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Paragraph 5A C1F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(F21)

This paragraph applies where W (referred to in paragraph 5 above) is a F3woman—

(a)

whose deceased spouse was a man, or

(b)

who falls within paragraph 7(3) below.

(2)

Where the F4spouse dies before F56th October 2002, the amounts referred to in paragraph 5(2)(a) above are the following—

(a)

an amount equal to one-half of the increase mentioned in paragraph 5(1)(b) above,

(b)

the appropriate amount, and

(c)

an amount equal to any increase to which the spouse had been entitled under paragraph 5 above.

(3)

Where the F6spouse dies after 5th October 2002, the amounts referred to in paragraph 5(2)(a) above are the following—

(a)

one-half of the appropriate amount F7... , and

(b)

one-half of any increase to which the spouse had been entitled under paragraph 5 above.

Annotations

Textual amendments

F1

Sch. 5 paras. 5, 5A, 6 substituted (16.12.1995) for Sch. 5 paras. 5 and 6 by S.I. 1995/3213 (N.I. 22), arts. 1, 123, Sch. 2 para. 18(15)(16)

F2

Sch. 5 para. 5A omitted (7.6.2012 for specified purposes) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), ss. 3(5), 34(3) (with s. 3(7)); S.R. 2012/233, art. 2(2)(c)

F3

Words in Sch. 5 para. 5A(1) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 66(18)(b) (with regs. 6-9)

F4

Word in Sch. 5 para. 5A(2) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 66(18)(c) (with regs. 6-9)

F5

Words in Sch. 5 para. 5A(2)(3) substituted (retrospectively) by virtue of 2000 c. 4 (N.I.), s. 35(1)(2)(c)

F6

Word in Sch. 5 para. 5A(3) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 66(18)(c) (with regs. 6-9)

F7

Words in Sch. 5 para. 5A(3)(a) omitted (with effect in accordance with s. 5(3)-(5) of the amending Act) by virtue of Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 1 para. 20

Modifications

C1

Sch. 5 paras. 4-7 modified (6.10.2002) by S.R. 2001/441, art. 2

Notes on Schedule 5

Textual amendments

F1

Sch. 5 heading substituted (17.2.2005 for specified purposes, 6.4.2005 in so far as not already in force) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255), art. 1(4), Sch. 9 para. 2

Modifications

C1

Sch. 5 modified (temp. from 1.12.1999 until 5.10.2002) by The Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), arts. 1(4)(b), 49(7)(b) (the temp. modification lapsing on the coming into operation of S.R. 2001/441)

C2

Sch. 5 modified (6.4.2005) by The Social Security (Retirement Pensions etc.) (Transitional Provisions) Regulations (Northern Ireland) 2005 (S.R. 2005/123), regs. 1(1), 2

C3

Sch. 5: sums amended (coming into force in accordance with art. 1(2)(3)(a), 7 of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2026 (S.R. 2026/59), arts. 1(1)(c), 4(4)(b)

Notes on Increase of pension where pensioner’s deceased spouse or civil partner has deferred entitlement

Textual amendments

F1

Words in Sch. 5 para. 4 cross-heading inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 (S.R. 2005/434), art. 1(3), Sch. para. 6(f)(i)