Paragraph 2 I1

Northern Ireland

(1)

Where—

(a)

the deceased died while entitled to a pension other than a deferred pension; and

(b)

a surviving spouse’s or civil partner’s ordinary pension is payable; and

(c)

in respect of any week the survivor’s benefit rate would otherwise exceed the final pension rate,

any children’s ordinary allowances calculated in accordance with paragraph 1 shall be reduced by the factor necessary to secure that the survivors’ benefit rate equals the final pension rate.

(2)

The survivors’ benefit rate is the aggregate of the rates of the spouse’s or civil partner’s ordinary pension and the children’s ordinary allowances calculated in accordance with paragraph 1, and the final pension rate is the rate at which the deceased’s pension was last payable, disregarding any reduction in it except a reduction under article 18(10) (commutation) or article 20(9) (allocation).

Annotations

Commencement

I1: Sch. 4 Pt. 1 para. 2 in operation at 1.4.2006, see art. 1(2)