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Section 55 Pension increase or lump sum where entitlement to retirement pension is deferredF1

Northern Ireland

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

(1)

Where a person's entitlement to a Category A or Category B retirement pension is deferred, Schedule 5 to this Act has effect.

(2)

In that Schedule—

  • paragraph A1 makes provision enabling an election to be made where the pensioner's entitlement is deferred

  • paragraphs 1 to 3 make provision about increasing pension where the pensioner's entitlement is deferred

  • paragraphs 3A and 3B make provision about lump sum payments where the pensioner's entitlement is deferred

  • paragraph 3C makes provision enabling an election to be made where the pensioner's deceased spouse F2or civil partner has deferred entitlement

  • paragraphs 4 to 7 make provision about increasing pension where the pensioner's deceased spouse or civil partner has deferred entitlement

  • paragraphs 7A and 7B make provision about lump sum payments where the pensioner's deceased spouse or civil partner has deferred entitlement

  • paragraphs 7C to 9 make supplementary provision.

(3)

For the purposes of this Act a person's entitlement to a Category A or Category B retirement pension is deferred if and so long as that person—

(F3a)

does not become entitled to that pension by reason only of not satisfying the conditions of section 1 of the Administration Act (entitlement to benefit dependent on claim), or

(b)

in consequence of an election under section 54(1) above, falls to be treated as not having become entitled to that pension,

and, in relation to any such pension, “period of deferment” shall be construed accordingly.

Annotations

Textual amendments

F1

S. 55 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), arts. 1(4), 273(1)

F2

Words in s. 55(2) 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. 4(a)

F3

S. 55(3)(a) substituted (6.4.2010) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 2(5), Sch. 1 para. 7

Notes on Part II

Modifications

C1

Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).

C2

Pt. II (ss. 20-62): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a).

C3

Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)

C4

Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)