Welfare Reform and Pensions (Northern Ireland) Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/3147

1999 No. 3147 (N.I. 11)

NORTHERN IRELAND

The Welfare Reform and Pensions (Northern Ireland) Order 1999

24thNovember 1999

25thNovember 1999

PART I

INTRODUCTORY

1.

Title and commencement.

2.

Interpretation.

PART II

STAKEHOLDER PENSION SCHEMES

3.

Meaning of "stakeholder pension scheme".

4.

Registration of stakeholder pension schemes.

5.

Duty of employers to facilitate access to stakeholder pension schemes.

6.

Obtaining information with respect to compliance with Article 5 and corresponding legislation in Great Britain.

7.

Powers of inspection for securing compliance with Article 5 and corresponding legislation in Great Britain.

8.

Application of certain statutory provisions.

9.

Interpretation and application of Part II.

PART III

PENSIONS: GENERAL

Payments by employers to pension schemes

10.

Monitoring of employers' payments to personal pension schemes.

11.

Late payments by employers to occupational pension schemes.

Pensions and bankruptcy

12.

Effect of bankruptcy on pension rights: approved arrangements.

13.

Effect of bankruptcy on pension rights: unapproved arrangements.

14.

No forfeiture on bankruptcy of rights under pension schemes.

15.

Excessive pension contributions made by persons who have become bankrupt.

Miscellaneous

16.

Compensating occupational pension schemes.

17.

Miscellaneous amendments.

PART IV

PENSIONS ON DIVORCE ETC.

18.

Pension sharing orders.

19.

Amendments of Articles 27B to 27D of the Matrimonial Causes Order.

20.

Extension to overseas divorces etc.

Miscellaneous

21.

Supply of pension information in connection with divorce etc.

22.

Charges by pension arrangements in relation to earmarking orders.

23.

Interpretation of Part IV.

PART V

PENSION SHARING

CHAPTER I

SHARING OF RIGHTS UNDER PENSION ARRANGEMENTS

Pension sharing mechanism

24.

Scope of mechanism.

25.

Activation of pension sharing.

26.

Creation of pension debits and credits.

27.

Cash equivalents.

Pension debits

28.

Reduction of benefit.

29.

Effect on contracted-out rights.

Pension credits

30.

Time for discharge of liability.

31.

"Implementation period".

32.

Mode of discharge of liability.

Treatment of pension credit rights under schemes

33.

Safeguarded rights.

34.

Requirements relating to pension credit benefit.

35.

Treatment in winding up.

Indexation

36.

Public service pension schemes.

37.

Other pension schemes.

Charges by pension arrangements

38.

Charges in respect of pension sharing costs.

Adaptation of statutory schemes

39.

Extension of scheme-making powers.

40.

Power to extend judicial pension schemes.

Supplementary

41.

Disapplication of restrictions on alienation.

42.

Information.

43.

Interpretation of Chapter I.

CHAPTER II

SHARING OF STATE SCHEME RIGHTS

44.

Shareable state scheme rights.

45.

Activation of benefit sharing.

46.

Creation of state scheme pension debits and credits.

47.

Effect of state scheme pension debits and credits.

48.

Interpretation of Chapter II.

PART VI

WELFARE

CHAPTER I

SOCIAL SECURITY BENEFITS

Additional pensions

49.

Preservation of rights in respect of additional pensions.

State maternity allowance

50.

Extension of entitlement to state maternity allowance.

Benefits for widows and widowers

51.

Bereavement payments.

52.

New allowances for bereaved spouses.

53.

Entitlement to Category B retirement pension by reference to new allowances.

Work-focused interviews

54.

Claim or full entitlement to certain benefits conditional on work-focused interview.

55.

Optional work-focused interviews.

Jobseeker's allowance

56.

Couples to make joint claim for allowance.

57.

Special schemes for claimants for jobseeker's allowance.

Incapacity for work

58.

Incapacity for work: personal capability assessments.

Incapacity benefits

59.

Incapacity benefit: restriction to recent contributors.

60.

Incapacity benefit: reduction for pension payments.

61.

Incapacity benefit: persons incapacitated in youth.

62.

Abolition of severe disablement allowance.

Disability benefits

63.

Attendance allowance.

64.

Disability living allowance.

Miscellaneous

65.

Certain overpayments of benefit not to be recoverable.

66.

Child benefit: claimant to state national insurance number.

67.

Welfare benefits: miscellaneous amendments.

Supplementary

68.

Sharing of functions as regards claims and information.

69.

Supply of information for certain purposes.

CHAPTER II

OTHER WELFARE PROVISIONS

70.

Measures to reduce under-occupation by housing benefit claimants.

71.

Supply of information for child support purposes.

PART VII

GENERAL

Miscellaneous

72.

Authorisation of certain expenditure.

Supplementary

73.

Regulations and orders.

74.

Consequential amendments etc.

75.

Transitional provisions.

76.

Repeals.

SCHEDULES:

Schedule 1 -

Application of the Pension Schemes Act and the Pensions Order to registered schemes.

Schedule 2 -

Pensions: miscellaneous amendments.

Schedule 3 -

Pension sharing orders.

Schedule 4 -

Amendments of Articles 27B to 27D of the Matrimonial Causes Order.

Schedule 5 -

Pension credits: mode of discharge.

Schedule 6 -

Effect of state scheme pension debits and credits.

Schedule 7 -

Joint claims for jobseeker's allowance.

Schedule 8 -

Welfare benefits: minor and consequential amendments.

Part I -

Bereavement benefits.

Part II -

Incapacity

Part III -

Abolition of severe disablement allowance.

Part IV -

Income support.

Part V -

Jobseeker's allowance.

Part VI -

Maternity allowance.

Part VII -

Retirement pensions.

Part VIII -

Administration of benefits.

Schedule 9 -

Consequential amendments.

Part I -

Amendments consequential on Parts IV and V.

Part II -

Other consequential amendments.

Schedule 10 -

Repeals.

Part I -

Pensions: Miscellaneous.

Part II -

Pensions on divorce etc.

Part III -

Pension sharing.

Part IV -

Abolition of severe disablement allowance.

Part V -

Benefits: Miscellaneous.

At the Court at Buckingham Palace, the 24th day of November 1999

Present,

The Queen's Most Excellent Majesty in Council

Whereas this Order is made only for purposes corresponding to those 1999 c. of the Welfare Reform and Pensions Act 1999:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to theNorthern Ireland Act 1974 (as modified by section 87 of the said Act of 1999) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: -

PART I

INTRODUCTORY

Title and commencement

1. - (1) This Order may be cited as the Welfare Reform and Pensions (Northern Ireland) Order 1999.

(2) Subject to the following provisions of this Article, this Order shall come into operation on such day or days as the Department may by order appoint.

(3) The following provisions shall come into operation on such day or days as the Lord Chancellor may by order appoint -

(a) Articles 18, 19 and 20;(b) Article 74(1) so far as relating to paragraphs 1 to 3 and 52 of Schedule 9;(c) Article 75(3) and (4); and(d) Article 76 so far as relating to the entries in Part II of Schedule 10.

(4) The following provisions come into operation on the seventh day after the day on which this Order is made -

(a) this Article and Article 2;(b) Articles 49, 54, 55, 57, 65 and 68;(c) Article 67 so far as relating to Part V of Schedule 8;(d) Article 69;(e) Articles 70 to 73;(f) Article 74(1) so far as relating to paragraphs 55 to 59 and 61 of Schedule 9;(g) Article 74(2) to (4);(h) Article 75(1), (2), (5) and (6).

(5) The following provisions come into operation on the seventh day after the day on which this Order is made, but for the purpose only of the exercise of any power to make regulations -

(a) Parts II to V;(b) Articles 56 and 58;(c) Article 67 so far as relating to paragraph 22 of Schedule 8.

Interpretation

2. - (1) TheInterpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order -

"the Administration Act" means theSocial Security Administration (Northern Ireland) Act 1992;

"the Contributions and Benefits Act" means theSocial Security Contributions and Benefits (Northern Ireland) Act 1992;

"the Department" means the Department of Health and Social Services;

"government department" means a Northern Ireland department or a department of the government of the United Kingdom;

"the Housing Executive" means the Northern Ireland Housing Executive;

"the Matrimonial Causes Order" means theMatrimonial Causes (Northern Ireland) Order 1978;

"the Pension Schemes Act" means thePension Schemes (Northern Ireland) Act 1993;

"the Pensions Order" means thePensions (Northern Ireland) Order 1995;

"statutory provision" has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;

"the Welfare Reform Act" means the Welfare Reform and 1999 c. Pensions Act 1999.

(3) In this Order, except Articles 1, 74(2) and (3) and 75(1) and (5), and in any statutory provision amended by this Order, references to the coming into operation of any provision of this Order are to its coming into operation otherwise than for the purpose of authorising the making of regulations.

PART II

STAKEHOLDER PENSION SCHEMES

Meaning of "stakeholder pension scheme"

3. - (1) A pension scheme is a stakeholder pension scheme for the purposes of this Part if it is registered as such a scheme under Article 4 and each of the following is fulfilled, namely -

(a) the conditions set out in paragraphs (2) to (9); and(b) such other conditions as may be prescribed.

(2) The first condition is that the scheme is established under a trust or in such other way as may be prescribed.

(3) The second...

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