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Article 4 Amendment of the Social Security (Overlapping Benefits) RegulationsI1

Northern Ireland

(1)

The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 2(1) (interpretation)—

(a)

in the definition of “shared additional pension”f2 after “section 55A” insert “or 55AA”;

(b)

after the definition of “war pension death benefit” insert—

  • ““widowed mother’s allowance” means an allowance referred to in section 37 of the Contributions and Benefits Act (widowed mother’s allowance);”; and

(c)

after the definition of “widowed parent’s allowance”f3 insert—

  • ““widow’s pension” means a pension referred to in section 38 of the Contributions and Benefits Act (widow’s pension).”.

(3)

In regulation 4f4 (adjustment of certain personal benefits where certain other personal benefits are payable)—

(a)

in paragraph (1)(a) after “the Welfare Reform Act” insert “, Part 1 of the Pensions Act (Northern Ireland) 2015”;

(b)

in paragraph (2)(f)f5 for “paragraph (4)” substitute “paragraphs (4) and (4A)”;

(c)

in paragraph (4)f6 at the beginning insert “Except where paragraph (4A) applies,”; and

(d)

after paragraph (4) insert—

“(4A)

Where the person is entitled to additional pension, a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 and either widow’s pension or widowed mother’s allowance, paragraph (1) shall require the adjustment of additional pension.”.

(4)

In Schedule 1 (personal benefits which are required to be adjusted by certain benefits)—

(a)

in column (1)f7 (personal benefit), after paragraph 4 insert—

“4A.

State pension under Part 1 of the Pensions Act (Northern Ireland) 2015”; and

(b)

in column (2) (other personal benefit by reference to which the benefit in column (1) is to be adjusted), after paragraph 4 insert—

“4A.

Unemployability supplement and training allowance”.

Annotations

Commencement

I1

Art. 4 in operation at 6.4.2016, see art. 1(b)

Footnotes

f1

S.R. 1979 No. 242; relevant amending instruments are S.I. 1986 No. 1888 (N.I. 18); S.R. 1992 No. 557; S.R. 1996 No. 289; S.R. 2001 No. 108; S.R. 2005 No. 299; S.R. 2008 No. 286 and S.I. 2013/3021

f2

The definition of “shared additional pension” was inserted by regulation 4(b) of S.R. 2005 No. 299

f3

The definition of “widowed parent’s allowance” was inserted by regulation 7(2)(b) of S.R. 2001 No. 108

f4

Regulation 4(1) was substituted by regulation 3 of S.R. 1992 No. 557, amended by regulation 11(3) of S.R 1996 No. 289 and sub-paragraph (a) was amended by regulation 9(3) of S.R. 2008 No. 286

f5

Paragraph (2)(f) was amended by Article 19(1)(b) of S.I. 1986/1888 (N.I. 18))

f6

Paragraph (4) was amended by Article 19(1)(b) of S.I. 1986/1888 (N.I. 18))

f7

Column 1 of Schedule 1 was amended by Article 13(5)(a) of S.I. 2013/3021; paragraph 4 of column 1 has amendments not relevant to these Regulations