The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016

Circumstances for the purposes of section 13(6) of the 1993 Act in which widower’s or surviving civil partner’s guaranteed minimum pension is payable N.I.

12.—(1) In addition to providing for a widower’s, widow’s or surviving civil partner’s pension to be payable in the circumstances specified in section 13(4A)(1) of the 1993 Act (minimum pensions for widows and widowers), a scheme that was a salary related contracted-out scheme is to make provision for [F1 such a pension to be payable] if—

(a) the widower [F2 , widow] or surviving civil partner and the earner were both over pensionable age when the earner died;

(b) the widower [F2 , widow] or surviving civil partner is either residing with a child, or is entitled to child benefit in respect of a child, who is—

(i) a child of the widower [F2 , widow] or surviving civil partner and the earner;

(ii) a child in respect of whom the earner was, immediately before the earner’s death, entitled to child benefit, or would have been so entitled, if the child had not been absent from Northern Ireland, or

(iii) if the widower [F2 , widow] or surviving civil partner and the earner were residing together immediately before the earner’s death, a child in respect of whom the widower [F2 , widow] or surviving civil partner was, at that time, entitled to child benefit, or would have been so entitled, if the child had not been absent from [F3 Northern Ireland;]

(c) the widower [F2 , widow] or surviving civil partner attained the age of 45—

(i) before the earner died, or

(ii) during a period when the circumstances mentioned in sub-paragraph (b) existed.

[F4 (d) the widower [F2 , widow] or surviving civil partner is entitled to a bereavement support payment by virtue of the earner’s contributions, or

(e) the widower [F2 , widow] or surviving civil partner was entitled to a bereavement support payment by virtue of the earner’s contributions but that entitlement came to an end at a time after the widower [F2 , widow] or surviving civil partner attained the age of 45.]

(2) For the purposes of this regulation “child benefit” has the same meaning as in the Contributions and Benefits Act(2).

Textual Amendments

F1 Words in reg. 12(1) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 113(2)(a) (with regs. 6-9)

F2 Word in reg. 12(1)(a)-(e) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 113(2)(b) (with regs. 6-9)

F3 Words in reg. 12(1)(b)(iii) substituted (6.4.2017) by The Occupational Pension Schemes and Social Security (Schemes that were Contracted-out and Graduated Retirement Benefit) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/57), regs. 1(1), 4(3)(a)

F4 Reg. 12(1)(d)(e) added (6.4.2017) by The Occupational Pension Schemes and Social Security (Schemes that were Contracted-out and Graduated Retirement Benefit) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/57), regs. 1(1), 4(3)(b)

Commencement Information

I1 Reg. 12 in operation at 6.4.2016, see reg. 1(a)

(1)

Section 13(4A) was inserted by paragraph 1(1) of Schedule 5 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by paragraph 5(d) of Schedule 1 to S.R. 2005 No. 433 and is amended by paragraph 17(2) of Schedule 13 to the Pensions Act (Northern Ireland) 2015

(2)

See section 137