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Paragraph 7 C1

Northern Ireland

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

(F11)

For the purposes of F2paragraphs 5 to 6A above, the “appropriate amount” means the greater of—

(a)

the amount by which the deceased person’s Category A or Category B retirement pension had been increased F3by virtue of section 132 of the Administration Act corresponding to an order by virtue of section 150(1)(e) of the Great Britain Administration Act; or

(b)

the amount by which his Category A or Category B retirement pension would have been so increased had he died immediately before his surviving spouse F4or civil partner became entitled to a Category A or Category B retirement pension.

(2)

Where an amount is required to be calculated in accordance with the provisions of F5paragraph 5, 5A, 6 or 6A or sub-paragraph (1) above—

(a)

the amount so calculated shall be rounded to the nearest penny, taking any 1/2p as nearest to the next whole penny above; and

(b)

where the amount so calculated would, apart from this sub-paragraph, be a sum less than 1/2p, that amount shall be taken to be zero, notwithstanding any other provision of this Act, the F6Pensions Act or the Administration Act.

F7(3)

For the purposes of paragraphs 5, 5A and 6A above, a woman falls within this sub-paragraph if—

(a)

she was married to another woman who, at the time of her death, was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)

that marriage subsisted before the time when that certificate was issued.

Annotations

Textual amendments

F1

Sch. 5 para. 7 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)

F2

Words in Sch. 5 para. 7(1) substituted (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(i)(i)(aa)

F3

Words in Sch. 5 para. 7(1)(a) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 para. 40; S.R. 1994/450, art. 2, Sch. Pt. IV

F4

Words in Sch. 5 para. 7(1)(b) 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(i)(i)(bb)

F5

Words in Sch. 5 para. 7(2) substituted (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(i)(ii)

F6

Words in Sch. 5 para. 7(2)(b) substituted (7.2.1994) by 1993 c. 49, ss. 184, 186(2), Sch. 7 para. 36(d); S.R. 1994/17, art. 2

F7

Sch. 5 para. 7(3) inserted (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)(g) (with regs. 6-9)

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)