Northern Ireland Orders in Council

(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.

(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 condition is that the provisions made by the instruments establishing the scheme comply with such requirements as may be prescribed.

    (4) The third condition is that, subject to such exceptions as may be prescribed, the benefits provided by the scheme are money purchase benefits within the meaning given by section 176 of the Pension Schemes Act.

    (5) The fourth condition is that the scheme complies with such requirements as may be prescribed as regards the extent to which, and the circumstances in which - 

(a) any payment made to the scheme by or on behalf of a member of the scheme;

(b) any income or capital gain arising from the investment of such a payment; or

(c) the value of rights under the scheme,

may be used to defray the administrative expenses of the scheme, to pay commission or in any other way which does not result in the provision of benefits for or in respect of members.

    (6) The fifth condition is that the scheme complies with such of the requirements of regulations under section 109 of the Pension Schemes Act (disclosure of information about schemes to members etc.) as are applicable to it.

    (7) The sixth condition is that, subject to such minimum contribution levels and other restrictions as may be prescribed, members of the scheme may make such contributions to the scheme as they think appropriate.

    (8) The seventh condition is that, except in so far as is necessary to ensure that the scheme has tax-exemption or tax-approval (within the meaning of the Pension Schemes Act), the scheme accepts transfer payments in respect of members' rights under - 

(a) other pension schemes;

(b) contracts and schemes approved under Chapter III of Part XIV of theIncome and Corporation Taxes Act 1988 (retirement annuity contracts);

(c) annuities and insurance policies purchased or transferred for the purpose of giving effect to rights under pension schemes; and

(d) annuities purchased or entered into for the purpose of discharging liability in respect of pension credits under Article 26(1)(b) or under section 29(1)(b) of the Welfare Reform Act.

(a) an exempt approved scheme;

(b) a relevant statutory scheme;

(c) a retirement benefits scheme set up by a government outside the United Kingdom for the benefit, or primarily for the benefit, of its employees;

(d) a retirement benefits scheme which is being considered for approval under Chapter I of Part XIV of the Taxes Act;

(e) a contract or scheme which is approved under Chapter III of that Part (retirement annuities);

(f) a personal pension scheme which is approved under Chapter IV of that Part;

(g) an annuity purchased for the purpose of giving effect to rights under a scheme falling within any of sub-paragraphs (a) to (c) and (f);

(h) any pension arrangements of any description which may be prescribed by regulations made by the Department.

    (3) The reference in paragraph (1) to rights under an approved pension arrangement does not include rights under a personal pension scheme approved under Chapter IV of Part XIV of the Taxes Act unless those rights arise by virtue of approved personal pension arrangements.

    (4) Paragraph (5) applies if - 

(a) at the time when a bankruptcy order is made against a person a retirement benefits scheme is being considered for approval under Chapter I of Part XIV of the Taxes Act, and

(b) the decision of the Commissioners of Inland Revenue is that approval is not to be given to the scheme.

    (5) Any rights of that person under the scheme shall (without any conveyance, assignment or transfer) vest in his trustee in bankruptcy, as part of his estate, immediately on - 

(a) the Commissioners' decision being made, or

(b) (if later) the trustee's appointment taking effect or, in the case of the official receiver, his becoming trustee.

    (6) Paragraph (7) applies if, at any time after a bankruptcy order is made against a person, the Commissioners of Inland Revenue give notice - 

(a) withdrawing their approval under Chapter I of Part XIV of the Taxes Act from a retirement benefits scheme, or

(b) withdrawing their approval under Chapter IV of that Part from a personal pension scheme or from any approved personal pension arrangements,

and the date specified as being that from which the approval is withdrawn ("the withdrawal date") is a date not later than that on which the bankruptcy order is made.

    (7) Any rights of that person under the scheme or arising by virtue of the arrangements, and any rights of his under any related annuity, shall (without any conveyance, assignment or transfer) vest in his trustee in bankruptcy, as part of his estate, immediately on - 

(a) the giving of the notice, or

(b) (if later) the trustee's appointment taking effect or, in the case of the official receiver, his becoming trustee.

    (8) In paragraph (7) "related annuity" means an annuity purchased on or after the withdrawal date for the purpose of giving effect to rights under the scheme or (as the case may be) to rights arising by virtue of the arrangements.

    (9) Where under paragraph (5) or (7) any rights vest in a person's trustee in bankruptcy, the trustee's title to them has relation back to the commencement of the person's bankruptcy; but where any transaction is entered into by the trustees or managers of the scheme in question - 

(a) in good faith, and

(b) without notice of the making of the decision mentioned in paragraph (4)(b) or (as the case may be) the giving of the notice mentioned in paragraph (6),

the trustee in bankruptcy is not in respect of that transaction entitled by virtue of this paragraph to any remedy against them or any person whose title to any property derives from them.

    (10) Without prejudice to Article 73, regulations under paragraph (2)(h) may, in the case of any description of arrangements prescribed by the regulations, make provision corresponding to any provision made by paragraphs (4) to (9).

    (11) In this Article - 

(a) "exempt approved scheme", "relevant statutory scheme" and

"retirement benefits scheme" have the same meaning as in Chapter I of Part XIV of the Taxes Act;

(b) "approved personal pension arrangements" and "personal pension scheme" have the same meaning as in Chapter IV of that Part;

(c) "estate", in relation to a person against whom a bankruptcy order is made, means his estate within the meaning of Article 11 of theInsolvency (Northern Ireland) Order 1989;

(d) "the Taxes Act" means theIncome and Corporation Taxes Act 1988.

    (12) For the purposes of this Article a person shall be treated as having a right under an approved pension arrangement where - 

(a) he is entitled to a credit under Article 26(1)(b) as against the person responsible for the arrangement (within the meaning of Chapter I of Part V), and

(b) the person so responsible has not discharged his liability in respect of the credit.

    " (2A) In paragraph (1)(d) "the protection level" means the aggregate of - 


(a) the amount of the liabilities of the scheme to, or in respect of, its pensioner members and such other of its members as fall within a prescribed class or description,

(b) 90 per cent. of the amount of the liabilities of the scheme to, or in respect of, any other members of the scheme, and

(c) the amount of the liabilities of the scheme which are not liabilities to, or in respect of, its members;



and references in this paragraph to liabilities to, or in respect of, members of the scheme are references to liabilities in respect of pensions or other benefits.".

    (3) Article 81 of that Order (amount of compensation) shall be amended as follows.

    (4) In paragraph (3)(a) (compensation not to exceed 90 per cent. of shortfall), the words "90 per cent. of" shall be omitted.

    (5) In paragraph (3)(b) (compensation not to cause value of salary-related trust scheme's assets to exceed 90 per cent. of amount of its liabilities), for the words from "90 per cent." onwards there shall be substituted "the aggregate of the protected liabilities".

    (6) After paragraph (3) there shall be added - 

    " (4) In paragraph (3) "the protected liabilities" means - 


(a) the amount on the settlement date of the liabilities of the scheme to, or in respect of, its pensioner members and such other of its members as fall within a prescribed class or description,

(b) 90 per cent. of the amount on that date of the liabilities of the scheme to, or in respect of, any other members of the scheme, and

(c) the amount on that date of the liabilities of the scheme which are not liabilities to, or in respect of, its members;



and references in this paragraph to liabilities to, or in respect of, members of the scheme are to liabilities in respect of pensions or other benefits.".

    " (3A) The matters to which the court is to have regard under paragraph (3) - 


(a) so far as relating to sub-paragraph (a) of Article 27(2) of the principal Order, include any benefits under a pension arrangement which a party to the marriage has or is likely to have (whether or not in the foreseeable future), and

(b) so far as relating to sub-paragraph (h) of that provision, include any benefits under a pension arrangement which, by reason of the dissolution or annulment of the marriage, a party to the marriage will lose the chance of acquiring.".

    (3) In that Article, at the end there shall be added - 

    " (7) In this Article - 


(a) "pension arrangement" has the meaning given by Article 27D(3) of the principal Order, and

(b) references to benefits under a pension arrangement include any benefits by way of pension, whether under a pension arrangement or not.".

    (4) In Article 25 (application of provisions of Part III of the Matrimonial Causes Order), the existing provision shall become paragraph (1) and, in that paragraph, after sub-paragraph (b) there shall be inserted - 

" (bd) Article 27B(3) to (9) (power, by financial provision order, to attach payments under a pension arrangement, or to require the exercise of a right of commutation under such an arrangement);

(be) Article 27C (extension of lump sum powers in relation to death benefits under a pension arrangement);".

    (5) In that Article, after paragraph (1) there shall be added - 

    " (2) Paragraph (1)(bd) and (be) shall not apply where the court has jurisdiction to entertain an application for an order for financial relief by reason only of the situation in Northern Ireland of a dwelling-house which was a matrimonial home of the parties.

    (3) Article 27D(1) of the principal Order (effect of transfers on orders relating to rights under a pension arrangement) shall apply in relation to an order made under Article 21 by virtue of paragraph (1)(bd) or (be) as it applies in relation to an order made under Article 25 of the principal Order by virtue of Article 27B or 27C of that Order.

    (4) The Lord Chancellor may by regulations make for the purposes of this Part provision corresponding to any provision which may be made by him under paragraphs (2) and (2A) of Article 27D of the principal Order.

    (5) Regulations under this Article shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.".

(a) make provision imposing on the person responsible for a pension arrangement, or on the Department, requirements with respect to the supply of information relevant to any power with respect to - 


(i) financial relief under Part III of the Matrimonial Causes Order or Part IV of theMatrimonial and Family Proceedings (Northern Ireland) Order 1989 (powers in relation to domestic and overseas divorce etc.),

(ii) financial relief under Part II of theMatrimonial Causes Act 1973 or Part III of theMatrimonial and Family Proceedings Act 1984 (corresponding England and Wales powers), or

(iii) financial provision under theFamily Law (Scotland) Act 1985 or Part IV of theMatrimonial and Family Proceedings Act 1984 (corresponding Scottish powers),



(b) make provision about calculation and verification in relation to the valuation of - 



(i) benefits under a pension arrangement, or

(ii) shareable state scheme rights, for the purposes of regulations under sub-paragraph (a)(i) or (ii),



(c) make provision about calculation and verification in relation to - 



(i) the valuation of shareable rights under a pension arrangement or shareable state scheme rights for the purposes of regulations under sub-paragraph (a)(iii), so far as relating to the making of orders for financial provision (within the meaning of the Family Law (Scotland) Act 1985), or

(ii) the valuation of benefits under a pension arrangement for the purposes of such regulations, so far as relating to the making of orders under section 12A of that Act,



(d) make provision for the purpose of enabling the person responsible for a pension arrangement to recover prescribed charges in respect of providing information in accordance with regulations under sub-paragraph (a).

    (2) Regulations under paragraph (1)(b) or (c) may include provision for calculation or verification in accordance with guidance from time to time prepared by a person prescribed by the regulations.

    (3) Regulations under paragraph (1)(d) may include provision for the application in prescribed circumstances, with or without modification, of any provision made by virtue of Article 38(2).

    (4) In paragraph (1) - 

(a) the reference in sub-paragraph (c)(i) to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part V, or under Chapter I of Part IV of the Welfare Reform Act, and

(b) the references to shareable state scheme rights are to rights in relation to which pension sharing is available under Chapter II of Part V, or under Chapter II of Part IV of the Welfare Reform Act.

(a) a pension sharing order under the Matrimonial Causes Order;

(b) an order under Part IV of theMatrimonial and Family Proceedings (Northern Ireland) Order 1989 (financial relief in Northern Ireland in relation to overseas divorce etc.) corresponding to such an order mentioned in sub-paragraph (a);

(c) an order or provision to which any of paragraphs (a) to (g) of subsection (1) of section 28 of the Welfare Reform Act applies (pension sharing orders under theMatrimonial Causes Act 1973 and theFamily Law (Scotland) Act 1985 and other provisions and orders in Great Britain corresponding to pension sharing orders under those Acts).

(a) they shall, except in such cases as the Department may prescribe by regulations, notify the Authority of that fact within such period as the Department may so prescribe, and

(b) Article 10 of the Pensions Order (power of the Authority to impose civil penalties) shall apply to any trustee or manager who has failed to take all such steps as are reasonable to ensure that liability in respect of the credit was discharged before the end of the implementation period for it.

(a) provision for the start of the implementation period for a pension credit to be postponed in prescribed circumstances;

(b) provision, in relation to payments in respect of charges recoverable under the regulations, for reimbursement as between the parties to pension sharing;

(c) provision, in relation to the recovery of charges by deduction from a pension credit, for the modification of Schedule 5;

(d) provision for the recovery in prescribed circumstances of such additional amounts as may be determined in accordance with the regulations.

    (3) For the purposes of regulations under paragraph (1), the question of how much of a charge recoverable under the regulations is attributable to a party to pension sharing is to be determined as follows - 

(a) where the relevant order or provision includes provision about the apportionment of charges under this Article, there is attributable to the party so much of the charge as is apportioned to him by that provision;

(b) where the relevant order or provision does not include such provision, the charge is attributable to the transferor.

    (4) For the purposes of paragraph (1), a pension arrangement is involved in pension sharing if Article 26 applies by virtue of an order or provision which relates to the arrangement.

    (5) In that paragraph, the reference to pension sharing activity is to activity attributable (directly or indirectly) to the involvement in pension sharing.

    (6) In paragraph (3) - 

(a) the reference to the relevant order or provision is to the order or provision which gives rise to the pension sharing, and

(b) the reference to the transferor is to the person to whose rights that order or provision relates.

    (7) In this Article "prescribed" means prescribed in regulations under paragraph (1).

(a) the scheme, or

(b) a scheme in relation to which the scheme is specified as an alternative for the purposes of paragraph 2 of Schedule 5,

of benefits to or in respect of those entitled to the credits.

    (2) Paragraph (1) is without prejudice to any other power.

    (3) Paragraph (1) shall apply in relation to statutory provisions whenever passed or made.

    (4) No obligation to consult shall apply in relation to the making, in exercise of a power under any statutory provision to establish a pension scheme, of provision of a kind authorised by paragraph (1).

    (5) Any statutory provision which makes benefits under a pension scheme established under a statutory provision a charge on, or payable out of - 

(a) the Consolidated Fund; or

(b) the Consolidated Fund of the United Kingdom,

shall be treated as including any benefits under the scheme which are attributable (directly or indirectly) to a pension credit which derives from rights to benefits charged on, or payable out of, that fund.

    (6) In this Article - 

"pension credit" includes a credit under section 29(1)(b) of the Welfare Reform Act;

"pension scheme" means a scheme or arrangement providing benefits, in the form of pensions or otherwise, payable on termination of service, or on death or retirement, to or in respect of persons to whom the scheme or arrangement applies.

(a) section 155(4) and (4A) of the Pension Schemes Act,

(b) Article 89 of the Pensions Order,

(c) any statutory provision (whether passed or made before or after this Order is made) corresponding to any of the statutory provisions mentioned in paragraphs (a) and (b), and

(d) any provision of a pension arrangement corresponding to any of those statutory provisions.

(a) his entitlement, or prospective entitlement to a Category A retirement pension by virtue of section 44(3)(b) of the Contributions and Benefits Act (earnings-related additional pension), and

(b) his entitlement, or prospective entitlement, to a pension under section 55A of that Act (shared additional pension).

(a) that any such additional pension, or

(b) in the case of any provision of Schedule 5 to that Act (increase of pension where entitlement is deferred), that any constituent element of an increase provided for by that Schedule,

is increased by such percentage as may be prescribed (which may be 100 per cent.).

    (3) The regulations may amend (or further amend) any prescribed provision of Part II of the Contributions and Benefits Act falling within paragraph (2) by substituting for any reference to the year 2000 (or any year previously substituted by virtue of this paragraph) a reference to such later year as may be prescribed.

    (4) The regulations may make provision for and in connection with - 

(a) the establishment, for a prescribed period, of a scheme for dealing with claims made by persons on the grounds that, in reliance on any incorrect or incomplete information provided by a government department with respect to the SERPS reduction (however that information came to their knowledge), they - 


(i) failed to take any, or any particular, relevant steps which they would have taken, or

(ii) took any steps which they would not have taken, had they instead received correct and complete information with respect to that reduction; and



(b) securing that, where persons have made successful claims under the scheme, surviving spouses of those persons (or, as the case may be, those persons themselves) will not be affected by the SERPS reduction.

    (5) In paragraph (4) "relevant steps", in relation to a person, means steps towards safeguarding the financial position of that person's spouse in the event of the spouse becoming that person's surviving spouse or (as the case may be) towards safeguarding that person's own financial position in the event of that person becoming a surviving spouse (whether or not, in either case, that person was at any material time already married); and "the SERPS reduction" means - 

(a) (in the context of paragraph (4)(a)) the operation of any of - 


(i) the provisions of Article 20 of theSocial Security (Northern Ireland) Order 1986, or

(ii) the provisions of Part II of the Contributions and Benefits Act reproducing the effect of those provisions;



(b) (in the context of paragraph (4)(b)) the operation of any of the provisions of the Contributions and Benefits Act mentioned in sub-paragraph (a)(ii) or of section 39C(4) or 48BB(7) of that Act.

    (6) Regulations under paragraph (4) may, in particular, make provision - 

(a) with respect to the time within which, and the manner in which, claims under the scheme are to be made;

(b) for requiring claimants - 


(i) to supply such information in connection with their claims as may be prescribed or reasonably requested by any person for the purpose of dealing with their claims,

(ii) to attend interviews at such time and place as may be reasonably specified by any person for that purpose;



(c) for a claim to be disallowed where the claimant fails to comply with a requirement imposed by virtue of sub-paragraph (a) or (b) and does not show within the prescribed period that he had good cause for that failure;

(d) prescribing - 



(i) matters which are or are not to be taken into account in determining whether a person does or does not have good cause for any failure to comply with any such requirement, or

(ii) circumstances in which a person is or is not to be regarded as having or not having good cause for any such failure;



(e) prescribing the conditions which must be satisfied in relation to any claim in order for it to be a successful claim under the scheme;

(f) with respect to - 



(i) the manner in which decisions under the scheme are to be made (which may include authorising decisions of any prescribed description to be made by a computer), and

(ii) the time within which, and the manner in which, such decisions are to be notified to claimants;



(g) for provisions of Chapter II of Part II of theSocial Security (Northern Ireland) Order 1998 (social security decisions and appeals) to apply in relation to decisions under the scheme with such modifications as may be prescribed;

(h) for provisions of Part II of the Contributions and Benefits Act to apply in relation to - 



(i) surviving spouses of persons who have made successful claims under the scheme, or

(ii) persons who have themselves made such claims, with such modifications as may be prescribed.

    (7) If no regulations under this Article are in operation on 6th April 2000, then until such time as any such regulations come into operation - 

(a) any provisions of Part II of the Contributions and Benefits Act which (whether alone or together with other provisions) would otherwise result in a reduction of one-half in the amount payable by way of additional pension in cases where a person's spouse dies after 5th April 2000 shall be taken - 


(i) as not applying, or

(ii) as providing for the full amount to be payable by way of additional pension, as the case may require; and



(b) in Schedule 5 to that Act - 



(i) any provision which is expressed to apply in relation to deaths occurring after that date shall not apply, and

(ii) any provision which (with or without any other limitation) is expressed to apply in relation to deaths occurring before 6th April 2000 shall be taken as applying also in relation to deaths occurring on or after that date.

    (8) Regulations made under this Article shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

    (9) In this Article "prescribed" means prescribed by regulations under paragraph (2), (3) or (4), as the case may be.

    " (1) A woman shall be entitled to a maternity allowance, at the appropriate weekly rate determined under section 35A below, if - 


(a) she has become pregnant and has reached, or been confined before reaching, the commencement of the 11th week before the expected week of confinement; and

(b) she has been engaged in employment as an employed or self-employed earner for any part of the week in the case of at least 26 of the 66 weeks immediately preceding the expected week of confinement; and

(c) (within the meaning of section 35A) her average weekly earnings are not less than the maternity allowance threshold; and

(d) she is not entitled to statutory maternity pay for the same week in respect of the same pregnancy.".

    (2) In subsection (3) of that section - 

(a) in paragraph (b), for "Schedule 3, Part I, paragraph 3" there shall be substituted "section 35A below"; and

(b) in paragraph (c), for "and (c) above" there shall be substituted "above or in section 35A(2) or (3) below".

    (3) After that section there shall be inserted - 

" (a) the claimant must have actually paid contributions of a relevant class in respect of one of the last three complete years before the beginning of the relevant benefit year, and those contributions must have been paid before the relevant time; and".

    (3) In sub-paragraph (7) (claim by person who does not satisfy second contribution condition to be disregarded in relation to subsequent claim), after "does not satisfy" there shall be inserted

"the first contribution condition (specified in sub-paragraph (2) above) or, as the case may be,".

    (4) After sub-paragraph (7) there shall be added - 

    " (8) Regulations may - 


(a) provide for the first contribution condition (specified in sub-paragraph (2) above) to be taken to be satisfied in the case of persons who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time;

(b) with a view to securing any relaxation of the requirements of that condition (as so specified) in relation to persons who have been so entitled, provide for that condition to apply in relation to them subject to prescribed modifications.



    (9) In sub-paragraph (8) - 



"benefit" includes (in addition to any benefit under Parts II to V of this Act) - 
(a) any benefit under Parts VII to XII of this Act, and

(b) credits under regulations under section 22(5) above;


"modifications" includes additions, omissions and amendments.".

    " (4) Circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy such of the conditions mentioned in subsections (2) and (3) above as may be prescribed.".

    (2) In subsection (1) of section 66 of that Act (attendance allowance for the terminally ill) - 

(a) in paragraph (a)(i), for the words from "for the remainder of his life" to "terminally ill" there shall be substituted "for so much of the period for which he is terminally ill as does not fall before the date of the claim";

(b) in paragraph (a)(ii), for "that date", in the first place where those words occur, there shall be substituted "the date of the claim or, if later, the first date on which he is terminally ill"; and

(c) in paragraph (b), for "the remainder of the person's life, beginning with that date" there shall be substituted "so much of the period for which he is terminally ill as does not fall before the date of the claim".

(a) it is in respect of a qualifying benefit;

(b) it is referable to a decision given on a review that there has been an alteration in the relevant person's condition, being a decision to which effect is required to be given as from a date earlier than that on which it was given;

(c) the decision was given before 1st June 1999; and

(d) the overpayment is not excluded by virtue of paragraph (6).

    (3) In paragraph (2)(b) the reference to a decision on a review that there has been an alteration in the relevant person's condition is a reference to a decision so given that that person's physical or mental condition either was at the time when the original decision was given, or has subsequently become, different from that on which that decision was based, with the result - 

(a) that he did not at that time, or (as the case may be) has subsequently ceased to, meet any of the conditions contained in the following provisions of the Contributions and Benefits Act, namely - 


(i) section 64 (attendance allowance),

(ii) section 72(1) or (2) (care component of disability living allowance), and

(iii) section 73(1) or (2) (mobility component of that allowance); or



(b) that he was at that time, or (as the case may be) has subsequently become, capable of work in accordance with regulations made under section 167C(2) of that Act (the all work test).

    (4) For the purposes of this Article "qualifying benefit" means - 

(a) attendance allowance;

(b) disability living allowance;

(c) any benefit awarded wholly or partly by reason of a person being (or being treated as being) in receipt of a component (at any rate) of disability living allowance or in receipt of attendance allowance;

(d) incapacity benefit;

(e) any benefit (other than incapacity benefit) awarded wholly or partly by reason of a person being (or being treated as being) incapable of work; or

(f) any benefit awarded wholly or partly by reason of a person being (or being treated as being) in receipt of any benefit falling within sub-paragraph (c), (d) or (e).

    (5) For the purposes of this Article - 

(a) "review" means a review taking place by virtue of section 23(1)(a) or (b), 28(2)(a) or (b) or 33(1)(a) or (b) of the Administration Act;

(b) "the relevant person", in relation to a review, means the person to whose entitlement to a qualifying benefit or to whose incapacity for work the review related; and

(c) "the original decision", in relation to a review, means the decision as to any such entitlement or incapacity to which the review related.

    (6) An overpayment is excluded by virtue of this paragraph if (before or after the making of this Order) - 

(a) the payee has agreed to pay a penalty in respect of the overpayment under section 109A of the Administration Act,

(b) the payee has been convicted of any offence (under section 105A or 106(1) or (1A) of that Act or otherwise) in connection with the overpayment, or

(c) proceedings have been instituted against the payee for such an offence and the proceedings have not been determined or abandoned.

    (7) Nothing in this Article applies to an overpayment to the extent that it was recovered from the payee (by any means) before 26th February 1999.

    (8) In this Article - 

"benefit" includes any amount included in - 

(a) the applicable amount in relation to an income-related benefit (as defined by section 131(1) of the Contributions and Benefits Act), or

(b) the applicable amount in relation to a jobseeker's allowance (as defined by Article 6(5) of theJobseekers (Northern Ireland) Order 1995);

"income-related benefit" has the meaning given by section 122(1) of the Contributions and Benefits Act;

"overpayment" means an amount of benefit paid in excess of entitlement;

"the payee", in relation to an overpayment, means the person to whom that amount was paid.

(a) the prescribed payments he was liable to make in respect of his former dwelling, and

(b) those he is liable to make in respect of his new dwelling.

    (2) In paragraph (1) the reference to a qualifying dwelling is to a dwelling (whether in the public or social rented sector or not) which, in relation to the claimant, either - 

(a) is not under-occupied, or

(b) is under-occupied to a lesser extent than the claimant's former dwelling.

    (3) Regulations under this Article may, in particular, make provision - 

(a) as to the circumstances in which, in relation to a housing benefit claimant, a dwelling is or is not to be regarded for the purposes of the scheme as under-occupied or under-occupied to a lesser extent than another dwelling;

(b) as to the manner in which an amount payable to such a claimant under the scheme is to be calculated.

    (4) Regulations made in pursuance of paragraph (3)(b) may provide for the amount payable to a housing benefit claimant under the scheme ("the relevant amount") to be reduced on account of - 

(a) any arrears of rent payable by him, or

(b) any amount paid to him by way of housing benefit which constitutes an overpayment for housing benefit purposes;

but regulations under this Article shall not otherwise provide for the making of any reduction in the relevant amount on account of any sum due to or recoverable by the Housing Executive.

    (5) A person aggrieved by a determination of any prescribed description made under regulations under this Article may appeal to such court or tribunal as may be prescribed; and the regulations may make provision as to the procedure to be followed in connection with appeals under this paragraph.

    (6) Regulations under this Article may provide that the scheme is to apply only in relation to one or more prescribed areas; and, if they do so, they may also - 

(a) provide that (unless continued in operation by subsequent regulations under this Article) the scheme is to remain in operation there only for a prescribed period;

(b) include such transitional, consequential or saving provisions as the Department considers appropriate in connection with the scheme ceasing to be in operation in relation to the area or areas at the end of that period.

    (7) Where the Housing Executive makes any payment under the scheme it shall be reimbursed by the Department in respect of that payment in such manner and subject to such conditions as to claims, records, certificates or other information or evidence as may be prescribed (any reduction made by virtue of paragraph (4) being disregarded for the purposes of this paragraph).

    (8) Subject to any prescribed exceptions or modifications, the provisions of the Administration Act shall have effect in relation to payments under the scheme as they have effect in relation to housing benefit.

    (9) For the purposes of this Article a dwelling occupied by a housing benefit claimant is in the public or social rented sector if the payments which the claimant is liable to make in respect of the dwelling (and on account of which he is entitled to housing benefit) are to be made to - 

(a) the Housing Executive, or

(b) a registered housing association within the meaning of theHousing (Northern Ireland) Order 1992.

    (10) In this Article - 

"dwelling" has the same meaning as in Part VII of the Contributions and Benefits Act (income-related benefits);

"housing benefit claimant", in relation to a dwelling, means a person entitled to housing benefit by virtue of being liable to make payments in respect of the dwelling;

"prescribed" means specified in or determined in accordance with regulations under this Article.

(a) a Northern Ireland department or Minister of the Crown is proposing that or considering whether any statutory provision should change the law as from a specified date, or a date to be determined; and

(b) the Department is of the opinion that the change is such that, unless expenditure for preparing for the change is incurred during the period before the making of that statutory provision, it will not be possible for a service for which it has or will have responsibility to be effectively provided as from that date,

the Department may, subject to paragraphs (2) and (3), incur such expenditure during that period.

    (2) Expenditure is not authorised by virtue of paragraph (1) unless - 

(a) the Department has with the consent of the Department of Finance and Personnel laid before the Assembly a report which states - 


(i) the change in the law which the Northern Ireland department or Minister of the Crown is proposing or considering; and

(ii) the amount of the expenditure which the Department proposes to incur and the purposes for which it proposes to incur it; and



(b) the report has been approved by a resolution of the Assembly.

    (3) Expenditure is not authorised by virtue of paragraph (1) at any time after the end of the period of two years beginning with (and including) the day on which the resolution under paragraph (2)(b) is passed.

    (4) Paragraph (1) is without prejudice to any power of the Department to incur expenditure otherwise than by virtue of that paragraph.

    (5) There shall be made out of the Northern Ireland National Insurance Fund into the Consolidated Fund such payments as the Department determines (in accordance with any directions of the Department of Finance and Personnel) to be appropriate in consequence of the operation of this Article.

    (6) Any payments falling to be made by virtue of paragraph (5) shall be made at such times and in such manner as may be determined by the Department of Finance and Personnel.

(a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking statutory provisions) as appears to the authority making the regulations or order to be expedient; and

(b) to provide for a person to exercise a discretion in dealing with any matter.

(a) is not an occupational pension scheme; but

(b) is or has been registered under Article 4,

were an occupational pension scheme.

    (2) The provisions are - 

(a) subsections (4) to (9) of section 170 of the Pensions Schemes Act (levies towards certain expenditure), and

(b) the following provisions of Part II of the Pensions Order - 


(i) Articles 3 to 11, 13 and 15 (supervision by the Authority) except Articles 8(1) and (2), 11(3)(c) and 15(1);

(ii) Articles 27 to 31 (trustees: general);

(iii) Articles 32 to 36 and 39 (functions of trustees) except the reference to Articles 16(3)(b) and 25(2) in Article 32(4), the reference to Article 56 in Article 35(2) and Article 35(5)(b);

(iv) Article 41 (functions of trustees or managers);

(v) Articles 47 and 48 (advisers);

(vi) Article 49 (receipts, payment and records) except paragraphs (5) and (8) to (13);

(vii) Article 50 (resolution of disputes);

(viii) Article 68 (power of trustees to modify scheme by resolution) except paragraph (3);

(ix) Articles 79 to 84 (the compensation payments) except Article 79(1)(b);

(x) Articles 89, 90 and 92 (assignment and forfeiture etc.) except Article 89(5)(d);

(xi) Article 94(2)(c) (review of decisions of the Authority);

(xii) Article 106 (other permitted disclosures);

(xiii) Article 108 (provision of information to Compensation Board);

(xiv) Article 114 (overriding requirements); and

(xv) Articles 121 and 122 (interpretation).

    (3) Article 47(9) of the Pensions Order (as applied by sub-paragraph (1)) shall have effect as if the reference to any person who is or has been the employer were a reference to any person who, in pursuance of Article 5(5), is or has been required - 

(a) to deduct an employee's contributions to the scheme from his remuneration; and

(b) to pay them to the trustees or managers of the scheme or to a prescribed person.

    (4) Article 68 of the Pensions Order (as so applied) shall have effect as if the purposes specified in paragraph (2) of that Article included enabling the conditions set out in Article 3 to be fulfilled in relation to the scheme.

    (5) Article 121(1) of the Pensions Order (as so applied) shall have effect as if the definition of "member" were omitted.

     2.  - (1) Articles 96 to 98 of the Pensions Order (gathering information: the Authority) shall apply as if any pension scheme which - 

(a) is not an occupational pension scheme; but

(b) is or has been registered under Article 4,

were an occupational pension scheme.

    (2) Article 97 of the Pensions Order (as applied by sub-paragraph (1)) shall have effect as if the regulatory provisions, for the purposes of paragraph (1) of that Article, were - 

(a) provisions made by or under the provisions specified in paragraph 1(2), other than Article 108 of the Pensions Order;

(b) Articles 109 and 113 of that Order;

(c) section 115 of thePensions Act 1995 and any other provisions in force in Great Britain corresponding to the provisions mentioned in heads (a) and (b); and

(d) Articles 3 and 4(4) and (5).

    (3) Article 98 of the Pensions Order (as so applied) shall have effect as if the references in paragraphs (1)(c)(i) and (4)(b) to that Order included references to Article 4(5).

    (4) Any reference in this paragraph or paragraph 3 which is or includes a reference to, or to any paragraph of, Article 3 or 4 includes a reference to any provision in force in Great Britain corresponding to that Article or (as the case may be) that paragraph; and the reference in sub-paragraph (1) to any pension scheme includes a personal pension scheme (as well as an occupational scheme) within the meaning of thePension Schemes Act 1993.

     3.  - (1) Article 97 of the Pensions Order shall have effect in relation to any occupational pension scheme which is or has been registered under Article 4 as if the regulatory provisions for the purposes of paragraph (1) of Article 97 included Articles 3 and 4(4) and (5).

    (2) Article 98 of the Pensions Order shall have effect in relation to any occupational pension scheme which is or has been registered under Article 4 as if the references in paragraphs (1)(c)(i) and (4)(b) to that Order included references to Article 4(5).

(a) in section 1 (categories of pension schemes), in the definition of

"personal pension scheme", for "employed earners" substitute

"earners (whether employed or self-employed)"; and

(b) in section 176(1) (general interpretation), for the definition of

"employed earner" substitute - 

" "employed earner" and "self-employed earner" have the meanings given by section 2 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;".

    (2) In consequence of sub-paragraph (1), the following provisions of that Act shall cease to have effect, namely - 

(a) in section 69(2)(a)(ii) (short service benefit), the words "or a self-employed pension arrangement" and "or arrangement";

(b) in section 92(2)(a) (exercise of option under section 91), sub-paragraph (iii) and the word "or" immediately preceding that sub-paragraph; and

(c) in section 176(1) (general interpretation), the definition of "self-employed pension arrangement".

Revaluation of earnings factors: meaning of "relevant year"

     3. In section 12(5) of the Pension Schemes Act (revaluation of earnings factors for purposes of section 10: early leavers etc.), for the definition of

"relevant year" substitute - 

" "relevant year" means any tax year in the earner's working life,".

(a) omit paragraph (aa) (but not the final "and"); and

(b) in paragraph (b), for "permitted" substitute "provided for".

    (3) For subsection (1A) substitute - 

    " (1A) Where the scheme is a personal pension scheme which provides for the member to elect to receive payments in accordance with this subsection, and the member so elects, effect shall be given to his protected rights during the interim period by the making of payments under an interim arrangement which - 


(a) complies with section 24A, and

(b) satisfies such conditions as may be prescribed;



and in such a case subsections (2) to (4) accordingly apply as regards giving effect to his protected rights as from the end of that period.".

    (4) In subsection (3) for "(1A)(a) or" substitute "(1A) or".

    " (7) For the purposes of section 42, a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled but for any order under Article 315A of the Insolvency (Northern Ireland) Order 1989 (recovery of excessive pension contributions).".

    " (1) This Schedule applies to any sum owed on account of an employer's contributions to a salary related contracted-out scheme which were payable in the period of 12 months immediately preceding the relevant date.

    (1A) The amount of the debt having priority by virtue of sub-paragraph (1) shall be taken to be an amount equal to the appropriate amount.

    (2) This Schedule applies to any sum owed on account of an employer's minimum payments to a money purchase contracted-out scheme falling to be made in the period of 12 months immediately preceding the relevant date.

    (3) In so far as payments cannot from the terms of the scheme be identified as falling within sub-paragraph (2), the amount of the debt having priority by virtue of that sub-paragraph shall be taken to be an amount equal to the appropriate amount.

    (3A) In sub-paragraph (1A) or (3) "the appropriate amount" means the aggregate of - 


(a) the percentage for non-contributing earners of the total reckonable earnings paid or payable, in the period of 12 months referred to in sub-paragraph (1) or (2) (as the case may be), to or for the benefit of non-contributing earners; and

(b) the percentage for contributing earners of the total reckonable earnings paid or payable, in that period, to or for the benefit of contributing earners.".

    (3) In sub-paragraph (4), for "sub-paragraph (3)" substitute "sub-paragraph (3A)".

    " (8A) Any penalty recoverable under this Article shall, if a county court so orders, be enforceable as if it were payable under an order of that court.".

    " (1A) In this Article "relevant institution" means - 


(a) an institution authorised under the Banking Act 1987;

(b) an institution within any of paragraphs 1 to 6 of Schedule 2 to that Act (institutions not requiring authorisation); or

(c) a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992 which may lawfully accept deposits in the United Kingdom in accordance with those regulations.".


Annual increase in rate of pension

     11. In Article 54(3) of the Pensions Order (supplementary provisions about annual increases in pensions), in the definition of "appropriate percentage", for the words from "the revaluation period" onwards substitute

"the latest revaluation period specified in the order under paragraph 2 of Schedule 2 to the Pension Schemes Act (revaluation of accrued pension benefits) which is in force at the time of the increase (expressions used in this definition having the same meaning as in that paragraph),".

(a) for the words Form "on the date" to "is met," substitute "it appears to him that the minimum funding requirement was met on the prescribed date,"; and

(b) omit the words "continue to".

    (2) In Article 59 of that Order (determination of contributions: supplementary), in paragraph (3) (duty of trustees etc. to prepare report of failure to meet minimum funding requirement), after "they must" insert ", within such further period as may be prescribed,".

" but, in its application for the purposes of Article 51, sub-paragraph (b) does not affect the operation of any rules of the scheme by virtue of which a period of service is to be rounded up or down by a period of less than a month.".

    " (2A) This Article applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).".

    (3) In Article 86 (right to time off for pension scheme trustees), after paragraph (2) insert - 

    " (2A) This Article applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).".

    (4) In Article 133 (unfair dismissal of pension scheme trustees), after paragraph (1) insert - 

    " (1A) This Article applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).".

" (aa) references to pension sharing orders shall be construed in accordance with Article 23A; and".

     3. After Article 23 there is inserted - 

" Pension sharing orders
     23A.  - (1) For the purposes of this Order, a pension sharing order is an order which - 


(a) provides that one party's - 


(i) shareable rights under a specified pension arrangement, or

(ii) shareable state scheme rights,



be subject to pension sharing for the benefit of the other party, and

(b) specifies the percentage value to be transferred.



    (2) In paragraph (1) - 



(a) the reference to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part V of the Welfare Reform and Pensions (Northern Ireland) Order 1999 or under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999, and

(b) the reference to shareable state scheme rights is to rights in relation to which pension sharing is available under Chapter II of Part V of the Welfare Reform and Pensions (Northern Ireland) Order 1999, or under Chapter II of Part IV of the Welfare Reform and Pensions Act 1999, and

(c) "party" means a party to a marriage.".

     4. In Article 26 (property adjustment orders in connection with divorce proceedings, etc.), in sub-paragraphs (c) and (d) of paragraph (1), there is added at the end ", other than one in the form of a pension arrangement (within the meaning of Article 27D)".

     5. After Article 26 there is inserted - 

" Pension sharing orders in connection with divorce proceedings, etc.
     26A.  - (1) On granting a decree of divorce or a decree of nullity of marriage or at any time thereafter (whether before or after the decree is made absolute), the court may, on an application made under this Article, make one or more pension sharing orders in relation to the marriage.

    (2) A pension sharing order under this Article is not to take effect unless the decree on or after which it is made has been made absolute.

    (3) A pension sharing order under this Article may not be made in relation to a pension arrangement which - 


(a) is the subject of a pension sharing order in relation to the marriage, or

(b) has been the subject of pension sharing between the parties to the marriage.



    (4) A pension sharing order under this Article may not be made in relation to shareable state scheme rights if - 



(a) such rights are the subject of a pension sharing order in relation to the marriage, or

(b) such rights have been the subject of pension sharing between the parties to the marriage.



    (5) A pension sharing order under this Article may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of Article 27B or 27C which relates to benefits or future benefits to which he is entitled under the pension arrangement.

Pension sharing orders: duty to stay
     26B.  - (1) No pension sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor.

    (2) Regulations under this Article shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

Pension sharing orders: apportionment of charges 26C. If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the parties of any charge under Article 38 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (charges in respect of pension sharing costs), or under section 41 of the Welfare Reform and Pensions Act 1999.".

     6. In Article 27 (matters to which the court is to have regard in deciding how to exercise its powers with respect to financial relief) - 

(a) in paragraph (1), for "Article 25 or 26" there is substituted

"Article 25, 26 or 26A", and

(b) in paragraph (2), for "or 26" there is substituted ", 26 or 26A".

     7. In Article 27A(1) (court's duty to consider desirability of exercising power to achieve clean break), for "or 26" there is substituted ", 26 or 26A".

     8.  - (1) Article 33 (variation, discharge etc. of certain orders for financial relief) is amended as follows.

    (2) In paragraph (2), at the end there is added - 

" (f) a pension sharing order under Article 26A which is made at a time before the decree has been made absolute.".

    (3) After paragraph (4) there is inserted - 

    " (4A) In relation to an order which falls within sub-paragraph (f) of paragraph (2) ("the paragraph (2) order") - 


(a) the powers conferred by this Article may be exercised - 


(i) only on an application made before the paragraph (2) order has or, but for sub-paragraph (b), would have taken effect; and

(ii) only if, at the time when the application is made, the decree has not been made absolute; and



(b) an application made in accordance with sub-paragraph (a) prevents the paragraph (2) order from taking effect before the application has been dealt with.



    (4B) No variation of a pension sharing order shall be made so as to take effect before the decree is made absolute.

    (4C) The variation of a pension sharing order prevents the order taking effect before the end of such period after the making of the variation as may be prescribed by regulations made by the Lord Chancellor.

    (4D) Regulations under paragraph (4C) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.".

    (4) In paragraph (5) after "property adjustment order" there is inserted

"or pension sharing order".

     9. In Article 35A (consent orders), in paragraph (3), in the definition of

"order for financial relief", after "26" there is inserted ", 26A".

     10. In Article 39 (avoidance of transactions intended to prevent or reduce financial relief), in paragraph (1), after "26," there is inserted

"26A,".

     11. After Article 42 there is inserted - 

" Appeals relating to pension sharing orders which have taken effect
     42A.  - (1) Paragraphs (2) and (3) apply where an appeal against a pension sharing order is begun on or after the day on which the order takes effect.

    (2) If the pension sharing order relates to a person's rights under a pension arrangement, the appeal court may not set aside or vary the order if the person responsible for the pension arrangement has acted to his detriment in reliance on the taking effect of the order.

    (3) If the pension sharing order relates to a person's shareable state scheme rights, the appeal court may not set aside or vary the order if the Department of Health and Social Services has acted to its detriment in reliance on the taking effect of the order.

    (4) In determining for the purposes of paragraph (2) or (3) whether a person or the Department has acted to his or its detriment in reliance on the taking effect of the order, the appeal court may disregard any detriment which in its opinion is insignificant.

    (5) Where paragraph (2) or (3) applies, the appeal court may make such further orders (including one or more pension sharing orders) as it thinks fit, for the purpose of putting the parties in the position it considers appropriate.

    (6) Article 26B only applies to a pension sharing order under this Article if the decision of the appeal court can itself be the subject of an appeal.

    (7) In paragraph (2), the reference to the person responsible for the pension arrangement is to be read in accordance with Article 27D(4).".

(a) for "scheme", wherever occurring, there is substituted

"arrangement", and

(b) for "trustees or managers of" there is substituted "person responsible for".

    (6) For paragraph (5) there is substituted - 

    " (5) The order must express the amount of any payment required to be made by virtue of paragraph (4) as a percentage of the payment which becomes due to the party with pension rights.".

    (7) In paragraph (6) - 

(a) for "trustees or managers", in the first place where those words occur, there is substituted "person responsible for the arrangement", and

(b) for "the trustees or managers", in the second place where those words occur, there is substituted "his".

    (8) In paragraph (7) - 

(a) for the words from "may require any" to "those benefits" there is substituted "has a right of commutation under the arrangement, the order may require him to exercise it to any extent",

(b) for "the payment of any amount commuted" there is substituted

"any payment due in consequence of commutation", and

(c) for "scheme" there is substituted "arrangement".

    (9) After that paragraph there is added - 

    " (8) The power conferred by paragraph (7) may not be exercised for the purpose of commuting a benefit payable to the party with pension rights to a benefit payable to the other party.

    (9) The power conferred by paragraph (4) or (7) may not be exercised in relation to a pension arrangement which - 


(a) is the subject of a pension sharing order in relation to the marriage, or

(b) has been the subject of pension sharing between the parties to the marriage.



    (10) In paragraph (1), references to benefits under a pension arrangement include any benefits by way of pension, whether under a pension arrangement or not.".

     2.  - (1) Article 27C of that Order is amended as follows.

    (2) In paragraph (1), for "scheme" there is substituted "arrangement".

    (3) In paragraph (2) - 

(a) in sub-paragraph (a) - 


(i) for the words from "trustees" to "have" there is substituted

"person responsible for the pension arrangement in question has", and

(ii) for "them" there is substituted "him", and



(b) in sub-paragraph (c), for "trustees or managers of the pension scheme" there is substituted "person responsible for the pension arrangement".

    (4) In paragraph (3) - 

(a) for "trustees or managers" there is substituted "person responsible for the arrangement", and

(b) for "the trustees, or managers," there is substituted "his".

    (5) At the end there is added - 

    " (4) The powers conferred by this Article may not be exercised in relation to a pension arrangement which - 


(a) is the subject of a pension sharing order in relation to the marriage, or

(b) has been the subject of pension sharing between the parties to the marriage.".

     3.  - (1) Article 27D of that Order is amended as follows.

    (2) For paragraph (1) there is substituted - 

    " (1) Where - 


(a) an order made under Article 25 by virtue of Article 27B or 27C imposes any requirement on the person responsible for a pension arrangement ("the first arrangement") and the party with pension rights acquires rights under another pension arrangement ("the new arrangement") which are derived (directly or indirectly) from the whole of his rights under the first arrangement, and

(b) the person responsible for the new arrangement has been given notice in accordance with regulations made by the Lord Chancellor,



the order shall have effect as if it had been made instead in respect of the person responsible for the new arrangement.".

    (3) In paragraph (2) - 

(a) for "Regulations may" there is substituted "The Lord Chancellor may by regulations",

(b) in sub-paragraph (a) for "trustees or managers of a pension scheme" there is substituted "person responsible for a pension arrangement",

(c) after that sub-paragraph there is inserted - 


" (aa) make, in relation to payment under a mistaken belief as to the continuation in operation of a provision included by virtue of Article 27B or 27C in an order under Article 25, provision about the rights or liabilities of the payer, the payee or the person to whom the payment was due;",



(d) after sub-paragraph (b) there is inserted - 



" (ba) make provision for the person responsible for a pension arrangement to be discharged in prescribed circumstances from a requirement imposed by virtue of Article 27B or 27C;",



(e) sub-paragraphs (c) and (d) are omitted,

(f) for sub-paragraph (e) there is substituted - 



" (e) make provision about calculation and verification in relation to the valuation of - 


(i) benefits under a pension arrangement, or

(ii) shareable state scheme rights,



for the purposes of the court's functions in connection with the exercise of any of its powers under this Part.", and



(g) the words after sub-paragraph (e) are omitted.

    (4) After that paragraph there is inserted - 

    " (2A) Regulations under paragraph (2)(e) may include - 


(a) provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person, and

(b) provision by reference to regulations under Article 27 or 46(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999.



    (2B) Regulations under this Article shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.".

    (5) For paragraphs (3) and (4) there is substituted - 

    " (3) In this Article and Articles 27B and 27C - 


"occupational pension scheme" has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;
"the party with pension rights" means the party to the marriage who has or is likely to have benefits under a pension arrangement and
"the other party" means the other party to the marriage;
"pension arrangement" means - 
(a) an occupational pension scheme,

(b) a personal pension scheme,

(c) a retirement annuity contract,

(d) an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme, and

(e) an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 or under section 29(1)(b) of the Welfare Reform and Pensions Act 1999;


"personal pension scheme" has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;
"prescribed" means prescribed by regulations;
"retirement annuity contract" means a contract or scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;
"shareable state scheme rights" has the same meaning as in Article 23A(1); and
"trustees or managers", in relation to an occupational pension scheme or a personal pension scheme, means - 
(a) in the case of a scheme established under a trust, the trustees of the scheme, and

(b) in any other case, the managers of the scheme.



    (4) In this Article and Articles 27B and 27C, references to the person responsible for a pension arrangement are - 



(a) in the case of an occupational pension scheme or a personal pension scheme, to the trustees or managers of the scheme,

(b) in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of "pension arrangement", the provider of the annuity, and

(c) in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer.".

(a) a funded occupational pension scheme, or

(b) a personal pension scheme.

    (2) The trustees or managers of the scheme from which a pension credit to which this paragraph applies derives may discharge their liability in respect of the credit by conferring appropriate rights under that scheme on the person entitled to the credit - 

(a) with his consent, or

(b) in accordance with regulations made by the Department.

    (3) The trustees or managers of the scheme from which a pension credit to which this paragraph applies derives may discharge their liability in respect of the credit by paying the amount of the credit to the person responsible for a qualifying arrangement with a view to acquiring rights under that arrangement for the person entitled to the credit if - 

(a) the qualifying arrangement is not disqualified as a destination for the credit,

(b) the person responsible for that arrangement is able and willing to accept payment in respect of the credit, and

(c) payment is made with the consent of the person entitled to the credit, or in accordance with regulations made by the Department.

    (4) For the purposes of sub-paragraph (2), no account is to be taken of the consent of the person entitled to the pension credit unless - 

(a) it is given after receipt of notice in writing of an offer to discharge liability in respect of the credit by making a payment under sub-paragraph (3), or

(b) it is not withdrawn within 7 days of receipt of such notice.

Unfunded public service pension schemes

     2.  - (1) This paragraph applies to a pension credit which derives from an occupational pension scheme which is - 

(a) not funded, and

(b) a public service pension scheme.

    (2) The trustees or managers of the scheme from which a pension credit to which this paragraph applies derives may discharge their liability in respect of the credit by conferring appropriate rights under that scheme on the person entitled to the credit.

    (3) If such a scheme as is mentioned in sub-paragraph (1) is closed to new members, the appropriate authority in relation to that scheme may by regulations specify another public service pension scheme as an alternative to it for the purposes of this paragraph.

    (4) Where the trustees or managers of a scheme in relation to which an alternative is specified under sub-paragraph (3) are subject to liability in respect of a pension credit, they may - 

(a) discharge their liability in respect of the credit by securing that appropriate rights are conferred on the person entitled to the credit by the trustees or managers of the alternative scheme, and

(b) for the purpose of so discharging their liability, require the trustees or managers of the alternative scheme to take such steps as may be required.

    (5) In sub-paragraph (3), "the appropriate authority", in relation to a public service pension scheme, means such Minister of the Crown or government department as may be designated by the Treasury or the Department of Finance and Personnel as having responsibility for the scheme.

(a) not funded, and

(b) not a public service pension scheme.

    (2) The trustees or managers of the scheme from which a pension credit to which this paragraph applies derives may discharge their liability in respect of the credit by conferring appropriate rights under that scheme on the person entitled to the credit.

    (3) The trustees or managers of the scheme from which a pension credit to which this paragraph applies derives may discharge their liability in respect of the credit by paying the amount of the credit to the person responsible for a qualifying arrangement with a view to acquiring rights under that arrangement for the person entitled to the credit if - 

(a) the qualifying arrangement is not disqualified as a destination for the credit,

(b) the person responsible for that arrangement is able and willing to accept payment in respect of the credit, and

(c) payment is made with the consent of the person entitled to the credit, or in accordance with regulations made by the Department.

Other pension arrangements

     4.  - (1) This paragraph applies to a pension credit which derives from - 

(a) a retirement annuity contract,

(b) an annuity or insurance policy purchased or transferred for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme, or

(c) an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit.

    (2) The person responsible for the pension arrangement from which a pension credit to which this paragraph applies derives may discharge his liability in respect of the credit by paying the amount of the credit to the person responsible for a qualifying arrangement with a view to acquiring rights under that arrangement for the person entitled to the credit if - 

(a) the qualifying arrangement is not disqualified as a destination for the credit,

(b) the person responsible for that arrangement is able and willing to accept payment in respect of the credit, and

(c) payment is made with the consent of the person entitled to the credit, or in accordance with regulations made by the Department.

    (3) The person responsible for the pension arrangement from which a pension credit to which this paragraph applies derives may discharge his liability in respect of the credit by entering into an annuity contract with the person entitled to the credit if the contract is not disqualified as a destination for the credit.

    (4) The person responsible for the pension arrangement from which a pension credit to which this paragraph applies derives may, in such circumstances as the Department may prescribe by regulations, discharge his liability in respect of the credit by assuming an obligation to provide an annuity for the person entitled to the credit.

    (5) In sub-paragraph (1)(c), "pension credit" includes a credit under section 29(1)(b) of the Welfare Reform Act.

(a) they are conferred with effect from, and including, the day on which the order, or provision, under which the credit arises takes effect, and

(b) their value, when calculated in accordance with regulations made by the Department, equals the amount of the credit.

Qualifying arrangements

     6.  - (1) The following are qualifying arrangements for the purposes of this Schedule - 

(a) an occupational pension scheme,

(b) a personal pension scheme,

(c) an appropriate annuity contract,

(d) an appropriate policy of insurance, and

(e) an overseas arrangement within the meaning of the Contracting-out (Transfer and Transfer Payment) Regulations (Northern S.R. 1996/618. Ireland) 1996.

    (2) An annuity contract or policy of insurance is appropriate for the purposes of sub-paragraph (1) if, at the time it is entered into or taken out, the insurance company with which it is entered into or taken out - 

(a) is carrying on ordinary long-term insurance business in the United Kingdom or any other member State, and

(b) satisfies such requirements as the Department may prescribe by regulations.

    (3) In this paragraph "ordinary long-term insurance business" has the same meaning as in theInsurance Companies Act 1982.

(a) it is also approved for those purposes, or

(b) it satisfies such requirements as the Department may prescribe by regulations.

    (2) If the rights by reference to which the amount of a pension credit is determined are or include contracted-out rights or safeguarded rights, an arrangement is disqualified as a destination for the credit unless - 

(a) it is of a description prescribed by the Department by regulations, and

(b) it satisfies such requirements as the Department may so prescribe.

    (3) An occupational pension scheme is disqualified as a destination for a pension credit unless the rights to be acquired under the arrangement by the person entitled to the credit are rights whose value, when calculated in accordance with regulations made by the Department, equals the credit.

    (4) An annuity contract or insurance policy is disqualified as a destination for a pension credit in such circumstances as the Department may prescribe by regulations.

    (5) The requirements which may be prescribed under sub-paragraph (1)(b) include, in particular, requirements of the Inland Revenue.

    (6) In sub-paragraph (2) - 

"contracted-out rights" means such rights under, or derived from - 

(a) an occupational pension scheme contracted-out by virtue of section 5(2) or (3) of the Pension Schemes Act, or

(b) a personal pension scheme which is an appropriate scheme for the purposes of that Act, as the Department may prescribe by regulations;

"safeguarded rights" has the meaning given by section 64A of the Pension Schemes Act.

(a) a pension credit derives from an occupational pension scheme,

(b) the scheme is one to which Article 56 of the Pensions Order (minimum funding requirement for funded salary related schemes) applies,

(c) the scheme is underfunded on the valuation day, and

(d) such circumstances as the Department may prescribe by regulations apply,

paragraph 1(3) shall have effect in relation to the credit as if the reference to the amount of the credit were to such lesser amount as may be determined in accordance with regulations made by the Department.

    (2) Whether a scheme is underfunded for the purposes of sub-paragraph (1)(c) shall be determined in accordance with regulations made by the Department.

    (3) For the purposes of that provision, the valuation day is the day by reference to which the cash equivalent on which the amount of the pension credit depends falls to be calculated.

     9. If - 

(a) a person's shareable rights under a pension arrangement have become subject to a pension debit, and

(b) the person responsible for the arrangement makes a payment which is referable to those rights without knowing of the pension debit,

this Schedule shall have effect as if the amount of the corresponding pension credit were such lesser amount as may be determined in accordance with regulations made by the Department.

     10. The Department may by regulations make provision for paragraph 1(3), 3(3) or 4(2) to have effect, where payment is made after the end of the implementation period for the pension credit, as if the reference to the amount of the credit were to such larger amount as may be determined in accordance with the regulations.

"funded", in relation to an occupational pension scheme, means that the scheme meets its liabilities out of a fund accumulated for the purpose during the life of the scheme;

"public service pension scheme" has the same meaning as in the Pension Schemes Act.

" Reduction of additional pension in Category A retirement pension: pension sharing.
     45B.  - (1) The weekly rate of the additional pension in a Category A retirement pension shall be reduced as follows in any case where - 


(a) the pensioner has become subject to a state scheme pension debit, and

(b) the debit is to any extent referable to the additional pension.



    (2) If the pensioner became subject to the debit in or after the final relevant year, the weekly rate of the additional pension shall be reduced by the appropriate weekly amount.

    (3) If the pensioner became subject to the debit before the final relevant year, the weekly rate of the additional pension shall be reduced by the appropriate weekly amount multiplied by the relevant revaluation percentage.

    (4) The appropriate weekly amount for the purposes of subsections (2) and (3) above is the weekly rate, expressed in terms of the valuation day, at which the cash equivalent, on that day, of the pension mentioned in subsection (5) below is equal to so much of the debit as is referable to the additional pension.

    (5) The pension referred to above is a notional pension for the pensioner by virtue of section 44(3)(b) above which becomes payable on the later of - 



(a) his attaining pensionable age, and

(b) the valuation day.



    (6) For the purposes of subsection (3) above, the relevant revaluation percentage is the percentage specified, in relation to earnings factors for the tax year in which the pensioner became subject to the debit, by the last order under section 130 of the Administration Act to come into operation before the end of the final relevant year.

    (7) Cash equivalents for the purposes of this section shall be calculated in accordance with regulations.

    (8) In this section - 



"final relevant year" means the tax year immediately preceding that in which the pensioner attains pensionable age;
"state scheme pension debit" means a debit under Article 46(1)(a) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (debit for the purposes of this Part of this Act);
"valuation day" means the day on which the pensioner became subject to the state scheme pension debit.".

     3. After section 55 there is inserted - 

" Shared additional pension
Shared additional pension.
     55A.  - (1) A person shall be entitled to a shared additional pension if he is - 


(a) over pensionable age, and

(b) entitled to a state scheme pension credit.



    (2) A person's entitlement to a shared additional pension shall continue throughout his life.

    (3) The weekly rate of a shared additional pension shall be the appropriate weekly amount, unless the pensioner's entitlement to the state scheme pension credit arose before the final relevant year, in which case it shall be that amount multiplied by the relevant revaluation percentage.

    (4) The appropriate weekly amount for the purposes of subsection (3) above is the weekly rate, expressed in terms of the valuation day, at which the cash equivalent, on that day, of the pensioner's entitlement, or prospective entitlement, to the shared additional pension is equal to the state scheme pension credit.

    (5) The relevant revaluation percentage for the purposes of that subsection is the percentage specified, in relation to earnings factors for the tax year in which the entitlement to the state scheme pension credit arose, by the last order under section 130 of the Administration Act to come into operation before the end of the final relevant year.

    (6) Cash equivalents for the purposes of this section shall be calculated in accordance with regulations.

    (7) In this section - 



"final relevant year" means the tax year immediately preceding that in which the pensioner attains pensionable age;
"state scheme pension credit" means a credit under Article 46(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (credit for the purposes of this Part of this Act);
"valuation day" means the day on which the pensioner becomes entitled to the state scheme pension credit.

Reduction of shared additional pension: pension sharing.
     55B.  - (1) The weekly rate of a shared additional pension shall be reduced as follows in any case where - 



(a) the pensioner has become subject to a state scheme pension debit, and

(b) the debit is to any extent referable to the pension.



    (2) If the pensioner became subject to the debit in or after the final relevant year, the weekly rate of the pension shall be reduced by the appropriate weekly amount.

    (3) If the pensioner became subject to the debit before the final relevant year, the weekly rate of the additional pension shall be reduced by the appropriate weekly amount multiplied by the relevant revaluation percentage.

    (4) The appropriate weekly amount for the purposes of subsections (2) and (3) above is the weekly rate, expressed in terms of the valuation day, at which the cash equivalent, on that day, of the pension mentioned in subsection (5) below is equal to so much of the debit as is referable to the shared additional pension.

    (5) The pension referred to above is a notional pension for the pensioner by virtue of section 55A above which becomes payable on the later of - 



(a) his attaining pensionable age, and

(b) the valuation day.



    (6) For the purposes of subsection (3) above, the relevant revaluation percentage is the percentage specified, in relation to earnings factors for the tax year in which the pensioner became subject to the debit, by the last order under section 130 of the Administration Act to come into operation before the end of the final relevant year.

    (7) Cash equivalents for the purposes of this section shall be calculated in accordance with regulations.

    (8) In this section - 



"final relevant year" means the tax year immediately preceding that in which the pensioner attains pensionable age;
"state scheme pension debit", means a debit under Article 46(1)(a) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (debit for the purposes of this Part of this Act);
"valuation day" means the day on which the pensioner became subject to the state scheme pension debit.

Increase of shared additional pension where entitlement is deferred.
     55C.  - (1) For the purposes of this section, 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 to such a pension 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.

    (2) Where a person's entitlement to a shared additional pension is deferred, the rate of his shared additional pension shall be increased by an amount equal to the aggregate of the increments to which he is entitled under subsection (3) below, but only if that amount is enough to increase the rate of the pension by at least one per cent.

    (3) A person is entitled to an increment under this subsection for each complete incremental period in his period of enhancement.

    (4) The amount of the increment for an incremental period shall be 1/7th per cent. of the weekly rate of the shared additional pension to which the person would have been entitled for the period if his entitlement had not been deferred.

    (5) Amounts under subsection (4) above shall be rounded to the nearest penny, taking any 1/2p as nearest to the next whole penny.

    (6) Where an amount under subsection (4) above would, apart from this subsection, be a sum less than 1/2p, the amount shall be taken to be zero, notwithstanding any other provision of this Act, the Pensions (Northern Ireland) Order 1995 or the Administration Act.

    (7) Where one or more orders have come into operation under section 132 of the Administration Act during the period of enhancement, the rate for any incremental period shall be determined as if the order or orders had come into operation before the beginning of the period of enhancement.

    (8) The sums which are the increases in the rates of shared additional pensions under this section are subject to alteration by order made by the Department under section 132 of the Administration Act.

    (9) In this section - 



"incremental period" means any period of six days which are treated by regulations as days of increment for the purposes of this section in relation to the person and pension in question; and
"period of enhancement", in relation to that person and that pension, means the period which - 
(a) begins on the same day as the period of deferment in question, and

(b) ends on the same day as that period or, if earlier, on the day before the 5th anniversary of the beginning of that period.".

" "joint-claim couple" and "joint-claim jobseeker's allowance" have the meanings given by Article 3(4);".

    (4) After the definition of "National Insurance Fund" insert - 

" "the nominated member", in relation to a joint-claim couple, shall be construed in accordance with Article 5B(4);".

     3.  - (1) Article 3 (entitlement to jobseeker's allowance) is amended as follows.

    (2) In paragraph (2) (conditions of entitlement), for sub-paragraph (d) (claimant must satisfy conditions set out in Article 4 or 5) substitute - 

" (d) satisfies the conditions set out in Article 4;".

    (3) After paragraph (2) insert - 

    " (2A) Subject to the provisions of this Order, a claimant who is not a member of a joint-claim couple is entitled to a jobseeker's allowance if he satisfies - 


(a) the conditions set out in sub-paragraphs (a) to (c) and (e) to (i) of paragraph (2); and

(b) the conditions set out in Article 5.



    (2B) Subject to the provisions of this Order, a joint-claim couple are entitled to a jobseeker's allowance if - 



(a) a claim for the allowance is made jointly by the couple;

(b) each member of the couple satisfies the conditions set out in sub-paragraphs (a) to (c) and (e) to (i) of paragraph (2); and

(c) the conditions set out in Article 5A are satisfied in relation to the couple.



    (2C) Regulations may prescribe circumstances in which paragraph (2A) is to apply to a claimant who is a member of a joint-claim couple.

    (2D) Regulations may, in respect of cases where a person would (but for the regulations) be a member of two or more joint-claim couples, make provision for only one of those couples to be a joint-claim couple; and the provision which may be so made includes provision for the couple which is to be the joint-claim couple to be nominated - 



(a) by the persons who are the members of the couples, or

(b) in default of one of the couples being so nominated, by the Department.".

    (4) In paragraph (4) - 

(a) in the definition of "an income-based jobseeker's allowance", at the end insert "or a joint-claim jobseeker's allowance;" and

(b) after that definition insert - 

" "a joint-claim couple" means a married or unmarried couple who - 
(a) are not members of any family whose members include a person in respect of whom a member of the couple is entitled to child benefit, and

(b) are of a prescribed description;


"a joint-claim jobseeker's allowance" means a jobseeker's allowance entitlement to which arises by virtue of paragraph (2B).".

     4. In Article 4(1) (the contribution-based conditions), for "Article 3(2)(d)(i)" substitute "Article 3(2)(d)".

     5.  - (1) In paragraph (1) of Article 5 (the income-based conditions), for

"Article 3(2)(d)(ii)" substitute "Article 3(2A)(b)".

    (2) After that Article insert - 

" The conditions for claims by joint-claim couples
     5A.  - (1) The conditions referred to in Article 3(2B)(c) are - 


(a) that the income of the joint-claim couple does not exceed the applicable amount (determined in accordance with regulations under Article 6) or the couple have no income;

(b) that no member of a family of which the couple are members is entitled to income support;

(c) that no member of any such family (other than the couple) is entitled to an income-based jobseeker's allowance;

(d) that at least one member of the couple has reached the age of 18; and

(e) that if only one member of the couple has reached the age of 18, the other member of the couple is a person - 


(i) in respect of whom a direction under Article 18 is in force; or

(ii) who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16.



    (2) Paragraphs (2) and (4) of Article 5 shall apply in relation to a member of the couple to whom paragraph (1)(e)(i) or (ii) applies as they apply in relation to a claimant to whom paragraph (1)(f)(ii) or (iii) of that Article applies.

    (3) In paragraph (1)(e)(ii) "period" shall be construed in accordance with Article 5(3).

Joint-claim couples: the nominated member
     5B.  - (1) Where a joint-claim couple make a claim for a joint-claim jobseeker's allowance, they may nominate one of them as the member of the couple to whom the allowance is to be payable.

    (2) In default of one of them being so nominated, the allowance shall be payable to whichever of them is nominated by the Department.

    (3) Paragraphs (1) and (2) have effect subject to Article 6A(4) and (7).

    (4) In this Order references to the nominated member of a joint-claim couple are, except where Article 22A(7) applies, to the member of the couple nominated under paragraph (1) or (2); and where Article 22A(7) applies, references to the nominated member of such a couple are to the member of the couple to whom Article 22A(7) provides for the allowance to be payable.

    (5) Nothing in this Article or Article 22A(7) affects the operation of any statutory provision by virtue of which any amount of the allowance is required or authorised to be paid to someone other than the nominated member of the couple.".

     6.  - (1) Article 6 (amount of jobseeker's allowance) is amended as follows.

    (2) In paragraph (3) (amount payable in respect of an income-based jobseeker's allowance), after "allowance" insert "(other than a joint-claim jobseeker's allowance)".

    (3) After paragraph (3) insert - 

    " (3A) In the case of a joint-claim jobseeker's allowance, the amount payable in respect of a joint-claim couple shall be - 


(a) if the couple have no income, the applicable amount;

(b) if the couple have an income, the amount by which the applicable amount exceeds the couple's income.".

    (4) After paragraph (11) insert - 

    " (11A) In paragraphs (6) to (11) "claimant" does not include - 


(a) a joint-claim couple, or

(b) a member of such a couple (other than a person to whom regulations under Article 3(2C) apply);



but Article 6A, which contains corresponding provisions relating to joint-claim couples, applies instead.".

     7. After Article 6 insert - 

" Amount payable in respect of joint-claim couple
     6A.  - (1) This Article applies where - 


(a) a joint-claim couple are entitled to a joint-claim jobseeker's allowance, and

(b) one or each of the members of the couple is in addition entitled to a contribution-based jobseeker's allowance;



and in such a case the provisions of this Article have effect in relation to the couple in place of Article 6(3A).

    (2) If a joint-claim couple falling within paragraph (1) have no income, the amount payable in respect of the couple by way of a jobseeker's allowance shall be - 



(a) the applicable amount, if that is greater than the couple's personal rate; and

(b) the couple's personal rate, if it is not.



    (3) Where the amount payable in accordance with paragraph (2) is the applicable amount, the amount payable in respect of the couple by way of a jobseeker's allowance shall be taken to consist of two elements - 



(a) one being an amount equal to the couple's personal rate; and

(b) the other being an amount equal to the excess of the applicable amount over the couple's personal rate.



    (4) Where the amount payable in accordance with paragraph (2) is the couple's personal rate, then - 



(a) if each member of the couple is entitled to a contribution-based jobseeker's allowance, an amount equal to the member's own personal rate shall be payable in respect of the member by way of such an allowance;

(b) if only one of them is so entitled, an amount equal to that member's personal rate shall be payable in respect of the member by way of such an allowance;



and in either case nothing shall be payable in respect of the couple by way of a joint-claim jobseeker's allowance.

    (5) If a joint-claim couple falling within paragraph (1) have an income, the amount payable in respect of the couple by way of a jobseeker's allowance shall be - 



(a) the amount by which the applicable amount exceeds the couple's income, if the amount of that excess is greater than the couple's personal rate; and

(b) the couple's personal rate, if it is not.



    (6) Where the amount payable in accordance with paragraph (5) is the amount by which the applicable amount exceeds the couple's income, the amount payable in respect of the couple by way of a jobseeker's allowance shall be taken to consist of two elements - 



(a) one being an amount equal to the couple's personal rate; and

(b) the other being an amount equal to the amount by which the difference between the applicable amount and the couple's income exceeds the couple's personal rate.



    (7) Where the amount payable in accordance with paragraph (5) is the couple's personal rate, paragraph (4) shall apply as it applies in a case where the amount payable in accordance with paragraph (2) is that rate.

    (8) The element of a jobseeker's allowance mentioned in paragraph (3)(a) and that mentioned in paragraph (6)(a) shall be treated, for the purpose of identifying the source of the allowance, as attributable - 



(a) in a case where only one member of the joint-claim couple is entitled to a contribution-based jobseeker's allowance, to that member's entitlement to such an allowance; and

(b) in a case where each member of the couple is entitled to a contribution-based jobseeker's allowance, rateably according to their individual entitlements to such an allowance.



    (9) The element of a jobseeker's allowance mentioned in paragraph (3)(b) and that mentioned in paragraph (6)(b) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the couple's entitlement to a joint-claim jobseeker's allowance.

    (10) In this Article "the couple's personal rate", in relation to a joint-claim couple, means - 



(a) where only one member of the couple is entitled to a contribution-based jobseeker's allowance, that member's personal rate;

(b) where each member of the couple is entitled to such an allowance, the aggregate of their personal rates.".

     8.  - (1) Article 10 (power to make regulations requiring attendance etc.) is amended as follows.

    (2) In paragraph (1), after "claimant" insert "(other than a joint-claim couple claiming a joint-claim jobseeker's allowance)".

    (3) After paragraph (1) insert - 

    " (1A) Regulations may make provision - 


(a) for requiring each member of a joint-claim couple claiming a joint-claim jobseeker's allowance to attend at such place and such time as the Department, or any other Department, may specify;

(b) for requiring a member of such a couple to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment;

(c) for requiring such a couple to jointly provide information and such evidence as may be prescribed as to the circumstances of each or either member of the couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment;

(d) where any requirement to provide information or evidence is imposed on such a couple by virtue of sub-paragraph (c), for the joint obligation of the couple to be capable of being discharged by the provision of the information or evidence by one member of the couple.".

    (4) In paragraph (2), after "Regulations under paragraph (1)" insert "or (1A)".

    (5) In paragraph (2)(a) (cases where entitlement to allowance may cease on account of non-compliance), after "in the case of a claimant who" insert ", or (as the case may be) a joint-claim couple claiming a joint-claim jobseeker's allowance a member of which,".

    (6) In paragraph (2)(b) (cases where entitlement to allowance may cease by reference to the time expired since the claimant's last attendance) - 

(a) after "he" insert "or, as the case may be, a member of the joint-claim couple"; and

(b) after "paragraph (1)(a)" insert "or (1A)(a)".

    (7) For sub-paragraph (c) of paragraph (2) (provision for entitlement not to cease where good cause shown) substitute - 

" (c) provide for entitlement not to cease if the claimant or (as the case may be) either member of the joint-claim couple shows, within a prescribed period of the failure to comply on the part of the claimant or (as the case may be) a member of the couple, that the claimant or (as the case may be) the defaulting member of the couple had good cause for that failure; and".

     9. In Article 11(12) (jobseeker's agreement ends when allowance ends), at the end insert "or to a joint-claim couple of which he is a member.".

     10.  - (1) Article 15 (income and capital for the purposes of an income-based allowance) is amended as follows.

    (2) After paragraph (2) insert - 

    " (2A) Paragraphs (1) and (2) do not apply as regards a joint-claim jobseeker's allowance; but a joint-claim couple shall not be entitled to a joint-claim jobseeker's allowance if the couple's capital, or a prescribed part of it, exceeds the prescribed amount.

    (2B) Where a joint-claim couple claim a joint-claim jobseeker's allowance - 


(a) the couple's income and capital includes the separate income and capital of each of them; and

(b) the income and capital of any other person who is a member of any family of which the couple are members shall, except in prescribed circumstances, be treated as income and capital of the couple.".

    (3) In paragraph (3) (treating capital as income), after "paragraph (1)" insert "or (2A)".

     11. After Article 17 (effect on family of one member being involved in a trade dispute) insert - 

" Trade disputes: joint-claim couples
     17A.  - (1) Articles 16 and 17 shall, in relation to a joint-claim couple claiming a joint-claim jobseeker's allowance, apply in accordance with this Article.

    (2) Where each member of the couple is prevented by Article 16 from being entitled to a jobseeker's allowance, the couple are not entitled to a joint-claim jobseeker's allowance.

    (3) But where only one member of the couple is prevented by that Article from being entitled to a jobseeker's allowance, the couple are not for that reason alone prevented from being entitled to a joint-claim jobseeker's allowance.

    (4) Article 17(1) does not have effect in relation to the couple but, except in prescribed circumstances, Article 17(2) applies for the purposes of calculating the couple's entitlement to a joint-claim jobseeker's allowance where - 


(a) a member of the couple, or

(b) any other person who is a member of any family of which the couple are members,



is, or would be, prevented by Article 16 from being entitled to a jobseeker's allowance.

    (5) Where Article 17(2) applies in relation to the couple by virtue of paragraph (4), that provision and Article 17(4) apply with the following modifications - 



(a) references to the claimant are to be taken as references to the couple;

(b) references to "A" are to the person mentioned in paragraph (4)(a) or (b);

(c) Article 17(2)(b) has effect as if for "where the claimant and A are a married or unmarried couple," there were substituted "where A is a member of the couple,"; and

(d) Article 17(2)(c)(ii) has effect as if for "of his family" there were substituted "of any family of which the couple are members".".

     12. In Article 19 (reduction of allowance payable to young persons), after paragraph (1) insert - 

    " (1A) Regulations may provide for the amount of a joint-claim jobseeker's allowance payable in respect of any joint-claim couple where a member of the couple is a young person to whom this Article applies to be reduced - 


(a) in such circumstances,

(b) by such a percentage, and

(c) for such a period,



as may be prescribed.".

     13. In Article 21 (allowance not payable though conditions for entitlement are satisfied), after paragraph (1) insert - 

    " (1A) Subject to Article 22A(9), this Article does not apply as regards a joint-claim jobseeker's allowance (but Articles 22A and 22B make, in relation to such an allowance, provision corresponding to that made by this Article and Article 22).".

     14. After Article 22 insert - 

" Denial or reduction of joint-claim jobseeker's allowance
     22A.  - (1) Where this Article applies to a member of a joint-claim couple, that member of the couple shall be subject to sanctions for the purposes of this Article.

    (2) This Article applies to a member of a joint-claim couple if that member of the couple - 


(a) has, without good cause, refused or failed to carry out any jobseeker's direction which was reasonable, having regard to his circumstances;

(b) has, without good cause - 


(i) neglected to avail himself of a reasonable opportunity of a place on a training scheme or employment programme;

(ii) after a place on such a scheme or programme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him;

(iii) given up a place on such a scheme or programme; or

(iv) failed to attend such a scheme or programme on which he has been given a place;



(c) has lost his place on such a scheme or programme through misconduct;

(d) has lost his employment as an employed earner through misconduct;

(e) has voluntarily left such employment without just cause;

(f) has, without good cause, after a situation in any employment has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or

(g) has, without good cause, neglected to avail himself of a reasonable opportunity of employment.



    (3) Where this Article applies to a member of a joint-claim couple by virtue of any of sub-paragraphs (a) to (c) of paragraph (2), the period for which he is to be subject to sanctions shall be such period (of at least one week but not more than 26 weeks) as may be prescribed.

    (4) Where this Article applies to a member of a joint-claim couple by virtue only of any of sub-paragraphs (d) to (g) of paragraph (2), the period for which he is to be subject to sanctions shall be such period (of at least one week but not more than 26 weeks) as may be determined by the Department.

    (5) Even though the conditions for entitlement to a joint-claim jobseeker's allowance are satisfied in relation to a joint-claim couple - 



(a) the allowance shall not be payable for any period during which both members of the couple are subject to sanctions; and

(b) the amount of the allowance payable in respect of the couple for any period during which only one member of the couple is subject to sanctions shall be reduced to an amount calculated by the prescribed method ("the reduced amount").



    (6) The method prescribed for calculating the reduced amount may, in particular, involve - 



(a) deducting amounts from, or making percentage reductions of, the amount which would be the amount of the allowance if neither member of the couple were subject to sanctions;

(b) disregarding portions of the applicable amount;

(c) treating amounts as being income or capital of the couple.



    (7) During any period for which the amount of a joint-claim jobseeker's allowance payable in respect of a joint-claim couple is the reduced amount, the allowance shall be payable to the member of the couple who is not subject to sanctions.

    (8) Regulations may prescribe - 



(a) circumstances which the Department is to take into account, and

(b) circumstances which it is not to take into account,



in determining a period under paragraph (4).

    (9) Paragraphs (7) to (10) of Article 21 apply for the purposes of this Article as for those of that Article but as if references in paragraph (10)(b) of that Article to the claimant were to the member of the joint-claim couple to whom paragraph (2)(a) applies.

Exemptions from Article 22A
     22B.  - (1) Article 22A shall not be taken to apply to a member of a joint-claim couple merely because he has refused to seek or accept employment in a situation which is vacant in consequence of a stoppage of work due to a trade dispute.

    (2) Article 22A does not apply to a member of a joint-claim couple by virtue of any of sub-paragraphs (a) to (c) of paragraph (2) of that Article if - 



(a) a direction is in force under Article 18 with respect to that member of the couple; and

(b) he has acted in such a way as to risk - 


(i) having that direction revoked under paragraph (3)(b) of Article 18, or

(ii) having the amount of the couple's entitlement to a joint-claim jobseeker's allowance reduced by virtue of Article 19 because the condition in Article 19(3)(b) or (c) is established.



    (3) Regulations shall make provision for the purpose of enabling any person of a prescribed description to accept any employed earner's employment without Article 22A applying to him by virtue of sub-paragraph (e) or (g) of paragraph (2) of that Article should he leave that employment voluntarily and without just cause at any time during a trial period.

    (4) In such circumstances as may be prescribed, a joint-claim jobseeker's allowance shall be payable in respect of a joint-claim couple even though Article 22A(5)(a) prevents payment of such a jobseeker's allowance to the couple.

    (5) A jobseeker's allowance shall be payable by virtue of paragraph (4) only if the couple have complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.

    (6) Regulations under paragraph (4) may, in particular, provide for a jobseeker's allowance payable by virtue of that paragraph to be - 



(a) payable at a prescribed rate;

(b) payable for a prescribed period (which may differ from the period during which both members of the couple are subject to sanctions for the purposes of Article 22A).



    (7) In paragraph (3), "trial period" has such meaning as may be prescribed.

    (8) Regulations may make provision for determining, for the purposes of this Article, the day on which a person's employment is to be regarded as commencing.".

     15.  - (1) Article 32 (termination of awards where another entitlement exists) is amended as follows.

    (2) In paragraph (1) (termination of award of income support where there will be an entitlement to a jobseeker's allowance), after "or where he is a member of a married or unmarried couple his partner" insert "or the couple".

    (3) In paragraph (2) (termination of award of a jobseeker's allowance where there will be an entitlement to income support), after "or where he is a member of a married or unmarried couple his partner," insert "or where the award was made to a couple a member of the couple,".

     16.  - (1) Schedule 1 (jobseeker's allowance: supplementary provisions) is amended as follows.

    (2) After paragraph 8 (entitlement without satisfying conditions) insert - 

     " 8A.  - (1) Regulations may prescribe circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker's allowance without each member of the couple satisfying all the conditions referred to in Article 3(2B)(b).

    (2) Regulations may prescribe circumstances in which, and a period for which, a transitional case couple may be entitled to a joint-claim jobseeker's allowance without having jointly made a claim for it.

    (3) In sub-paragraph (2) - 


(a) "a transitional case couple" means a joint-claim couple a member of which is entitled to an income-based jobseeker's allowance on the coming into operation of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999; and

(b) "period" shall be construed in accordance with Article 5(3).".

    (3) In paragraph 9(a) (rate of allowance payable under paragraph 8), after "paragraph 8" insert "or 8A".

    (4) After paragraph 9 insert - 

" Continuity of claims and awards: persons ceasing to be a joint-claim couple
     9A.  - (1) Regulations may make provision about the entitlement to a jobseeker's allowance of persons ("ex-members") who cease to be members of a joint-claim couple.

    (2) Regulations under this paragraph may, in particular, provide - 


(a) for treating each or either of the ex-members as having made any claim made by the couple or, alternatively, for any such claim to lapse;

(b) for any award made in respect of the couple to be replaced by an award (a "replacement award") in respect of each or either of the ex-members of the couple or, alternatively, for any such award to lapse.

Continuity of claims and awards: persons again becoming a joint-claim couple


     9B.  - (1) Regulations may make provision about the entitlement to a jobseeker's allowance of persons ("ex-members") who, having ceased to be members of a joint-claim couple, again become the members of a joint-claim couple.

    (2) Regulations under this paragraph may, in particular, provide - 



(a) for any claim made by the ex-members when they were previously a joint-claim couple to be revived or otherwise given effect as a claim made by the couple;

(b) for any award made in respect of the ex-members when they were previously a joint-claim couple to be restored;

(c) for any such award, or any replacement award (within the meaning of paragraph 9A) made in respect of either of them, to be replaced by an award (a "new award") in respect of the couple.

Continuity of claims and awards: couple becoming a joint-claim couple


     9C.  - (1) Regulations may make provision about the entitlement to a jobseeker's allowance of persons who become members of a joint-claim couple as a result of the married or unmarried couple of which they are members becoming a joint-claim couple.

    (2) Regulations under this paragraph may, in particular, provide - 



(a) for any claim made by either member of the couple before the couple became a joint-claim couple to be given effect as a claim made by the couple;

(b) for any award, or any replacement award (within the meaning of paragraph 9A), made in respect of either member of the couple before the couple became a joint-claim couple to be replaced by an award (a "new award") in respect of the couple.

Paragraphs 9A to 9C: supplementary


     9D.  - (1) Regulations may provide, in relation to any replacement award (within the meaning of paragraph 9A) or new award (within the meaning of paragraph 9B or 9C) - 



(a) for the award to be of an amount determined in a prescribed manner;

(b) for entitlement to the award to be subject to compliance with prescribed requirements as to the provision of information and evidence.



    (2) In paragraphs 9A to 9C and this paragraph - 



"award" means an award of a jobseeker's allowance;
"claim" means a claim for a jobseeker's allowance.".

    (5) For paragraph 10(1) (entitlement before claim determined) substitute - 

    " (1) In such circumstances as may be prescribed - 


(a) a claimant for a jobseeker's allowance other than a joint-claim jobseeker's allowance,

(b) a joint-claim couple claiming a joint-claim jobseeker's allowance, or

(c) a member of such a couple,



may be treated as being entitled to an income-based jobseeker's allowance before his or (as the case may be) the couple's claim for the allowance has been determined.".

    (6) In paragraph 10(2) (allowance where payment suspended), for "to a claimant even though payment to him" substitute

" to - 
(a) a claimant of a jobseeker's allowance other than a joint-claim jobseeker's allowance,

(b) a joint-claim couple claiming a joint-claim jobseeker's allowance, or

(c) a member of such a couple,



even though payment to him or (as the case may be) the couple".

    (7) In paragraph 10(3) (information to be supplied to obtain payments under sub-paragraph (1) or (2)), after "the claimant" insert "or (as the case may be) the couple or the member of the couple".

" "claimant", in relation to a joint-claim couple claiming a joint-claim jobseeker's allowance (within the meaning of the Jobseekers Order), means the couple or either member of the couple;".

(a) in paragraph (e), omit sub-paragraph (i); and

(b) after that paragraph insert - 


" (ea) bereavement benefits, comprising - 


(i) bereavement payment;

(ii) widowed parent's allowance (with increase for child dependants);

(iii) bereavement allowance;".

    (3) In subsection (2), in the definition of "long-term benefit", after paragraph (b) insert - 

" (ba) a widowed parent's allowance;

(bb) a bereavement allowance;".

     3.  - (1) Section 21 (contribution conditions) is amended as follows.

    (2) In subsection (2) - 

(a) for "Widow's payment" substitute "Bereavement payment"; and

(b) after the entry relating to widowed mother's allowance insert - 



Widowed parent's allowance	Class 1, 2 or 3
Bereavement allowance	Class 1, 2 or 3".

    (3) In subsection (4), for "widow's payment" substitute "bereavement payment".

     4. In section 46(2) (modifications of s. 45 for calculating additional pension in certain benefits) - 

(a) after "section 39(1)" insert "or 39C(1)"; and

(b) for "or 48B(2)" substitute ", 48B(2) or 48BB(5)".

     5. In section 48B (Category B retirement pension for widows and widowers), at the end add - 

    " (8) Nothing in subsections (4) to (7) above applies in a case where the spouse dies on or after the appointed day (as defined by section 36A(3)).".

     6. In section 48C(4) (Category B retirement pension: general), for "or 48B(2)" substitute ", 48B(2) or 48BB(5)".

     7.  - (1) Section 60 (partial failure to satisfy contribution conditions) is amended as follows.

    (2) In subsection (1), after paragraph (a) insert - 

" (aa) a widowed parent's allowance,

(ab) a bereavement allowance,".

    (3) In subsection (3) - 

(a) for paragraph (a) substitute - 


" (a) a bereavement payment;"; and



(b) after paragraph (b) insert - 



" (ba) a widowed parent's allowance,

(bb) a bereavement allowance,"; and



(c) in paragraph (d), after "48B" insert "or 48BB".

     8. In section 61(1) (exclusion of increase of benefit for failure to satisfy contribution conditions), after "widowed mother's allowance" insert "or widowed parent's allowance".

     9. In section 61A(3) (contributions paid in error) - 

(a) at the end of paragraph (b) insert "(payment by virtue of section 48B or 48BB above)"; and

(b) after "widow's pension," insert - 


" (ca) widowed parent's allowance,".

     10. In section 80(5) (beneficiary's dependent children) - 

(a) for "payable by virtue of subsection (1)(a) of section 37" substitute "or a widowed parent's allowance payable by virtue of section 37(1)(a) or (as the case may be) section 39A(2)(a)"; and

(b) for "subsection (2)(a), (b) or (c) of that section" substitute "section 37(2)(a), (b) or (c) or (as the case may be) section 39A(3)(a), (b) or (c)".

     11. In section 146 (interpretation of provisions relating to Christmas bonus), in subsection (1)(c), after "allowance" insert ", widowed parent's allowance".

     12.  - (1) Schedule 3 (contribution conditions for entitlement to benefit) is amended as follows.

    (2) In paragraph 4(1) (contribution condition for widow's payment) and in the cross-heading preceding paragraph 4, for "widow's payment" and

"Widow's payment" substitute "bereavement payment" and "Bereavement payment" respectively.

    (3) In paragraph 5(1) (contribution conditions for widowed mother's allowance, widow's pension etc.), after "allowance," insert "a widowed parent's allowance, a bereavement allowance,"; and in the cross-heading preceding paragraph 5, after "allowance" insert ", widowed parent's allowance, bereavement allowance".

    (4) In paragraph 7(1) and (3) (satisfaction of conditions in early years of contribution), for "widow's payment" substitute "bereavement payment".

    (5) In paragraph 9 (satisfaction of condition where condition for short-term benefit satisfied) - 

(a) for "a woman claims a widow's payment" substitute "a claim is made for a bereavement payment"; and

(b) for "widow's payment" (in the second place where it occurs) substitute "bereavement payment".

     13. In Part IV of Schedule 4 (increases for dependants) after the entry relating to widowed mother's allowance insert - 

4A. Widowed parent's allowance

11.35

-".

"widow's payment, she" substitute "bereavement payment, the person".

     16. For section 3 (and the cross-heading preceding it) substitute - 

" Bereavement benefits
Late claims for bereavement benefit where death is difficult to establish.
     3.  - (1) This section applies where a person's spouse has died or maybe presumed to have died on or after the appointed day and the circumstances are such that - 


(a) more than 12 months have elapsed since the date of death; and

(b) either - 


(i) the spouse's body has not been discovered or identified or, if it has been discovered and identified, the surviving spouse does not know that fact; or

(ii) less than 12 months have elapsed since the surviving spouse first knew of the discovery and identification of the body.



    (2) Where this section applies, notwithstanding that any time prescribed for making a claim for a bereavement benefit in respect of the death has elapsed, then - 



(a) in any case falling within paragraph (b)(i) of subsection (1) above, where it has been decided under Article 9 of the Social Security (Northern Ireland) Order 1998 that the spouse has died or is presumed to have died; or

(b) in any case falling within paragraph (b)(ii) of subsection (1) above where the identification was made not more than 12 months before the surviving spouse first knew of the discovery and identification of the body,



such a claim may be made or treated as made at any time before the expiration of the period of 12 months beginning with the date on which that decision was made or, as the case may be, the date on which the surviving spouse first knew of the discovery and identification.

    (3) If, in a case where a claim for a bereavement benefit is made or treated as made by virtue of this section, the claimant would, apart from subsection (2) of section 1 above, be entitled to - 



(a) a bereavement payment in respect of the spouse's death more than 12 months before the date on which the claim is made or treated as made; or

(b) any other bereavement benefit in respect of his or her death for a period more than 12 months before that date,



then, notwithstanding anything in that section, the surviving spouse shall be entitled to that payment or, as the case may be, to that other benefit (together with any increase under section 80(5) of the Contributions and Benefits Act).

    (4) In subsection (1) above "the appointed day" means the day appointed for the coming into operation of Articles 51 to 53 of the Welfare Reform and Pensions (Northern Ireland) Order 1999.".

    " (5A) This Article has effect in the case of additional pension falling to be calculated under sections 44 and 45 of the Contributions and Benefits Act by virtue of section 39C(1) of that Act (widowed parent's allowance), including Category B retirement pension payable under section 48BB(2), if the pensioner's spouse - 


(a) dies after 5th April 2000, and

(b) has not attained pensionable age on or before that date.".

    (4) In paragraph (6), for "or 48B(2)" substitute ", 48B(2) or 48BB(5)".

(a) in subsection (1), after "other than" insert "short-term incapacity benefit under subsection (1)(b) of section 30A below," and for

"30A below" substitute "subsection (5) of that section"; and

(b) in subsection (2), for "30A" substitute "30A(1)(a)".

     21. In section 30B (incapacity benefit: rate), at the end add - 

    " (8) This section has effect subject to sections 30DD (reduction for pension payments) and 30E (reduction for councillor's allowance) below.".

     22.  - (1) Section 167A (test of incapacity for work) is amended as follows.

    (2) After subsection (2) insert - 

    " (2A) In subsection (2)(a) above the reference to such information or evidence as is there mentioned includes information or evidence capable of being used for assisting or encouraging the person in question to obtain work or enhance his prospects of obtaining it.".

    (3) In subsection (3) (requirement to have medical examination), for "a question arises as to" substitute "it falls to be determined".

    (4) After subsection (4) add - 

    " (5) All information supplied in pursuance of this section shall be taken for all purposes to be information relating to social security.".

     23. In section 167B(1) (the "own occupation test"), for "the test applicable is the own occupation test" substitute "the own occupation test is applicable in his case.".

     24. In section 172 (Assembly, etc. control of regulations and orders), in subsection (2)(a), after "28(3)," insert "30DD(5)(b) or (c),".

(a) for the words from "rates" to "allowance, and" substitute "rate"; and

(b) for "the allowance in question" substitute "the allowance".

(a) for "satisfies both the contribution-based conditions and the income-based conditions" substitute "is entitled to both a contribution-based jobseeker's allowance and an income-based jobseeker's allowance"; and

(b) after "the amount payable" insert "by way of a jobseeker's allowance".

    (3) In Article 10 (attendance, information and evidence) - 

(a) in paragraph (1)(a) (power of Department to specify place and time for claimant to attend), for "the Department" substitute "an employment officer"; and

(b) at the end add - 

    " (3) In paragraph (1) "employment officer" means an officer of the Department, an officer of any other Department, or such other person as may be designated for the purposes of that paragraph by an order made by the Department.".

    (4) In Article 19(1) (reduction of allowance payable to young persons), for

"payable to" substitute "payable in respect of".

    (5) In Article 22(4) (allowance payable to claimant even though Article 21 prevents payment to him), for "payable to" substitute "payable in respect of".

    (6) In Article 37(3) (which specifies orders which are not subject to negative resolution), after "1(2)," insert "10(3),".

    (7) In paragraph 10(2) of Schedule 1 (allowance payable to claimant even though payment to him has been suspended), for "payable to" substitute "payable in respect of".

    " (4A) Subsection (4) above shall have effect with the omission of the words from "plus" to the end if the pensioner is not the widow or widower of the person by virtue of whose contributions the pension is payable.".

(a) any reference to a person authorised to exercise any function of the Housing Executive relating to housing benefit shall include a reference to a person providing services to the Housing Executive which relate to that benefit; and

(b) any reference to the exercise of any function relating to such a benefit shall include a reference to the provision of any services so relating.