SCHEDULES

C3C4C6 SCHEDULE 5F4Pension Increase or Lump Sum Where Entitlement to Retirement Pension is Deferred

Annotations:
Amendments (Textual)
F4

Sch. 5 heading substituted (17.2.2005 for specified purposes, 6.4.2005 in so far as not already in force) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255), art. 1(4), Sch. 9 para. 2

Modifications etc. (not altering text)
C3

Sch. 5 modified (temp. from 1.12.1999 until 5.10.2002) by The Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), arts. 1(4)(b), 49(7)(b) (the temp. modification lapsing on the coming into operation of S.R. 2001/441)

C6

Sch. 5 sums amended (with effect in accordance with art. 6 of the amending Order) by The Social Security Benefits Up-rating Order (Northern Ireland) 2005 (S.R. 2005/82), arts. 1(1)(f), 4(4)(b)

Increase of pension where pensioner’s deceased spouse F5or civil partner has deferred entitlement

Annotations:
Amendments (Textual)

C1C54

C2F31

Subject to paragraph 8, this paragraph applies where a F6widow, widower or surviving civil partner (“W”) is entitled to a Category A or Category B retirement pension and was married to F7or was the civil partner of the other party to the marriage F8or civil partnership (“S”) when S died and one of the following conditions is met—

a

S was entitled to a Category A or Category B retirement pension with an increase under this Schedule,

b

W is a F6widow, widower or surviving civil partner to whom paragraph 3C applies and has made an election under paragraph 3C(2)(a), or

c

paragraph 3C would apply to W but for the fact that the condition in sub-paragraph (1)(d) of that paragraph is not met.

F31A

Subject to sub-paragraph (3), the rate of W’s pension shall be increased—

a

in a case falling within sub-paragraph (1)(a), by an amount equal to the increase to which S was entitled under this Schedule, apart from F9paragraphs 5 to 6A,

b

in a case falling within sub-paragraph (1)(b), by an amount equal to the increase to which S would have been entitled under this Schedule, apart from F9paragraphs 5 to 6A, if the period of deferment had ended immediately before S’s death and S had then made an election under paragraph A1(1)(a), or

c

in a case falling within sub-paragraph (1)(c), by an amount equal to the increase to which S would have been entitled under this Schedule, apart from F9paragraphs 5 to 6A, if the period of deferment had ended immediately before S’s death.

F22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

If a married person dies after F15th October 2002F10or a civil partner dies on or after 5th December 2005, the rate of the retirement pension for that person’s F11widow, widower or surviving civil partner shall be increased by an amount equivalent to the sum of—

a

the increase in the basic pension to which the deceased spouse F12or civil partner was entitled; and

b

one-half of the increase in the additional pension.

4

In any case where—

a

there is a period between the death of the former spouse F13or civil partner and the date on which the surviving spouse F13or civil partner becomes entitled to a Category A or Category B retirement pension, and

b

one or more orders have come into force under section 132 of the Administration Act during that period,

the amount of the increase to which the surviving spouse F13or civil partner is entitled under this paragraph shall be determined as if the order or orders had come into force before the beginning of that period.

5

This paragraph does not apply in any case where the deceased spouse died before 6th April 1979 and the widow or widower attained pensionable age before that date.