Office of Public Sector Information
PART III continued
(1) The weekly rate of the additional pension in a Category A retirement pension in any case where the pensioner attained pensionable age in a tax year before 6th April 1999 shall be the weekly equivalent of 1 1/4 per cent. of the amount of the surpluses mentioned in section 44(3)(b) above.
(2) The weekly rate of the additional pension in a Category A retirement pension in any case where the pensioner attained pensionable age in a tax year after 5th April 1999 shall be—
(a) in relation to any surpluses in the pensioner’s earnings factors for the tax years in the period beginning with 1978-79 and ending with 1987-88, the weekly equivalent of 25/N per cent. of the amount of those surpluses; and
(b) in relation to any surpluses in the pensioner’s earnings factors in a tax year after 1987-88, the weekly equivalent of the relevant percentage of the amount of those surpluses.
(3) In subsection (2)(b) above, “relevant percentage” means—
(a) 20/N per cent., where the pensioner attained pensionable age in 2009-10 or any subsequent tax year;
(b) (20+X)/N per cent., where the pensioner attained pensionable age in a tax year falling within the period commencing with 1999-2000 and ending with 2008-9.
(4) In this section—
(a) X = 0.5 for each tax year by which the tax year in which the pensioner attained pensionable age precedes 2009-10; and
(b) N = the number of tax years in the pensioner’s working life which fall after 5th April 1978;
but paragraph (b) above is subject, in particular, to subsection (5) and, where applicable, section 46 below.
(5) Regulations may direct that in prescribed cases or classes of cases any tax year shall be disregarded for the purpose of calculating N under subsection (4)(b) above, if it is a tax year after 5th April 1978 in which the pensioner—
(a) was credited with contributions or earnings under this Act by virtue of regulations under section 22(5) above, or
(b) was precluded from regular employment by responsibilities at home, or
(c) in prescribed circumstances, would have been treated as falling within paragraph (a) or (b) above,
but not so as to reduce the number of years below 20.
(6) For the purposes of subsections (1) and (2) above, the weekly equivalent of the amount of any surpluses shall be calculated by dividing that amount by 52 and rounding the result to the nearest whole penny, taking any 1/2p as nearest to the next whole penny.
(7) Where the amount falling to be rounded under subsection (6) above is a sum less than 1/2p, the amount calculated under that subsection shall be taken to be zero, notwithstanding any other provision of this Act or the Administration Act.
(8) The sums which are the weekly rate of the additional pension in a Category A retirement pension are subject to alteration by orders made by the Department under section 132 of the Administration Act.
(1) For the purpose of determining the additional pension falling to be calculated under section 45 above by virtue of section 33(3) above, the following definition shall be substituted for the definition of “N” in section 45(4)(b) above—
(i) in a case where the person entitled to the pension is a man, that number would be greater than 49; or
(ii) in a case where the person so entitled is a woman, that number would be greater than 44,
N = 49 or 44, as the case may be”.
(2) For the purpose of determining the additional pension falling to be calculated under section 45 above by virtue of section 39(1) or 41(4) above or section 50(3) below in a case where the deceased spouse died under pensionable age, the following definition shall be substituted for the definition of “N” in section 45(4)(b) above—
(i) in a case where the deceased spouse was a man, that number would be greater than 49, or
(ii) in a case where the deceased spouse was a woman, that number would be greater than 44,
N = 49 or 44, as the case may be”.
(1) Subject to section 61 below, the weekly rate of a Category A retirement pension shall be increased if the pensioner was entitled to an invalidity allowance in respect of—
(a) any day falling within the period of 8 weeks ending immediately before the day on which he attains pensionable age; or
(b) the last day before the beginning of that period;
and the increase shall, subject to subsection (2) below, be of an amount equal to the appropriate weekly rate of the invalidity allowance on that day.
(2) Where for any period the weekly rate of a Category A retirement pension includes an additional pension, for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under subsection (1) above and the pensioner shall be entitled to an increase under that subsection only if there is a balance remaining after that deduction and, if there is such a balance, of an amount equal to it.
(3) In subsection (2) above the “relevant amount” means an amount equal to the additional pension, reduced by the amount of any reduction in the weekly rate of the Category A retirement pension made by virtue of Article 31 of the Pensions Order.
(4) In this section any reference to an additional pension is a reference to that pension after any increase under section 52(3) below but without any increase under paragraphs 1 and 2 of Schedule 5 to this Act.
(5) In ascertaining for the purposes of subsection (1) above the rate of a pensioner’s invalidity allowance, regard shall be had to the rates in force from time to time.
(6) Regulations may provide that subsection (1) above shall have effect as if for the reference to 8 weeks there were substituted a reference to a larger number of weeks specified in the regulations.
(1) Where a person—
(a) has been married, and
(b) in respect of the tax year in which the marriage terminated or any previous tax year, does not with his own contributions satisfy the contribution conditions for a Category A retirement pension,
then, for the purpose of enabling him to satisfy those conditions (but only in respect of any claim for a Category A retirement pension), the contributions of his former spouse may to the prescribed extent be treated as if they were his own contributions.
(2) Subsection (1) above shall not apply in relation to any person who attained pensionable age before 6th April 1979 if the termination of his marriage also occurred before that date.
(3) Where a person has been married more than once this section applies only to the last marriage and the references to his marriage and his former spouse shall be construed accordingly.
(1) A woman who is or has been married, and has attained pensionable age, shall be entitled to a Category B retirement pension by virtue of the contributions of her husband; and the cases in which a woman is so entitled are those specified in subsections (2) to (5) below.
(2) The first case of entitlement is where the woman is married to that husband at the time when she attains pensionable age and—
(a) he also has attained pensionable age and has become entitled to a Category A retirement pension; and
(b) he satisfies the relevant contribution conditions.
(3) The second case of entitlement is where the woman marries after attaining pensionable age and—
(a) her husband has also attained pensionable age and has become entitled to a Category A retirement pension; and
(b) he satisfies the relevant contribution conditions.
(4) The third case of entitlement is where the woman’s husband is dead and his death was after she attained pensionable age, and—
(a) she was married to him when he died; and
(b) before his death he satisfied the relevant contribution conditions.
(5) The fourth case of entitlement is where the woman’s husband is dead and his death was before she attained pensionable age, and—
(a) she was a widow immediately before attaining pensionable age and is entitled (or is treated by regulations as entitled) to a widow’s pension; and
(b) she became entitled to the pension in consequence of the husband’s death.
(6) The relevant contribution conditions for the purposes of the first, second and third cases of entitlement are those specified in Schedule 3, Part I, paragraph 5.
(7) Subject to the provisions of this Act, a woman’s entitlement to a Category B retirement pension shall commence on the day on which the conditions of entitlement become satisfied in her case and shall continue throughout her life.
(8) A woman’s Category B retirement pension shall not be payable for any period falling before the day on which the pensioner’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(l) of the Administration Act.
(1) A woman’s Category B retirement pension—
(a) in the first and second cases of entitlement under section 49 above, shall—
(i) during any period in which the husband is alive, be payable at the weekly rate specified in Schedule 4, Part I, paragraph 5, and
(ii) during any period after he is dead, be payable at a weekly rate ascertained in accordance with subsection (3) below;
(b) in the third case of entitlement under that section, shall be payable at a weekly rate ascertained in accordance with subsection (3) below; and
(c) in the fourth case of entitlement under that section, shall be payable at the same weekly rate as her widow’s pension.
(2) In any case where—
(a) a woman would, apart from section 43(1) above, be entitled both to a Category A and to a Category B retirement pension, and
(b) subsection (1) of section 47 above would apply for the increase of the Category A retirement pension,
that subsection shall be taken as applying also for the increase of the Category B retirement pension, subject to reduction or extinguishment of the increase by the application of section 47(2) above or Article 31B(2) of the Pensions Order.
(3) The weekly rate referred to in paragraphs (a)(ii) and (b) of subsection (1) above for a woman’s Category B retirement pension shall be determined in accordance with the provisions of sections 44 and 45 above as they apply in the case of a Category A retirement pension, but subject, in particular—
(a) to section 46(2) above; and
(b) to subsections (4) and (5) below.
(4) In the application of sections 44 and 45 above by virtue of subsection (3) above—
(a) references in those sections to the pensioner shall be taken as references to the husband, and
(b) where, in the third case of entitlement under section 49 above, the husband was under pensionable age when he died, references in those sections to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the husband and the tax year in which he died.
(5) In the case of a widow whose husband dies after 5th April 2000, the additional pension falling to be calculated under sections 44 and 45 above by virtue of subsection (3) above shall be one half of the amount which it would be apart from this subsection.
(1) A man shall be entitled to a Category B retirement pension if—
(a) he has had a wife and she has died on or after 6th April 1979, and he was married to her when she died; and
(b) they were both over pensionable age when she died; and
(c) before her death she satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part I, paragraph 5.
(2) The weekly rate of a man’s Category B retirement pension under this section shall, subject to subsection (3) below, be determined in accordance with the provisions of sections 44 and 45 above as they apply in the case of a Category A retirement pension, taking references in those sections to the pensioner as references to the wife.
(3) In the case of a widower whose wife dies after 5th April 2000, the additional pension falling to be calculated under sections 44 and 45 above by virtue of subsection (2) above shall be one half of the amount which it would be apart from this subsection.
(4) Subject to the provisions of this Act, a man shall become entitled to a Category B retirement pension on the day on which the conditions of entitlement become satisfied in his case and his entitlement shall continue throughout his life.
(1) This section has effect where, apart from section 43(1) above, a person would be entitled both—
(a) to a Category A retirement pension; and
(b) to a Category B retirement pension—
(i) under section 49 above by virtue of the contributions of a husband who has died; or
(ii) under section 51 above.
(2) If by reason of a deficiency of contributions the basic pension in the Category A retirement pension falls short of the full amount, that basic pension shall be increased by the lesser of—
(a) the amount of the shortfall, or
(b) the amount of the basic pension in the rate of the Category B retirement pension,
“full amount” meaning for this purpose the sum specified in section 44(4) above as the weekly rate of the basic pension in a Category A retirement pension.
(3) If the additional pension in the Category A retirement pension falls short of the prescribed maximum, that additional pension shall be increased by the lesser of—
(a) the amount of the shortfall, or
(b) the amount of the additional pension in the Category B retirement pension.
(4) This section does not apply in any case where the death of the wife or husband, as the case may be, occurred before 6th April 1979 and the surviving spouse had attained pensionable age before that date.
(1) This section has effect where, apart from section 43(1) above, a married woman would be entitled both—
(a) to a Category A retirement pension; and
(b) to a Category B retirement pension by virtue of the contributions of her husband.
(2) If by reason of a deficiency of contributions the basic pension in the Category A retirement pension falls short of the weekly rate specified in Schedule 4, Part I, paragraph 5, that basic pension shall be increased by the lesser of—
(a) the amount of the shortfall, or
(b) the amount of the weekly rate of the Category B retirement pension.
(3) This section does not apply in any case where both the husband and wife attained pensionable age before 6th April 1979.
(1) Regulations may provide that in the case of a person of any prescribed description who—
(a) has become entitled to a Category A or Category B retirement pension but is, in the case of a woman, under the age of 65 or, in the case of a man, under the age of 70; and
(b) elects in such manner and in accordance with such conditions as may be prescribed that the regulations shall apply in his case,
this Part of this Act shall have effect as if that person had not become entitled to such a retirement pension.
(2) Regulations under subsection (1) above may make such modifications of the provisions of this Part of this Act, or of those of Part II of the Administration Act as those provisions apply in a case where a person makes an election under the regulations, as may appear to the Department necessary or expedient.
(3) Where a husband and wife have both become entitled to retirement pensions and—
(a) the husband’s pension is Category A; and
(b) the wife’s pension is—
(i) Category B by virtue of that husband’s contributions, or
(ii) Category A with an increase under section 53(2) above by virtue of that husband’s contributions,
the husband shall not be entitled to make an election in accordance with regulations made under subsection (1) above without the consent of the wife, unless that consent is unreasonably withheld.
(4) In any case where—
(a) a person claims a Category A or Category B retirement pension; and
(b) the date specified in the claim as the date on which entitlement to the pension is to commence falls after the date when the claim was made,
such a pension may be awarded as from the date so specified but, if so awarded, shall be conditional on the person’s not ceasing to be entitled to the pension in consequence of any election under subsection (1) above.
(1) Where a person’s entitlement to a Category A or Category B retirement pension is deferred, Schedule 5 to this Act shall have effect for increasing the rate of his pension.
(2) For the purposes of this Act, a person’s entitlement to a Category A or Category B retirement pension is “deferred” if and so long as he does not become entitled to that pension by reason only—
(a) that he has not satisfied the conditions of section 1 of the Administration Act (entitlement to benefit dependent on claim); or
(b) that, in the case of a woman’s Category B retirement pension by virtue of her husband’s contributions, her husband has not satisfied those conditions with respect to his Category A retirement pension;
and, in relation to any such pension, “period of deferment” shall be construed accordingly.
(1) Subject to the provisions of this Act (and in particular to those of section 81 below), a woman whose marriage has been terminated by divorce shall be entitled to a child’s special allowance at the weekly rate specified in Schedule 4, Part I, paragraph 6, if—
(a) the husband of that marriage is dead and satisfied the contribution condition for a child’s special allowance specified in Schedule 3, Part I, paragraph 6; and
(b) she is entitled to child benefit in respect of a child and either—
(i) she was so entitled immediately before that husband’s death; or
(ii) in such circumstances as may be prescribed, he was then so entitled; and
(c) either—
(i) that husband had before his death been contributing at not less than the prescribed weekly rate to the cost of providing for that child; or
(ii) at the date of that husband’s death she was entitled, under an order of a court, trust or agreement which she has taken reasonable steps to enforce, to receive (whether from that husband or from another person) payments in respect of that child at not less than that rate provided or procured by that husband.
(2) A child’s special allowance shall not be payable to a woman—
(a) for any period after her remarriage; or
(b) for any period during which she and a man to whom she is not married are living together as husband and wife.
(3) Where, apart from this subsection, a person is entitled to receive, in respect of a particular child, payment of an amount by way of a child’s special allowance, that amount shall not be payable unless one of the conditions specified in subsection (4) below is satisfied.
(4) Those conditions are—
(a) that the beneficiary would be treated for the purposes of Part IX of this Act as having the child living with him; or
(b) that the requisite contributions are being made to the cost of providing for the child.
(5) The condition specified in subsection (4)(b) above is to be treated as satisfied if, but only if—
(a) such contributions are being made at a weekly rate not less than the amount referred to in subsection (3) above—
(i) by the beneficiary; or
(ii) where the beneficiary is one of two spouses residing together, by them together; and
(b) except in prescribed cases, the contributions are over and above those required for the purpose of satisfying section 139(1)(b) below.
(6) A child’s special allowance shall not be payable for any period after 5th April 1987 except to a woman who immediately before 6th April 1987—
(a) satisfied the conditions set out in paragraphs (a) to (c) of subsection (1) above; and
(b) was not barred from payment of the allowance for either of the reasons mentioned in subsection (2) above,
and who has so continued since 6th April 1987.
(1) For the purposes of any provisions of this Act relating to unemployment benefit, sickness benefit or invalidity benefit—
(a) subject to the provisions of this Act, a day shall not be treated in relation to any person—
(i) as a day of unemployment unless on that day he is capable of work and he is, or is deemed in accordance with regulations to be, available to be employed in employed earner’s employment and that day falls in a week in which he is, or is deemed in accordance with regulations to be, actively seeking such employment; or
(ii) as a day of incapacity for work unless on that day he is, or is deemed in accordance with regulations to be, incapable of work by reason of some specific disease or bodily or mental disablement,
(“work”, in this paragraph, meaning work which the person can reasonably be expected to do);
(b) where a person is an employed earner and his employment as such has not been terminated, then in any week a day on which in the normal course that person would not work in that employment or in any other employed earner’s employment shall not be treated as a day of unemployment unless each other day in that week (other than the day referred to in paragraph (e) below) on which in the normal course he would so work is a day of interruption of employment;
(c) “day of interruption of employment” means a day which is a day of unemployment or of incapacity for work;
(d) the following periods, namely—
(i) any 2 days of unemployment, whether consecutive or not, within a period of 6 consecutive days,
(ii) any 4 or more consecutive days of incapacity for work,
shall be treated as a period of interruption of employment, and any 2 such periods not separated by a period of more than 8 weeks (“week” for this purpose meaning any period of 7 days) shall be treated as one period of interruption of employment;
(e) Sunday or such other day in each week as may be prescribed shall not be treated as a day of unemployment or of incapacity for work and shall be disregarded in computing any period of consecutive days.
(2) Any day which falls within the maternity allowance period as defined in section 35(2) above shall be treated for the purposes of any provision of this Act relating to unemployment benefit, sickness benefit or invalidity benefit as a day of incapacity for work unless the woman is disqualified for receiving a maternity allowance in respect of that day by virtue of regulations under section 35(3)(a) above.
(3) Regulations may—
(a) make provision (subject to subsections (1) and (2) above) as to the days which are or are not to be treated for the purposes of unemployment benefit, sickness benefit and invalidity benefit as days of unemployment or of incapacity for work;
(b) make provision with respect to—
(i) steps which a person is required to take in any week if he is to be regarded as actively seeking employed earner’s employment in that week;
(ii) the meaning of “week” in subsection (1)(a)(i) above or in any other provision relating to a person’s actively seeking employed earner’s employment;
(c) prescribe respective circumstances in which, for the purposes of subsection (1)(b) above—
(i) employment which has not been terminated may be treated as if it had been terminated; or
(ii) a day which falls in a period when an employed earner’s employment is suspended but does not fall to be so treated and which, apart from the regulations, would not fall to be treated as a day of interruption of employment may be treated as such a day.
(4) Where it has been determined that a person is to be deemed in accordance with regulations to be available for employment in employed earner’s employment in respect of any day, the question of his actual availability for such employment in respect of that day may be subsequently determined on a review of the determination as to his deemed availability.
(5) Where it has been determined that a person is to be deemed in accordance with regulations to be actively seeking employed earner’s employment in any week, the question of his actually doing so in that week may be subsequently determined on a review of the determination as to his deemed doing so.
(6) If regulations under paragraph (a) of subsection (3) above provide that for the purposes of unemployment benefit days falling in a post-employment period are not to be treated in relation to a person as days of unemployment, then, for the purpose of determining that period, the regulations may, in particular, make provision—
(a) for calculating or estimating the amount or value of any payment made, or goods or services provided, to or for that person by his employer;
(b) for calculating or estimating that person’s level of earnings in the employment in question during any period or for treating him as having such a level of earnings as may be prescribed; and
(c) for calculating or estimating the amount or value of any other sum which falls to be taken into account under the regulations.
(7) In subsection (6) above “post-employment period” means a period following the termination of a person’s employment and falling to be determined in accordance with the regulations by reference to the amount or value of payments made, or goods or services provided, to or for the person by his employer at the time of, or within a prescribed period before or after, the termination of the employment.
(8) Subsections (1) and (3) above shall, on and after such day as the Department may by order appoint, have effect—
(a) with the substitution for paragraph (b) of subsection (1) of the following paragraph—
(i) Sunday or such other day in each week as may have been prescribed under paragraph (e) of this subsection,
(ii) any day of recognised or customary holiday in connection with the suspended employment,
(iii) such other day or days as may be prescribed;”; and
(b) with the substitution for paragraph (c) of subsection (3) of the following paragraph—
(i) as having been or, as the case may be, as not having been terminated, or
(ii) as having been or, as the case may be, as not having been suspended.”.
(9) Regulations may provide—
(a) that paragraph (d) of subsection (1) above shall have effect as if for the reference to 8 weeks there were substituted a reference to a larger number of weeks specified in the regulations; and
(b) that sub-paragraph (ii) of that paragraph shall have effect in such cases as may be specified in the regulations, as if—
(i) the period of 4 days mentioned there were such lesser period as may be specified; and
(ii) the word “consecutive” were omitted.
(10) Regulations under subsection (9)(b) above may be made to have effect from such date, not earlier than 14th September 1980, as may be specified in the regulations.
(1) In determining for the purposes of any of the provisions of this Part of this Act which relate to sickness benefit or invalidity benefit whether any day is to be treated as a day of incapacity for work in relation to a person, there shall be disregarded any work which that person has undertaken, or is capable of undertaking, as a councillor.
(2) Where the net amount of councillor’s allowance to which a person is entitled in respect of any week exceeds the permitted earnings limit, an amount equal to the excess shall be deducted from the amount of any sickness benefit or invalidity benefit to which he is entitled in respect of that week, and only the balance remaining (if any) shall be payable.
(3) In determining whether a person satisfies the conditions of entitlement for any such benefit, he shall be treated as having been incapable of work on any day which falls in the pre-commencement period and which—
(a) would have been treated as a day on which he was so incapable, were there disregarded any work which he undertook (or was capable of undertaking) as a councillor; but
(b) would not have been so treated apart from this subsection.
(4) In this section—
“councillor” means a member of a district council;
“councillor’s allowance” means such payments for or in connection with the work which a person undertakes as a councillor as the Department may prescribe for the purposes of this section; and where any such payments are made otherwise than weekly, an amount calculated or estimated in accordance with regulations shall be regarded as the weekly amount of the payments;
“net amount”, in relation to any councillor’s allowance to which a person is entitled, means the aggregate amount of the councillor’s allowance or allowances to which he is entitled for the week in question, reduced by the amount of any expenses incurred by him in that week in connection with his membership of the council or councils in question;
“permitted earnings limit” means the amount specified in regulation 3(3) of the [S.R. (N.I.) 1984 No. 245.] Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations (Northern Ireland) 1984;
“pre-commencement period” means the [S.I. 1989/1342 (N.I. 13).] period beginning with 11th May 1987 and ending immediately before 9th October 1989 (the coming into operation of paragraph 2 of Schedule 8 to the Social Security (Northern Ireland) Order 1989 which made provision corresponding to the provision made by this section).
(5) Any reference in this section to the work which a person undertakes, or is capable of undertaking, as a councillor shall be taken to include a reference to any work which he undertakes, or is capable of undertaking, as a member of any body established under any statutory provision of which he is a member by virtue of his being a councillor.
(1) Regulations may provide for disqualifying a person for receiving invalidity benefit for such period not exceeding 6 weeks as may be determined in accordance with Part II of the Administration Act if—
(a) he has become incapable of work through his own misconduct; or
(b) he fails without good cause to attend for, or to submit himself to, such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.
(2) Regulations may also provide for imposing, in the case of any prescribed category of persons—
(a) additional conditions with respect to the receipt of invalidity benefit; and
(b) restrictions on the rate and duration of invalidity benefit,
if, having regard to special circumstances, it appears to the Department necessary to do so for the purpose of preventing inequalities, or injustice to the general body of employed earners, or of earners generally, as the case may be.
(3) For the purposes of this section “week” means any period of 7 days.
Social Security Contributions and Benefits (Northern Ireland) Act 1992