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The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2016

S.R. 2016/25 · Made 28 January 2016

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.

Pensions

Made 28th January 2016

Coming into operation in accordance with Article 1

The Department for Social Development makes the following Order in exercise of the powers conferred by section 50 of the Pensions Act (Northern Ireland) 2015f1.

Annotations to the whole text

Footnotes

f1

2015 (c. 5 (N.I.))

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Health and Personal Social Services (Injury Benefits) Regulations
  3. 3Amendment of the Employment Equality (Age) Regulations
  4. 4Amendment of the Provision of Health Services to Persons Not Ordinarily Resident Regulations
  5. 5Amendment of the Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order
  6. Signature
  7. Explanatory note

1Citation and commencement

This Order may be cited as the Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2016 and shall come into operation—

(a)

for the purposes of this Article and Article 5 on 29th February 2016, and

(b)

for all other purposes on 6th April 2016.

2Amendment of the Health and Personal Social Services (Injury Benefits) Regulations

In regulation 2(1) (interpretation) of the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001f1 in the definition of “relevant pension scheme”—

(a)

after “Contributions and Benefits (Northern Ireland) Act 1992” insert “or any amount by which the rate of a person’s state pension under section 4 of the Pensions Act (Northern Ireland) 2015 exceeds the full rate of the state pension (“excess amount”)”;

(b)

in paragraph (a) after “additional pension” insert “or excess amount”.

3Amendment of the Employment Equality (Age) Regulations

In Schedule 1 (pension schemes) to the Employment Equality (Age) Regulations (Northern Ireland) 2006f1—

(a)

after paragraph 7(b)(iii)f2 (admission to schemes) insert—

“; or

(iv)

does not exceed an amount calculated more or less to reflect the amount of the state pension under Part 1 of the Pensions Act (Northern Ireland) 2015.”;

(b)

in paragraph 16(1)(b)f3 (age related rules, practices, actions and decisions relating to benefit) after “additional state retirement pension” insert “or the state pension under Part 1 of the Pensions Act (Northern Ireland) 2015”;

(c)

in paragraph 16(1)(c) after “additional state retirement pension” insert “or the state pension under Part 1 of the Pensions Act (Northern Ireland) 2015”;

(d)

after paragraph 23(c)f4 (other rules, practices, actions and decisions relating to benefit) insert—

“, or

(d)

does not exceed an amount calculated more or less to reflect the amount of the state pension under Part 1 of the Pensions Act (Northern Ireland) 2015.”.

4Amendment of the Provision of Health Services to Persons Not Ordinarily Resident Regulations

In the Provision of Health Services to Persons Not Ordinarily Resident Regulations (Northern Ireland) 2015f1—

(a)

in regulation 14(a) (visitors exempt from charges – long term visits by United Kingdom pensioners) after “Benefits Act 1992” insert “or a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 or Part 1 of the Pensions Act 2014f2”;

(b)

in regulation 21(1)(a) (visitors exempt from charges for treatment the need for which arose during the visit only) after “Benefits Act 1992” insert “or a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 or Part 1 of the Pensions Act 2014”.

5Amendment of the Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order

In Article 1(b) (commencement) of the Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2015f1 in the second place where it occurs for “2016” substitute “2015”.

Signature

Sealed with the Official Seal of the Department for Social Development on 28th January 2016

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Order)

The Pensions Act (Northern Ireland) 2015 creates a new state pension for people reaching pensionable age on or after 6th April 2016. This Order makes consequential, supplementary and incidental amendments to provisions of secondary legislation.

Articles 2 to 4 insert references into—

  • the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001;

  • the Employment Equality (Age) Regulations (Northern Ireland) 2006, and

  • the Provision of Health Services to Persons Not Ordinarily Resident Regulations (Northern Ireland) 2015,

which currently refer to the old state pension so as to include references to the new state pension.

Article 5 amends the Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2015 to clarify the commencement provisions of that Order.