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The Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations (Northern Ireland) 2005

S.R. 2005/496 · Made 10 November 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL SECURITY

Made 10th November 2005

Coming into operation 5th December 2005

The Department for Social Development, in exercise of the powers conferred by Articles 49(1) and (2) and 73(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999f1, and now vested in itf2, and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1999/3147 (N.I. 11); Article 49(1) was amended by section 35(4)(a) of the Child Support Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)) and paragraph (2) was amended by paragraph 20 of Schedule 9 to the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)) and paragraph 27 of the Schedule to S.R. 2005 No. 434

f2

See Article 8(b) of S.R. 1999 No. 481

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security (Inherited SERPS) Regulations
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations (Northern Ireland) 2005 and shall come into operation on 5th December 2005.

2Amendment of the Social Security (Inherited SERPS) Regulations

(1)

The Social Security (Inherited SERPS) Regulations (Northern Ireland) 2001f1 shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 2 (modification of Part II of the Contributions and Benefits Act)—

(a)

in paragraph (1)—

(i)

after “becomes widowed” there shall be inserted “or a surviving civil partner”,

(ii)

for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”, and

(iii)

after “spouse” there shall be inserted “or civil partner”;

(b)

in paragraph (2), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

(c)

in paragraph (3)(f), after “spouse” there shall be inserted “or civil partner”; and

(d)

in paragraph (4)f2, after “widowed person's” there shall be inserted “or surviving civil partner's”.

(3)

In the Schedule—

(a)

in the headingf3, after “widowed person's” there shall be inserted “or surviving civil partner's”; and

(b)

in column 1 (description of person), for “widow or widower” (in each place where it occurs) there shall be substituted “widow, widower or surviving civil partner”.

Signature

Sealed with the Official Seal of the Department for Social Development on 10th November 2005

L.S.

John O'Neill

A senior officer of the

Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations extend the provisions of the Social Security (Inherited SERPS) Regulations (Northern Ireland) 2001 (“the 2001 Regulations”) to surviving civil partners.

Regulation 1 provides for the citation and commencement of the Regulations.

Regulation 2 makes provision for a surviving civil partner, whose civil partner dies on or after 5th December 2005, to receive an increase in the rate of the additional (earnings related) pension under the State Earnings Related Pensions Scheme (SERPS) in the same way as a widower. It also extends to surviving civil partners the provisions in the 2001 Regulations relating to the proportion of the additional pension used in the calculation of inheritable increments or a lump sum.