Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2011

Citation and commencement

1.—(1) These Regulations may be cited as the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2011.

(2) Regulations 3(2) and (3), 4 and this regulation shall come into operation on 5th April 2011.

(3) The other provisions of these Regulations shall come into operation on 6th April 2011.

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations

2.—(1) Regulation 4 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979(3) (days to be treated as days of increment) is amended in accordance with paragraphs (2) and (3).

(2) In paragraph (1)—

(a)in sub-paragraph (b)(iii)(4) for “and” substitute “or”;

(b)after sub-paragraph (b)(iii) insert—

“(iv)state pension credit under section 1 of the State Pension Credit Act (Northern Ireland) 2002(5); and”;

(c)after sub-paragraph (d)(6) add—

“; and

(e)in the case of a person who was a member of a couple, the other member of the couple was not in receipt of—

(i)income support under section 123 of the Contributions and Benefits Act;

(ii)income-based jobseeker’s allowance under Article 3 of the Jobseekers (Northern Ireland) Order 1995(7);

(iii)state pension credit under section 1 of the State Pension Credit Act (Northern Ireland) 2002; or

(iv)income-related employment and support allowance under section 1 of the Welfare Reform Act (Northern Ireland) 2007(8).”.

(3) After paragraph (4)(9) add—

“(5) In paragraph (1), “couple” has the meaning given by section 133(1) of the Contributions and Benefits Act(10).”.

(4) This regulation applies only in respect of a day falling on or after 6th April 2011.

Amendment of the Social Security (Deferral of Retirement Pensions) Regulations

3.—(1) The Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005(11) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation), after the definition of the “Contributions and Benefits Act” insert—

““the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(12).”.

(3) For regulation 2 (beginning of accrual period), substitute—

“2.—(1) This regulation applies for the purposes of paragraphs 3B and 7B of Schedule 5 and paragraph 5 of Schedule 5A to the Contributions and Benefits Act (calculation of lump sum).

(2) In the case of a retirement pension or shared additional pension to which regulation 22 of the Claims and Payments Regulations(13) (long term benefits) applies, the accrual period shall begin with the day of the week on which benefit would have been payable had entitlement not been deferred.

(3) In the case of a retirement pension to which regulation 22C of the Claims and Payments Regulations(14) (retirement pension for persons reaching pensionable age on or after 6th April 2010) applies, the accrual period shall begin with the first day of the benefit week in relation to which benefit would have been payable had entitlement not been deferred.

(4) In this regulation, “benefit week” has the same meaning as in regulation 22D of the Claims and Payments Regulations(15) (payment of retirement pension at a daily rate).”.

(4) In regulation 3 (amount of retirement pension not included in the calculation of the lump sum)—

(a)in paragraph (1)—

(i)in sub-paragraph (a) after head (iii) insert—

“(iv)state pension credit under section 1 of the State Pension Credit Act (Northern Ireland) 2002;”;

(ii)after sub-paragraph (a) insert—

“(aa)in the case of a deferrer who was a member of a couple, the other member of the couple was in receipt of—

(i)income support under section 123 of the Contributions and Benefits Act;

(ii)income-based jobseeker’s allowance under Article 3 of the Jobseekers (Northern Ireland) Order 1995;

(iii)state pension credit under section 1 of the State Pension Credit Act (Northern Ireland) 2002; or

(iv)income-related employment and support allowance under section 1 of the Welfare Reform Act (Northern Ireland) 2007;”.

(b)in paragraphs (2) and (4) after “paragraph (1)(a)” insert “or (aa)”.

(c)after paragraph (5) insert—

“(5A) In paragraph (1), “couple” has the meaning given by section 133(1) of the Contributions and Benefits Act.”.

(5) Paragraph (4) applies only in respect of an accrual period, or part...