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Part IVN.I. Increases for dependants

Modifications etc. (not altering text)

MiscellaneousN.I.

89 Earnings to include occupational and personal pensions [F1etc.] for purposes of provisions relating to increases of benefits in respect of F2... adult dependants.N.I.

(1)Except as may be prescribed, in F3... [F4sections 82 [F5to 85] above, and in regulations under section 86A above,] any reference to earnings includes a reference to payments by way of occupational or personal pension.

[F6(1A)Except as may be prescribed, in sections 82 [F5to 85] above, and in regulations under section 86A above, any reference to earnings includes a reference to payments by way of PPF periodic payments.]

(2)For the purposes of the provisions mentioned in [F7subsections (1) and (1A) above], the Department may by regulations provide, in relation to cases where payments by way of occupational or personal pension [F8or PPF periodic payments] are made otherwise than weekly, that any necessary apportionment of the payments shall be made in such manner and on such basis as may be prescribed.

[F9(3)In this section “PPF periodic payments” means—

(a)any periodic compensation payments made in relation to a person, payable under the pension compensation provisions as specified in Article 146(2) of the Pensions (Northern Ireland) Order 2005 or section 162(2) of the Pensions Act 2004 (the pension compensation provisions); or

(b)any periodic payments made in relation to a person, payable under Article 150 of the Pensions (Northern Ireland) Order 2005 or section 166 of the Pensions Act 2004 (duty to pay scheme benefits unpaid at assessment date etc.),

other than payments made to a surviving dependant of a person entitled to such compensation.]

Textual Amendments

F2Words in s. 89 heading repealed (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (with savings in S.R. 2003/212, art. 2)

F3Words in s. 89(1) repealed (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (with savings in S.R. 2003/212, art. 2)

Modifications etc. (not altering text)

C2S. 89 modified (13.4.1995) by S.R. 1994/485, regs. 1, 11