2018 No. 208

Social Security

The State Pension Debits and Credits (Revaluation) Order (Northern Ireland) 2018

Made

Coming into operation in accordance with Article 1(1)

This Order is made in exercise of the powers conferred by sections 130AD and 165(1) and (4) of the Social Security Administration (Northern Ireland) Act 19921 and now vested in the Department for Communities2.

The Secretary of State for Work and Pensions has made an Order3 under sections 148AD(2) and (3) and 189(1) and (4) of the Social Security Administration Act 19924.

Accordingly the Department for Communities makes the following Order.

Citation, commencement and interpretation1

1

This Order may be cited as the State Pension Debits and Credits (Revaluation) Order (Northern Ireland) 2018 and shall come into operation on—

a

5th January 2019 for the purpose of making an award on a claim for a state pension under regulation 15(1) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 19875 (advance notice of retirement and claim for and award of pension) to a person who reaches pensionable age6 on or after 9th April 2019; and

b

8th April 2019 for all other purposes.

2

In this Article “a state pension” means a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015.

The increase in the amount of relevant debits or credits2

For the purposes of paragraph 3 of each of Schedules 8 and 10 to the Pensions Act (Northern Ireland) 2015 (pension sharing: appropriate weekly rate and reduction), the amount of relevant debits or credits for the tax year specified in the first column of the table set out in the Schedule to this Order is directed to be increased by the percentage of their amount specified in the corresponding entry in the second column.

Sealed with the Official Seal of the Department for Communities on 11th December 2018

(L.S.)Anne McClearyA senior officer of the Department for Communities

SCHEDULEPercentage increase of the amounts of relevant debits or credits for specified tax years

Article 2

Tax Year

Percentage increase

2016-2017

6.5

2017-2018

5.4

2018-2019

2.4

EXPLANATORY NOTE

(This note is not part of the Order)

This Order corresponds to an Order (S.I. 2018/1219) made by the Secretary of State for Work and Pensions under sections 148AD(2) and (3) and 189(1) and (4) of the Social Security Administration Act 1992 (c. 5).

Article 2 of this Order revalues debits and credits under Article 46A(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147) (N.I. 11) in accordance with the increase in the general level of prices.

Under paragraph 3 of each of Schedules 8 and 10 to the Pensions Act (Northern Ireland) 2015 (“the 2015 Act”) debits to which a person is subject (under section 14 of the 2015 Act) and credits to which a person is entitled (under section 13 of the 2015 Act) are revalued by the percentage specified by the last order under section 130AD of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) to come into operation before the person reached pensionable age. Pensionable age has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)).

Article 1(1) ensures that the revaluation of relevant debits or credits will apply to persons reaching pensionable age on or after 9th April 2019, including those who make an advance claim for a state pension under regulation 15(1) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987.