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Section 61ZC Entitlement to more than one pension: sections 61ZA and 61ZBF1

(1)

Section 43 does not prevent a person from being entitled for the same period to both—

(a)

a Category A retirement pension because of section 61ZA, and

(b)

one Category B retirement pension.

(2)

Section 43 does not prevent a person from being entitled for the same period to both—

(a)

a Category A retirement pension, and

(b)

one Category B retirement pension because of section 61ZB (or, if there is more than one such Category B retirement pension, the most favourable of them).

(3)

Accordingly—

(a)

in section 43(2)(a) the reference to “a Category A or a Category B retirement pension”, in a case in which subsection (1) or (2) of this section applies, includes “a Category A and a Category B retirement pension”,

(b)

in sections 43(3)(a) and (aa), 51A and 52 “Category A retirement pension” does not include a pension to which a person is entitled because of section 61ZA, and

(c)

in sections 43(3)(a) and 52 “Category B retirement pension” does not include a pension to which a person is entitled because of section 61ZB.

Annotations

Textual amendments

F1

Ss. 61ZA-61ZC inserted (12.10.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 15 para. 6; S.R. 2015/329, art. 2(3)

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)