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Section 55C Pension increase or lump sum where entitlement to shared additional pension is deferredF1

Northern Ireland

(1)

Where a person's entitlement to a shared additional pension is deferred, Schedule 5A to this Act has effect.

(2)

In that Schedule—

  • paragraph 1 makes provision enabling an election to be made where the person's entitlement is deferred

  • paragraphs 2 and 3 make provision about increasing pension where the person's entitlement is deferred

  • paragraphs 4 and 5 make provision about lump sum payments where the person's entitlement is deferred.

(3)

For the purposes of this Act, a person's entitlement to a shared additional pension is deferred—

(a)

where he would be entitled to a Category A or Category B retirement pension but for the fact that his entitlement is deferred, if and so long as his entitlement to such a pension is deferred, and

(b)

otherwise, if and so long as he does not become entitled to the shared additional pension by reason only of not satisfying the conditions of section 1 of the Administration Act (entitlement to benefit dependent on claim),

and, in relation to a shared additional pension, “period of deferment” shall be construed accordingly.

Annotations

Textual amendments

F1

S. 55C 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(2)

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)

Notes on Shared additional pension

Textual amendments

F1

Ss. 55A-55C and cross-heading inserted (1.12.2000) by S.I. 1999/3147 (N.I. 11), art. 47(1), Sch. 6 para. 3; S.R. 2000/133, art. 2(3), Sch. Pt. IV