Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Part IX N.I. Alteration of Contributions and Benefits

Alteration of contributions, etc. N.I.

129 Amendments following alterations in Great Britain. N.I.

Whenever the [F1 Treasury] makes an order under section 141, 143, F2 . . . [F3 or 145] of the Great Britain Administration Act (alteration of contributions), the [F4 order may also make corresponding provision] for Northern Ireland.

Textual Amendments

F1 Word in s. 129 substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 43(a); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F2 Words in s. 129 repealed (6.4.2000) by 1999 c. 30, s. 88, Sch. 13 Pt. VII; S.I. 1999/3420, art. 4(e)

F3 Words in s. 129 substituted (6.4.1999) by S.I. 1998/1506 (N.I. 10), art. 61(1), Sch. 6 para. 72; S.R. 1999/72, art. 2(b), Sch.

F4 Words in s. 129 substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 43(b); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

130 Revaluation of earnings factors. N.I.

Whenever the Secretary of State makes an order under section 148 of the Great Britain Administration Act [F5 (revaluation of earnings factors), the Department may make a corresponding order for Northern Ireland].

Textual Amendments

F5 Words in s. 130 substituted (16.12.1995 subject to Sch. 2 of the amending S.I.) by S.I. 1995/3213 (N.I. 22), arts. 1, 125(3) (with art. 125(4)-(6))

Modifications etc. (not altering text)

C1 S. 130 extended (1.7.1992) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), ss. 44(8), 173(4) (with s. 108(5))

[F6 130A Revaluation of low earnings threshold N.I.

Whenever the Secretary of State makes an order under section 148A of the Great Britain Administration Act (revaluation of low earnings threshold), the Department may make a corresponding order for Northern Ireland.]

Textual Amendments

F6 S. 130A inserted (8.1.2001 for certain purposes, otherwise 1.2.2001) by 2000 c. 4 (N.I.), s. 32, (with s. 66(6)); S.R. 2000/358, art. 2(e), Sch. Pt. IV (as amended by S.R. 2000/374, art. 3); S.R. 2001/34, art. 2(c)

[F7 130AA Revaluation of flat rate accrual amount N.I.

Whenever the Secretary of State makes an order under section 148AA of the Great Britain Administration Act (revaluation of flat rate accrual amount), the Department may make a corresponding order for Northern Ireland.]

Textual Amendments

F7 S. 130AA inserted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 2 para. 2

[F8 131 Statutory sick pay - power to alter limit for small employers’ relief. N.I.

Whenever the Secretary of State makes regulations prescribing an amount which an employer’s contributions payments must not exceed if he is to be a small employer for the purposes of section 154 of the Great Britain Contributions and Benefits Act, the Department shall make corresponding regulations for Northern Ireland.]

Textual Amendments

F8 S. 131 ceased to have effect (6.4.1995) by virtue of S.R. 1995/96, art. 6(2)(b)

Review and alteration of benefits N.I.

132 Annual up-rating of benefits. N.I.

(1) Whenever the Secretary of State [F9 or the Treasury] makes an order under section 150 of the Great Britain Administration Act the Department may make a corresponding order for Northern Ireland.

(2) An increase in a sum such as is specified in subsection (3)(b) below shall form part of the Category A or Category B retirement pension of the person to whom it is paid and an increase in a sum such as is specified in subsection (3)(a) below shall be added to and form part of that pension but shall not form part of the sum increased.

(3) The sums referred to in subsection (2) above are those which are—

(a) payable by virtue of [F10 section 11(1) of the Pensions Act] to a [F11 relevant person] (including any sum payable by virtue of [F10 section 13(2) of that Act]); or

(b) payable to such a person as part of his Category A or Category B retirement pension by virtue of—

(i) an order made under this section corresponding to an order made under section 150 of the Great Britain Administration Act by virtue of paragraph (e)(ii) of subsection (1) of that section;

(ii) an order made under section 120 of the M1 1975 Act corresponding to an order made under section 126A of the Social Security Act 1975; or

(iii) an order made under Article 64 of the M2 1986 Order corresponding to an order made under section 63(1)(d) of the Social Security Act 1986.

[F12 (3ZA) In subsection (3)(a) “relevant person” means a person—

(a) who became entitled to a Category A or Category B retirement pension before the day on which section 3(1) of the Pensions Act (Northern Ireland) 2012 comes into operation, and

(b) to whom sums became payable by virtue of section 11(1) of the Pensions Act (including sums payable by virtue of section 13(2) of that Act) before that day.

(3ZB) In subsection (3ZA)—

(a) a reference to becoming entitled to a pension before a day 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;

(b) a reference to sums becoming payable before a day includes a reference to sums becoming payable on or after that day in respect of a period before that day.]

[F13 (3A) Where a member of [F14 a scheme which was at a time before the abolition date (as defined in section 176(1) of the Pensions Act)] an appropriate personal pension scheme or a money purchase contracted-out scheme continues in employment after attaining pensionable age and the commencement of his pension under the scheme is postponed, the preceding provisions of this section shall have effect as if—

(a) the guaranteed minimum pension to which he is treated as entitled by virtue of section 44(2)(a) of the Pensions Act were subject to increases in accordance with the provisions of section 11(1) of that Act; and

(b) the amounts of any notional increases referred to in paragraph (a) above were subject to annual up-rating in the same way as if they were sums to which subsection (3)(a) above applied.]

[F15 (3B) Subsection (3A) does not have effect unless—

(a) the member became entitled to a Category A or Category B retirement pension before the day on which section 3(2) of the Pensions Act (Northern Ireland) 2012 comes into operation, and

(b) the member's postponed pension under the scheme became payable before that day.

(3C) In subsection (3B)—

(a) a reference to becoming entitled to a pension before a day 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;

(b) a reference to a pension becoming payable before a day includes a reference to a pension becoming payable on or after that day in respect of a period before that day.]

(4) Where any increment under [F16 section 11(1) of the Pensions Act]—

(a) is increased in any tax year by an order under [F16 section 105 of that Act]; and

(b) in that tax year also falls to be increased by an order under this section,

the increase under this section shall be the amount that would have been specified in the order, but for this subsection, less the amount of the increase under Article 39A of the Pensions Order.

F17 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The reference in subsection (1) above to an order made under section 150 of the Great Britain Administration Act includes a reference to an order made in exercise of the powers conferred by regulations made under subsection (11) of that section.

Textual Amendments

F9 Words in s. 132(1) inserted (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 4 para. 9; S.I. 2003/392, art. 2 (subject to savings in art. 3)

F10 Words in s. 132(3)(a) substituted (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 41(a); S.R. 1994/17, art. 2

F11 Words in s. 132(3)(a) substituted (7.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 3(1)(a), 34(3); S.R. 2012/233, art. 2(2)(b)

F12 S. 132(3ZA)-(3ZB) inserted (7.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 3(1)(b), 34(3); S.R. 2012/233, art. 2(2)(b)

F13 S. 132(3A) inserted (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 41(b); S.R. 1994/17, art. 2

F14 Words in s. 132(3A) inserted (6.4.2012) by The Pensions (2008 Act) (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Provisions) Regulations (Northern Ireland) 2012 (S.R. 2012/120), regs. 1(a), 2(2)

F15 S. 132(3B)-(3C) inserted (7.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 3(2), 34(3); S.R. 2012/233, art. 2(2)(b)

F16 Words in s. 132(4) substituted (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 41(c); S.R. 1994/17, art. 2

F17 S. 132(5) omitted (7.6.2012) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), ss. 3(3), 34(3) (with s. 3(4)); S.R. 2012/233, art. 2(2)(b)

Modifications etc. (not altering text)

C2 S. 132: certain functions of the Secretary of State or the Department of Health and Social Services for Northern Ireland transferred (5.10.1999) to the Treasury by 1999 c. 10, ss. 2, 20(2), Sch. 2 Pt. I para. 4

C3 Ss. 132-134: transfer of functions (1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), ss. 49(4), 61 (with s. 54(1)(3)(4)(6)(8)); S.I. 2003/392, art. 2 (subject to savings in art. 3)

C4 S. 132(2) modified (5.10.1999) by 1999 c. 10, ss. 2, 20(2), Sch. 2 Pt. Pt. V para. 20(f)

Marginal Citations

M1 1975 c. 14.

M2 1986 c. 50.

[F18 132A Annual up-rating of basic pension etc. and standard minimum guarantee N.I.

Whenever the Secretary of State makes an order under section 150A of the Great Britain Administration Act, the Department may make a corresponding order for Northern Ireland.]

Textual Amendments

F18 S. 132A inserted (with effect in accordance with s. 5(3)(4) of the amending Act) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 5(1)

133 Rectification of mistakes in up-rating orders. N.I.

Whenever the Secretary of State [F19 or the Treasury] makes an order under section 152 of the Great Britain Administration Act, the Department may make a corresponding order for Northern Ireland.

Textual Amendments

F19 Words in s. 133 inserted (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 4 para. 9; S.I. 2003/392, art. 2 (subject to savings in art. 3)

Modifications etc. (not altering text)

C3 Ss. 132-134: transfer of functions (1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), ss. 49(4), 61 (with s. 54(1)(3)(4)(6)(8)); S.I. 2003/392, art. 2 (subject to savings in art. 3)

134 Social security benefits in respect of children. N.I.

(1) Regulations may, with effect from any day on or after that on which there is an increase in the rate or any of the rates of child benefit, reduce any sum specified in any of the provisions mentioned in subsection (2) below to such extent as the Department thinks appropriate having regard to that increase.

(2) The provisions referred to in subsection (1) above are the following provisions of Schedule 4 to the Contributions and Benefits Act—

(a) paragraph 6 of Part I (child’s special allowance);

F20 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) paragraph 7 of Part V (increase of weekly rate of disablement pension in respect of child dependants);

(e) paragraph 12 of Part V (allowance in respect of deceased’s children).

Textual Amendments

F20 S. 134(2)(b)(c) repealed (1.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/392, art. 2; (subject to savings in art. 3)

Modifications etc. (not altering text)

C3 Ss. 132-134: transfer of functions (1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), ss. 49(4), 61 (with s. 54(1)(3)(4)(6)(8)); S.I. 2003/392, art. 2 (subject to savings in art. 3)