“4A.
State pension under Part 1 of the Pensions Act (Northern Ireland) 2015”; and

(b)

in column (2) (other personal benefit by reference to which the benefit in column (1) is to be adjusted), after paragraph 4 insert—

“4A.
Unemployability supplement and training allowance”.

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations5.

(1)

The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 197913 are amended in accordance with paragraphs (2) to (6).

(2)

In regulation 1(2) (citation, commencement and interpretation) in the definition of “shared additional pension”14 after “section 55A” insert “or 55AA”.

(3)

After regulation 8(3)15 (substitution of former spouse’s or former civil partner’s contribution record to give entitlement to a Category A retirement pension) insert—

“(3A)
The beneficiary shall be treated as satisfying the first contribution condition specified in paragraph 5 of Schedule 3 to the Contributions and Benefits Act (contribution conditions for entitlement to benefit) if his former spouse or former civil partner would have satisfied that condition had Part 1 of the Pensions Act (Northern Ireland) 2015 not been applicable, as respects any year of his working life up to the year ending on 5th April 2016 (inclusive).”.

(4)

For regulation 8A(1)(e)16 substitute—

“(e)
whose former spouse or former civil partner—
(i)
satisfied the contribution condition specified in paragraph 5A(2) of Schedule 3 to the Contributions and Benefits Act; or
(ii)
would have satisfied the contribution condition specified in paragraph 5A(2) of Schedule 3 to the Contributions and Benefits Act in respect of contributions paid before 6th April 2016 had Part 1 of the Pensions Act (Northern Ireland) 2015 not been applicable.”.

(5)

In regulation 11(3) (Category C retirement pension for widows of men over pensionable age on 5th July 1948)17 for “higher rate specified in relation to a Category C retirement pension in Part III of Schedule 4 to the Act” substitute “ weekly rate of £69.50”.

(6)

In paragraph 1(a)18 of Schedule 1 (method of treating former spouse’s or former civil partner’s contributions as those of the beneficiary so as to entitle him to a Category A retirement pension) at the end insert “but where Part 1 of the Pensions Act (Northern Ireland) 2015 applies to the former spouse or former civil partner, A is the number of his qualifying years up to the year ending 5th April 2016 (inclusive)”.

Amendment of the Social Security (Earnings Factor) Regulations6.

In Schedule 1 to the Social Security (Earnings Factor) Regulations (Northern Ireland) 197919 (rules for the ascertainment of earnings factors)—

(a)

in paragraph 1(2) after “section 13(2) of the Act” insert “or section 2(4) of the Pensions Act (Northern Ireland) 2015”;

(b)

in paragraph 4 after “section 13(2)(a) of the Act” insert “or section 2(4) of the Pensions Act (Northern Ireland) 2015”.

Amendment of the Social Security (General Benefit) Regulations7.

In regulation 1(2) of the Social Security (General Benefit) Regulations (Northern Ireland) 198420 (citation, commencement and interpretation) in the definition of “shared additional pension” after “section 55A” insert “or 55AA”.

Amendment of the Income Support (General) Regulations8.

(1)

The Income Support (General) Regulations (Northern Ireland) 198721 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 2(1) (interpretation) in the definition of “the benefit Acts”22 for “ and Part 1 of the Welfare Reform Act” substitute “, Part 1 of the Welfare Reform Act and Part 1 of the Pensions Act (Northern Ireland) 2015;”.

(3)

In paragraph 12(1)(c)23 (additional condition for the Higher Pensioner and Disability Premiums) of Schedule 2 (applicable amounts) after “that Act” insert “or a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Amendment of the Social Security (Claims and Payments) Regulations9.

(1)

The Social Security (Claims and Payments) Regulations (Northern Ireland) 198724 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”25 after “(2A) of the Order” insert “, state pension under Part 1 of the 2015 Act;”; and

(c)

in the definition of “shared additional pension”26, after “section 55A” insert “or 55AA”.

(3)

In regulation 3(1)27 (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)28 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)29 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)30 after “retirement pension of any category” insert “, a state pension under Part 1 of the 2015 Act”;

(b)

in paragraph (6A)(b)31 after “retirement pension” insert “, a state pension under Part 1 of the 2015 Act”; and

(c)

in paragraph (11)32 after “retirement pension,” insert “a state pension under Part 1 of the 2015 Act”.

(5)

In regulation 4ZC(2)33 (electronic claims for benefit) after “retirement pension” insert “, state pension under Part 1 of the 2015 Act”.

(6)

In regulation 13(3)34 (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)35 after “in any such pension,” insert “or a state pension under Part 1 of the 2015 Act”; and

(b)

in paragraph (7)36—

(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 15B37 (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)38 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)39 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)40 for “or 22C” substitute “, 22C or 22CA”; and

(d)

in paragraph (4)41 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 21A42 (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 22C43 (retirement pension), insert—

“State pension under Part 1 of the 2015 Act22CA.
(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”

Column 1	Column 2
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 rate22DA.
(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)44 (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)45 after “retirement pension of any category” insert “, a state pension under Part 1 of the 2015 Act”;

(b)

in paragraph (5)46 for “(5G)” substitute “(5H)”;

(c)

in paragraph (5C)47 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)48 (information given electronically) after sub-paragraph (h) insert—

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

(16)

In regulation 32A(3)49 (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 150 (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 1351 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 8A52 (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 8B53, (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 8D54 (electronic communication) after “retirement pension” insert “, state pension under Part 1 of the 2015 Act”.

Amendment of the Social Fund (Recovery by Deductions from Benefits) Regulations10.

In regulation 2 of the Social Fund (Recovery by Deductions from Benefits) Regulations (Northern Ireland) 198855 (benefits from which an award may be recovered) after sub-paragraph (j) insert—

“(ja)
a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations11.

(1)

The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 198856 are amended in accordance with paragraphs (2) to (5).

(2)

In regulation 1(2) (citation, commencement and interpretation), in the definition of “benefit” after “the Act” insert “, a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015”.

(3)

In regulation 5 (offsetting prior payment against subsequent award)—

(a)

in paragraph (2)57 in Case 1 after “section 55A” insert “or 55AA”;

(b)

in paragraph (6)58 after sub-paragraph (b) insert—

“(c)
section 8 or 9 of the Pensions Act (Northern Ireland) 2015; or
(d)
regulations made under section 10 of that Act which make provision corresponding or similar to section 8 or 9 of that Act,”.

(4)

In regulation 8(1) (duplication and prescribed payments) before sub-paragraph (a) insert—

“(za)
a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

(5)

After regulation 15(2)(a) (recovery by deduction from prescribed benefits) insert—

“(aa)
a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations12.

(1)

The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 199259 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 7(1)(b)60 (net income: calculation or estimation of N) for “or the Welfare Reform Act” substitute “, the Welfare Reform Act or Part 1 of the Pensions Act (Northern Ireland) 2015”.

(3)

In paragraph 6(2)61 of Schedule 1 (calculation of N and M) for “or the Welfare Reform Act” substitute “, the Welfare Reform Act or Part 1 of the Pensions Act (Northern Ireland) 2015”.

Amendment of the Jobseeker’s Allowance Regulations13.

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 199662 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 1(2) (citation, commencement and interpretation) in the definition of “the benefit Acts”63 for “and Part 1 of the Welfare Reform Act (Northern Ireland) 2007” substitute “, Part 1 of the Welfare Reform Act (Northern Ireland) 2007 and the Pensions Act (Northern Ireland) 2015;”.

(3)

After paragraph 1A64 of Schedule 5 (sums to be disregarded in the calculation of earnings) insert—

“1B.
If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Northern Ireland, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if—
(a)
on retirement the partner is entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, or
(b)
the only reason the partner is not entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 is because the partner does not have the minimum number of qualifying years.”.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations14.

(1)

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 199965 are amended in accordance with paragraphs (2) to (7).

(2)

In regulation 1(2) (citation, commencement and interpretation) before the definition of “state pension credit”66 insert—

““shared additional pension” means a shared additional pension under section 55A or 55AA of the Contributions and Benefits Act;”.

(3)

After regulation 3(7D)67 (revisions of decisions) insert—

“(7DA)
The Department may revise the state pension credit decision where—
(a)
a person chooses under—
(i)
section 8(2) of the Pensions Act (Northern Ireland) 2015 (choice of lump sum or survivor’s pension under section 9 in certain cases) to be paid a state pension under section 9 of that Act (survivor’s pension based on inheritance of deferred old state pension); or
(ii)
regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 Act (inheritance of graduated retirement benefit) which make provision corresponding or similar to section 8(2) of the Act to be paid a state pension under regulations made under section 10 which make provision corresponding or similar to section 9 of that Act;
(b)
the Department—
(i)
decides that the person or the person’s partner is entitled to state pension credit; and
(ii)
takes into account the state pension mentioned in sub-paragraph (a) in making or superseding that decision; and
(c)
the person’s choice for a state pension mentioned in sub-paragraph (a) is subsequently altered in favour of a lump sum in accordance with—
(i)
regulation 668 of the State Pension Regulations (Northern Ireland) 2015 (changing a choice of lump sum or survivor’s pension); or—
(iii)
regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which make provision corresponding or similar to regulation 6 of the State Pension Regulations (Northern Ireland) 2015.
(7DB)
The Department may revise an award of a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 where—
(a)
the person makes a choice under—
(i)
section 8(2) of that Act; or
(ii)
regulations made under section 10 of that Act which make provision corresponding or similar to section 8(2) of that Act; and
(b)
the person subsequently alters that choice in accordance with—
(i)
regulation 6 of the State Pension Regulations (Northern Ireland) 2015; or
(ii)
regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which make provision corresponding or similar to regulation 6 of the State Pension Regulations (Northern Ireland) 2015.”.

(4)

In regulation 3(7EB)69 after sub-paragraph (c) insert—

“(d)
a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015.”.

(5)

In regulation 6(2) (supersession of decisions) after sub-paragraph (n)70 insert—

“(na)
is a decision that a person is entitled to state pension credit and—
(i)
the person—
(aa)
chooses under section 8(2) of the Pensions Act (Northern Ireland) 2015, or under regulations made under section 10 of that Act which make provision corresponding or similar to section 8(2), to be paid a lump sum; or
(bb)
is entitled to a lump sum under section 8(4) of the Pensions Act (Northern Ireland) 2015, or under regulations made under section 10 of that Act which make provision corresponding or similar to section 8(4), because the person has failed to choose within the period mentioned in section 8(3) of that Act; or
(ii)
such a lump sum is repaid in consequence of an application—
(aa)
to alter the choice mentioned in head (i)(aa) in accordance with regulation 6 of the State Pension Regulations (Northern Ireland) 2015 or regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which make provision corresponding or similar to regulation 6 of the State Pension Regulations (Northern Ireland) 2015; or
(bb)
to make a late choice in accordance with regulation 4(4) of the State Pension Regulations (Northern Ireland) 2015 (when a choice of lump sum or survivor’s pension may be made) or regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which make provision corresponding or similar to regulation 4(4) of the State Pension Regulations (Northern Ireland) 2015;”.

(6)

In regulation 7(7A) (date from which a decision superseded under Article 11 takes effect), after “regulation 6(2)(n)” insert “or (na)”.

(7)

After regulation 13A71 (retirement pension after period of deferment), insert—

“State pension under Part 1 of the Pensions Act (Northern Ireland) 2015 after period of deferment13B.
(1)
This regulation applies where—
(a)
a person claims a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;
(b)
the person may make a choice under—
(i)
section 8(2) of the Pensions Act (Northern Ireland) Act 2015 ; or
(ii)
regulations made under section 10 of that Act which make provision corresponding or similar to section 8(2) of that Act; and
(c)
the person does not make such a choice when the claim is made.
(2)
The Department may decide the claim before paragraph (4) applies.
(3)
The Department may revise a decision under paragraph (2) where paragraph (4) applies.
(4)
This paragraph applies where the person—
(a)
makes a choice mentioned in paragraph (1)(b); or
(b)
becomes entitled to a lump sum under section 8(4) of the Pensions Act (Northern Ireland) 2015, or under regulations made under section 10 of that Act which make provision corresponding or similar to section 8(4), because the person has failed to choose within the period mentioned in section 8(3) of that Act.”.

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 200115.

In regulation 4(1) (flat rate) of the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 200172—

(a)

at the end of sub-paragraph (g) omit “and”;

(b)

after sub-paragraph (h) add—

“; and
(i)
a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015.”

Amendment of the Housing Benefit (Decisions and Appeals) Regulations16.

(1)

The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 200173 are amended in accordance with paragraphs (2) to (4).

(2)

After regulation 4(6D)74 (revision of decisions) insert—

“(6DA)
Where—
(a)
a person chooses to be paid a state pension under section 9 of the Pensions Act (Northern Ireland) 2015 in accordance with section 8(2) of that Act;
(b)
the relevant authority decides that the person or his partner is entitled to housing benefit and takes into account the state pension under section 9 of that Act in making or superseding that decision; and
(c)
the person alters the person’s choice under section 8(2) of that Act in accordance with regulations made under section 8(7) of that Act,
the relevant authority may revise the housing benefit decision.
(6DB)
Where—
(a)
a person, in accordance with regulations made under section 10 of the Pensions Act (Northern Ireland) 2015, which include provision corresponding or similar to section 8(2) of that Act, chooses to be paid a survivor’s pension based on inheritance of deferred graduated retirement benefit;
(b)
the relevant authority decides that the person or his partner is entitled to housing benefit and takes into account the survivor’s pension mentioned in sub-paragraph (a) in making or superseding that decision; and
(c)
the person alters the person’s choice to be paid the survivor’s pension mentioned in sub-paragraph (a) in accordance with Regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which include provision corresponding or similar to regulations made under section 8(7) of that Act,
the relevant authority may revise the housing benefit decision.”.

(3)

In regulation 7(2) (decisions superseding earlier decisions) after sub-paragraph (i)75 insert—

“(ia)
where—
(i)
the claimant or his partner chooses to be paid a lump sum under section 8(2) of the Pensions Act (Northern Ireland) 2015, or fails to choose, and is entitled to a lump sum under section 8(4) of that Act; or
(ii)
such a lump sum is repaid in consequence of a decision to alter that choice, being a decision made in accordance with regulations made under section 8(7) of that Act;
(ib)
where—
(i)
the claimant or his partner chooses to be paid a lump sum under regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which include provision corresponding or similar to section 8(2) of that Act, or fails to choose, and is entitled to a lump sum under regulations made under section 10 of that Act which include provision corresponding or similar to section 8(4) of that Act; or
(ii)
such a lump sum is repaid in consequence of a decision to alter that choice, being a decision made in accordance with regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which include provision corresponding or similar to regulations made under section 8(7) of that Act;”.

(4)

In regulation 8 (date from which a decision superseding an earlier decision takes effect), in paragraph (10A)76 after “(2)(i),” insert “ (ia) or (ib),”.

Amendment of the Social Security (Inherited SERPS) Regulations17.

In regulation 2(3) (modification of Part II of the Contributions and Benefits Act) of the Social Security (Inherited SERPS) Regulations (Northern Ireland) 200177—

(a)

omit sub-paragraph (b);

(b)

in sub-paragraph(e)78 for the words in parentheses, substitute “Category B retirement pension for widows, widowers and surviving civil partners who attained pensionable age before 6th April 2010”.

Amendment of the Social Security (Notification of Change of Circumstances) Regulations18.

After regulation 5(1B)(f) (change affecting other benefit, payment or advantage) of the Social Security (Notification of Change of Circumstances) Regulations (Northern Ireland) 200179 insert—

“(fa)
a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Amendment of the State Pension Credit Regulations19.

(1)

The State Pension Credit Regulations (Northern Ireland) 200380 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 1881 (notional income)—

(a)

in paragraph (1)(a) for “(a)” substitute “(za)”;

(b)

after paragraph (7)82 insert—

“(7ZA)
Paragraph (6) shall not apply in respect of the amount of an increase of pension where a person, having made a choice in favour of that increase of pension under section 8(2) of the Pensions Act (Northern Ireland) 2015, alters that choice in favour of a lump sum, in accordance with regulations made under section 8(7) of that Act.
(7ZB)
Paragraph (6) shall not apply in respect of the amount of an increase of pension where a person, having made a choice in favour of that increase of pension in accordance with regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which include provision corresponding or similar to section 8(2) of that Act, alters that choice in favour of a lump sum, in accordance with regulations made under section 10 of that Act which include provision corresponding or similar to regulations made under section 8(7) of that Act.”;

(c)

After paragraph (8) insert—

“(8A)
In paragraph (7ZA), “lump sum” means a lump sum under section 8 of the Pensions Act (Northern Ireland) 2015.
(8B)
In paragraph (7ZB), “lump sum” means a lump sum under regulations made under section 10 of the Pensions Act (Northern Ireland) 2015.”.

(3)

After paragraph 23ZA83 of Schedule 5 (income from capital) insert—

“23ZB.
Where a person chooses a lump sum under section 8(2) of the Pensions Act (Northern Ireland) 2015 or in accordance with regulations made under section 10 of that Act which include provision corresponding or similar to section 8(2) of that Act, or fails to make a choice, and a lump sum payment has been made, an amount equal to—
(a)
except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;
(b)
the amount of that lump sum,
but only for so long as that person does not alter that choice in favour of an increase of pension.”.

Amendment of the Housing Renewal Grants (Reduction of Grant) Regulations20.

(1)

The Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 200484 are amended in accordance with paragraphs (2) and (3).

(2)

In paragraph 12(1)(a)(ii) (additional condition for the higher pensioner and disability premiums) of Schedule 1 (applicable amounts) after “under that Act” insert “or a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015”.

(3)

After paragraph 1(a) of Schedule 2 (sums to be disregarded in the determination of earnings) insert—

“(aa)
where—
(i)
the employment has been terminated because of retirement, and
(ii)
on retirement he is entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, or is not so entitled solely because he does not have the minimum number of qualifying years,
any earnings in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;”.

Amendment of the Social Security (Deferral of Retirement Pensions) Regulations21.

In regulation 1(2) (citation, commencement and interpretation) of the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 200585 in the definition of “shared additional pension”86 after “section 55A” insert “or 55AA”.

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations22.

In regulation 10(1A) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 200587 (deductions from an award of a funeral payment) after sub-paragraph (t) insert—

“(ta)
a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;”.

Amendment of the Housing Benefit Regulations23.

(1)

The Housing Benefit Regulations (Northern Ireland) 200688 are amended in accordance with paragraphs (2) to (5).

(2)

In regulation 2(1) (interpretation) in the definition of “the benefit Acts”89 after “the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011” insert “, the Pensions Act (Northern Ireland) 2015”.

(3)

In regulation 31(d) (disregard of changes in tax, contributions etc.) after “the Act” insert “or a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015”.

(4)

In paragraph 13(1)(a)(ii)90 (additional condition for the disability premium) of Schedule 4 (applicable amounts) after “that Act” insert “or a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015”.

(5)

After paragraph 1(a)91 of Schedule 5 (sums to be disregarded in the calculation of earnings) insert—

“(aa)
where—
(i)
the employment has been terminated because of retirement; and
(ii)
on retirement he is entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, or is not so entitled solely because he does not have the minimum number of qualifying years,
any earnings paid or due to be paid in respect of that employment, but only for a period commencing on the day immediately after the date the employment was terminated;”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations24.

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 200692 are amended in accordance with paragraphs (2) to (5).

(2)

In regulation 2(1) (interpretation) in the definition of “the benefit Acts”93 after “the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011” insert “, the Pensions Act (Northern Ireland) 2015”.

(3)

In regulation 32(d) (disregard of changes in tax, contributions etc.) after “the Act” insert “or a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015”.

(4)

In regulation 39 (notional income)—

(a)

in paragraph (2)(b) after “section 55A” insert “or 55AA”;

(b)

at the end of paragraph (2)(b) omit “and”;

(c)

after paragraph (2)(c) insert—

“; and
(d)
a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015.”;

(d)

after paragraph (3)(c) insert—

“(d)
in the case of a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, in the circumstances specified in section 17(7) and (8) of that Act.”;

(e)

in paragraph (8)94 for “paragraph (9)” substitute “, paragraphs (9), (10ZA), (10ZB)”;

(f)

after paragraph (10) insert—

“(10ZA)
Paragraph (8) shall not apply in respect of the amount of an increase of pension where a person, having made a choice in favour of that increase in pension under section 8(2) of the Pensions Act (Northern Ireland) 2015, alters that choice that in accordance with regulations made under section 8(7) of that Act in favour of a lump sum.
(10ZB)
Paragraph (8) shall not apply in respect of the amount of an increase of pension where a person, having made a choice in favour of that increase of pension in accordance with regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which include provision corresponding or similar to section 8(2) of that Act, alters that choice in favour of a lump sum, in accordance with regulations made under section 10 of that Act which include provision corresponding or similar to regulations made under section 8(7) of that Act.
(10ZC)
In paragraph (10ZA), “lump sum” means a lump sum under section 8 of the Pensions Act (Northern Ireland 2015.
(10ZD)
In paragraph (10ZB), “lump sum” means a lump sum under regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which include provision corresponding or similar to section 8 of that Act.”.

(5)

After paragraph 28 of Schedule 7 (capital to be disregarded) insert—

“28ZA.
Where a person chooses a lump sum under section 8(2) of the Pensions Act (Northern Ireland) 2015 or in accordance with regulations made under section 10 of that Act which include provision corresponding or similar to section 8(2) of that Act, or fails to make a choice, and a lump sum payment has been made, an amount equal to—
(a)
except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;
(b)
the amount of that lump sum,
but only for so long as that person does not alter that choice in favour of an increase of pension.”.

Amendment of the Employment and Support Allowance Regulations25.

(1)

The Employment and Support Allowance Regulations (Northern Ireland) 200895 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 2(1) (interpretation) in the definition of “the benefit Acts” for “and Part 1 of the Act” substitute “, Part 1 of the Act and the Pensions Act (Northern Ireland) 2015”.

(3)

After paragraph 3 of Schedule 7 (sums to be disregarded in the calculation of earnings) insert—

“3A.
If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Northern Ireland, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if—
(a)
on retirement the partner is entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015; or
(b)
the only reason the partner is not entitled to a state pension under Part 1 of that Act is because the partner does not have the minimum number of qualifying years.”.

Amendment of the Social Security (Maximum Additional Pension) Regulations26.

(1)

The Social Security (Maximum Additional Pension) Regulations (Northern Ireland) 201096 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 1(2), after the definition of “applicable limit” insert—

““relevant day” means the day on which the survivor would, but for section 43 (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)

In regulation 2 (prescribed maximum additional pension)—

(a)

before paragraph (1), insert—

“A1
This regulation applies to a survivor whose relevant day is before 6th April 2016.”;

(b)

in paragraph 1(a) for “the day specified in paragraph (2)” substitute “the survivor’s relevant day”; and

(c)

omit paragraph (2).

(4)

After regulation 2, insert—

“Prescribed maximum additional pension for survivors who become entitled on or after 6th April 20162A.
(1)
This regulation applies to a survivor whose relevant day is on or after 6th April 2016.
(2)
For the purposes of section 52(3), the maximum additional pension shall be £165.60.”.

Amendment of the Child Support Maintenance Calculation Regulations27.

In regulation 43(1) (flat rate) of the Child Support Maintenance Calculation Regulations (Northern Ireland) 201297—

(a)

at the end of sub-paragraph (g) omit “and”;

(b)

after sub-paragraph (h) insert—

“; and
(i)
a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015.”.

Amendment of the State Pension Regulations28.

In regulation 6(2)(h) of the State Pension Regulations (Northern Ireland) 201598 (changing a choice of lump sum or survivor’s pension), after “regulation 30(5G)” insert “or (5H)”.

Sealed with the Official Seal of the Department for Social Development on 14th December 2015

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes consequential, supplementary and incidental amendments in relation to the provisions of Part 1 of the Pensions Act (Northern Ireland) 2015 (“the 2015 Act”), which creates a new state pension for people reaching pensionable age on or after 6th April 2016.

The amendments in this Order are to secondary legislation. The majority of these amendments add a reference to the new state pension to the existing secondary legislation. Some of the amendments do so by reference to a particular part of the new state pension and some do so by reference to particular provisions of the 2015 Act. In the vast majority of cases, the amendments are to provisions in the existing legislation which refer to the old state pension so that those provisions also apply to the new state pension.

The amendments come into operation on 6th April 2016, which is the first day a person can be entitled to the new state pension. The exception is the provisions in Article 9(6) and (7), which come into operation on 4th January 2016. These provisions relate to advance awards, which are provisional awards made in advance of the date on which the person becomes entitled. Advance awards help prevent gaps occurring between a person becoming entitled (usually on reaching pensionable age) and receiving their first payment. The amendments apply the advance award provisions to the new state pension.

This Order amends 27 different pieces of secondary legislation, including a number about the administration of benefits. This includes legislation about how a person should claim benefit, when it is paid, how decisions should be made, what happens when a person would be entitled to more than one benefit etc. That legislation is amended to apply to the new state pension.

In particular, the following amendments are made.

Amendments are made to insert references to section 55AA of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7) where there are references to section 55A (shared additional pension because of an old state scheme pension credit). Section 55AA concerns a shared additional pension because of a new state scheme pension credit.

Article 4 amends the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 so that a person cannot receive both the new state pension and certain benefits such as carer’s allowance at the same time.

Article 5 amends the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979 by inserting references to the new state pension where there are references to the old state pension in provisions that allow a person to substitute their former spouse or civil partner’s National Insurance contributions for their own if it enables the person to have entitlement to a Category A old state pension. But a former spouse or civil partner’s contributions for the years after 2015-2016 cannot be substituted in this way. Article 5(5) inserts the rate of a Category C retirement pension in consequence of that rate being omitted from the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) by paragraph 68(a) of Schedule 12 to the 2015 Act.

Article 9 amends the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 so that a person can be paid the new state pension from the first day in respect of which they become entitled to the last day in respect of which they are entitled. It also amends those Regulations to set out where a claim for the new state pension can be treated as a claim for another benefit and vice versa.

Article 26 amends the Social Security (Maximum Additional Pension) Regulations (Northern Ireland) 2010 to specify the maximum amount of additional old state pension a person can be entitled to in particular circumstances.

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”

“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”