Regulation 2 Amendment of the 1966 ActI1

for subsection (4)^f2 there shall be substituted the following subsections –

“(4)

Where a person’s entitlement to graduated retirement benefit is deferred –

(a)

Schedule 2 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978^f3; and

(b)

Schedule 1 to the 2005 Regulations,

shall have effect and both those Schedules shall be construed and have effect as if they were part of this subsection.

(4A)

For the purposes of subsection (4) a person’s entitlement to graduated retirement benefit is deferred where –

(a)

he would be entitled to a Category A or Category B retirement pension but for the fact that his entitlement is deferred within the meaning in section 55(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f4, if and so long as his entitlement to such a pension is deferred;

(b)

he is treated under subsection (7) as receiving a Category A or a Category B retirement pension at a nominal weekly rate, if and so long as he does not become entitled to graduated retirement benefit by reason only of not satisfying the conditions in section 1 of the Social Security Administration (Northern Ireland) Act 1992 (entitlement to benefit dependent on claim),

and in relation to graduated retirement benefit, “period of deferment” shall be construed accordingly.”.

in subsection (8) after the definition of “the Act” there shall be inserted the following definition –

• ““the 2005 Regulations” means the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005;”.