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"the Act of 1971" means the Pensions (Increase) Act (Northern Ireland) 1971[6];

"basic rate" and "derivative pension" have the meanings given by section 15(1)[7] of the Act of 1971;

"existing Orders" means the Orders referred to in the Schedule;

"official pension" has the meaning given by section 5(1) of the Act of 1971;

"the Order of 1975" means the Social Security Pensions (Northern Ireland) Order 1975;

"pension authority" has the meaning given by section 7(1) of the Act of 1971;

"qualifying condition" means one of the conditions laid down in section 3 of the Act of 1971[8];

"relevant injury pension", "substituted pension" and "widow's pension" have the meanings given by section 15(1) of the Act of 1971.

    (2) For the purpose of this Order the time when a pension "begins" is that stated in section 8(2) of the Act of 1971[9], and the "beginning date" shall be construed accordingly.

    (3) Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.

Increases in certain pensions
     3.  - (1) The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased as set out in paragraphs (2) and (3) by the pension authority in respect of any period beginning on or after 11th April 2005.

    (2) A pension beginning before 12th April 2004 may be increased by 3.1 per cent of the basic rate as increased by the amount of any increase under section 1 of the Act of 1971 or the existing Orders.

    (3) A pension beginning on or after 12th April 2004 and before 11th April 2005 may be increased by 3.1 per cent multiplied by -

Increase in certain lump sums
     4. In respect of any lump sum or instalment of a lump sum which became payable before 11th April 2005 but on or after 12th April 2004 there may be paid an increase of 3.1 per cent of the amount of the lump sum or instalment (as increased by the amount of any increase under section 1 of the Act of 1971 or under the existing Orders) multiplied by -

Reduction in respect of guaranteed minimum pensions
     5. Where -

(a) a person is entitled to a guaranteed minimum pension on 11th April 2005; and

(b) entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises, the amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Department of Finance and Personnel[10] in accordance with the provisions of Article 69A[11] of the Order of 1975, otherwise directs.

     6. The amount by reference to which any increase in the rate of a widow's or widower's pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with Article 69(5ZA)[12] of the Order of 1975.



Sealed with the Official Seal of the Department of Finance and Personnel on


14th March 2005.

L.S.

Michael Daly
A senior officer of the Department of Finance and Personnel

[2] Contained in S.R. 2005 No. 82back

[3] See S.R. 1999 No. 481 Art. 8(b) and Schedule 6 Part IIback

[4] S.I. 1975/1503 (N.I. 15); Art. 69 was amended by S.I. 1979/396 (N.I. 5) Arts. 10(2), 16 and Sch. 3, S.I. 1985/1209 (N.I. 16) Art. 25(2) and Sch. 6, S.I. 1986/1888 (N.I. 18) Arts. 11(8), 19(1)(b), 83(1) and Sch. 9, para. 58, S.I. 1990/1509 (N.I. 13) Arts. 3(7) and 7, by section 4 and paragraph 14(19) of Schedule 2 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (1992 c. 9) and by section 184 of and paragraph 15(1) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (1993 c. 49). Article 69 is modified by Article 69A, which was inserted by Article 10(3) of the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. 5)), and amended by S.I. 1986/1888 (N.I. 18) Art. 11(9) and by section 184 of and paragraph 15(2) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993back

[5] By S.R. 1976 No. 281 Art. 3 and Sch. 1 and S.I. 1982/338 (N.I. 6) Art. 4back

[6] 1971 c. 35 (N.I.)back

[7] As amended by S.I. 1974/1267 (N.I. 2) Arts. 3(3) and 5(3)(b), S.I. 1990/1509 (N.I. 13) Art. 3(6) and S.I. 1999/3147 (N.I. 11) Art. 36(1) and (4)back

[8] As amended by S.R. & O. (N.I.) 1972 No. 264, S.I. 1974/1267 (N.I. 2) Art. 5(2) and (3), S.I. 1987/2203 (N.I. 22) Art. 72(3) and Sch. 5 Part I, S.I. 1990/1509 (N.I. 13) Art. 3, S.I. 1995/3213 (N.I. 22) Art. 163 and S.I. 1999/3147 (N.I. 11) Art. 36(1) and (2)back

[9] As amended by S.I. 1990/1509 (N.I. 13) Art. 3(5) and S.I. 1999/3147 (N.I. 11) Art.36 (1) and (3)back

[10] See S.I. 1982/338 (N.I. 6) Art. 4back

[11] Inserted by S.I. 1979/396 (N.I. 5) Art. 10back

[12] Inserted by S.I. 1990/1509 (N.I. 13) Art. 7(1)back

[13] S.R. & O. (N.I.) 1972 No. 263back

[14] S.R. & O. (N.I.) 1973 No. 364back

[15] S.R. 1974 No. 296back

[16] S.R. 1975 No. 269back

[17] S.R. 1976 No. 276back

[18] S.R. 1977 No. 277back

[19] S.R. 1978 No. 269back

[20] S.R. 1979 No. 338back

[21] S.R. 1980 No. 364back

[22] S.R. 1981 No. 307back

[23] S.R. 1982 No. 303back

[24] S.R. 1983 No. 289back

[25] S.R. 1984 No. 340back

[26] S.R. 1985 No. 268back

[27] S.R. 1986 No. 213back

[28] S.R. 1987 No. 70back

[29] S.R. 1988 No. 61back

[30] S.R. 1989 No. 72back

[31] S.R. 1990 No. 86back

[32] S.R. 1991 No. 84back

[33] S.R. 1992 No. 69back

[34] S.R. 1993 No. 125back

[35] S.R. 1994 No. 99back

[36] S.R. 1995 No. 39back

[37] S.R. 1996 No. 90back

[38] S.R. 1997 No. 124back

[39] S.R. 1998 No. 66back

[40] S.R. 1999 No. 109back

[41] S.R. 2000 No. 64back

[42] S.R. 2001 No. 94back

[43] S.R. 2002 No. 102back

[44] S.R. 2003 No. 169back

[45] S.R. 2004 No. 118back

 © Crown copyright 2005