SCHEDULES

C1C2C3 SCHEDULE 5F1Pension Increase or Lump Sum Where Entitlement to Retirement Pension is Deferred

Annotations:
Amendments (Textual)
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)

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 F2or civil partner has deferred entitlement

Annotations:
Amendments (Textual)

F37ZA

1

This paragraph modifies paragraphs 5A to 6A in cases where—

a

W became entitled to a Category A or Category B retirement pension before 7 June 2012, and

b

S died before 7 June 2012.

(“W” and “S” have the same meaning as in paragraph 5.)

2

Paragraph 5A applies as if—

a

in sub-paragraph (2), after paragraph (a), there were inserted—

b

the appropriate amount; and

b

in sub-paragraph (3), after “following—”, there were inserted—

a

one half of the appropriate amount; and

3

Paragraph 6 applies as if—

a

in sub-paragraph (2), after paragraph (a), there were inserted—

b

the appropriate amount; and”;

b

in sub-paragraph (3), after paragraph (b), there were inserted—

c

the appropriate amount reduced by the amount of any increases under section 105 of the Pensions Act; and

c

in sub-paragraph (4), after paragraph (a), there were inserted—

b

one half of the appropriate amount; and

4

Paragraph 6A applies as if in sub-paragraph (2), after paragraph (a), there were inserted—

b

one half of the appropriate amount; and

5

In paragraphs 5A to 6A as modified by this paragraph, the “appropriate amount” means the greater of—

a

the amount by which the deceased person's Category A or Category B retirement pension had been increased under section 132 of the Administration Act; or

b

the amount by which his or her Category A or Category B retirement pension would have been so increased had he or she died immediately before the surviving spouse or civil partner became entitled to a Category A or Category B retirement pension.

6

In sub-paragraph (1)(a) the reference to becoming entitled to a pension before 7 June 2012 includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day.