SCHEDULES

SCHEDULE 5 N.I. [F1 Pension Increase or Lump Sum Where Entitlement to Retirement Pension is Deferred]

Textual Amendments

F1 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)

C1 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)

C2 Sch. 5 modified (6.4.2005) by The Social Security (Retirement Pensions etc.) (Transitional Provisions) Regulations (Northern Ireland) 2005 (S.R. 2005/123), regs. 1(1), 2

C3 Sch. 5: sums amended (with effect in accordance with arts. 1, 7 of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2021 (S.R. 2021/82), arts. 1(1)(c), 4(4)(b)

Increase of pension where pensioner’s deceased spouse [F2 or civil partner] has deferred entitlement N.I.

Textual Amendments

F2 Words in Sch. 5 para. 4 cross-heading inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 (S.R. 2005/434), art. 1(3), Sch. para. 6(f)(i)

[F3 5A [F4 (1) This paragraph applies where W (referred to in paragraph 5 above) is a [F5 woman— N.I.

(a) whose deceased spouse was a man, or

(b) who falls within paragraph 7(3) below.]

(2) Where the [F6 spouse] dies before [F7 6th October 2002], the amounts referred to in paragraph 5(2)(a) above are the following—

(a) an amount equal to one-half of the increase mentioned in paragraph 5(1)(b) above,

(b) the appropriate amount, and

(c) an amount equal to any increase to which the [F6 spouse] had been entitled under paragraph 5 above.

(3) Where the [F8 spouse] dies after [F7 5th October 2002], the amounts referred to in paragraph 5(2)(a) above are the following—

(a) one-half of the appropriate amount F9 ... , and

(b) one-half of any increase to which the [F8 spouse] had been entitled under paragraph 5 above.]]

Textual Amendments

F3 Sch. 5 paras. 5, 5A, 6 substituted (16.12.1995) for Sch. 5 paras. 5 and 6 by S.I. 1995/3213 (N.I. 22), arts. 1, 123, Sch. 2 para. 18(15)(16)

F4 Sch. 5 para. 5A omitted (7.6.2012 for specified purposes) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), ss. 3(5), 34(3) (with s. 3(7)); S.R. 2012/233, art. 2(2)(c)

F5 Words in Sch. 5 para. 5A(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), 66(18)(b) (with regs. 6-9)

F6 Word in Sch. 5 para. 5A(2) 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), 66(18)(c) (with regs. 6-9)

F7 Words in Sch. 5 para. 5A(2)(3) substituted (retrospectively) by virtue of 2000 c. 4 (N.I.), s. 35(1)(2)(c)

F8 Word in Sch. 5 para. 5A(3) 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), 66(18)(c) (with regs. 6-9)

F9 Words in Sch. 5 para. 5A(3)(a) omitted (with effect in accordance with s. 5(3)-(5) of the amending Act) by virtue of Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 1 para. 20

Modifications etc. (not altering text)

C4 Sch. 5 paras. 4-7 modified (6.10.2002) by S.R. 2001/441, art. 2