Social Security Contributions and Benefits (Northern Ireland) Act 1992

Partial satisfaction of contribution conditions

60Partial satisfaction of contribution conditions

(1)Subject to the provisions of this section, regulations may provide for persons to be entitled to any of the following benefits, namely—

(a)a widowed mother’s allowance,

(b)a widow’s pension,

(c)a Category A retirement pension,

(d)a Category B retirement pension,

in cases where the first contribution condition specified in relation to that benefit in paragraph 5 of Schedule 3 to this Act is satisfied and the second contribution condition so specified is not.

(2)Subject to subsection (8) below, in any case where—

(a)an employed earner who is married dies as a result of—

(i)a personal injury of a kind mentioned in section 94(1) below, or

(ii)a disease or injury such as is mentioned in section 108(1) below, and

(b)the contribution conditions are not wholly satisfied in respect of him,

those conditions shall be taken to be satisfied for the purposes of his widow’s entitlement to any of the benefits specified in subsection (3) below.

(3)The benefits referred to in subsection (2) above are the following—

(a)a widow’s payment;

(b)a widowed mother’s allowance;

(c)a widow’s pension;

(d)a Category B retirement pension payable to a woman which is payable to her at the same rate as her widow’s pension or which falls within section 49(4) above.

(4)Subject to subsections (6) and (7) below, regulations under subsection (1) above shall provide for benefit payable by virtue of any such regulations to be payable at a rate, or to be of an amount, less than that which would be applicable under this Part of this Act had both of the relevant contribution conditions been fully satisfied.

(5)Subject to subsections (6) and (7) below, the rate or amount prescribed by regulations under subsection (1) above may vary with the extent to which the relevant contribution conditions are satisfied (and may be nil).

(6)The amount prescribed by regulations under subsection (1) above for any increase of benefit in respect of a child shall, subject to subsection (7) below, be the same as if both of the relevant contribution conditions had been fully satisfied.

(7)Regulations may provide that where—

(a)a person is entitled by virtue of subsection (1) above to a Category A or Category B retirement pension consisting only of the additional pension with no basic pension, and

(b)that retirement pension, and any graduated retirement benefit to which he may be entitled, together amount to less than the prescribed rate,

that person’s entitlement as respects that retirement pension shall be satisfied either altogether or for a prescribed period by the making of a single payment of the prescribed amount.

(8)Subsection (2) above only has effect where the employed earner’s death occurred on or after 11th April 1988.

61Exclusion of increase of benefit for failure to satisfy contribution condition

(1)A Category A or Category B retirement pension which is payable by virtue of section 60(1) above and a widowed mother’s allowance which is so payable shall not be increased under section 47(1) above or under Part IV below on account of a child or an adult if the pension or allowance contains no basic pension in consequence of a failure to satisfy a contribution condition.

(2)Where a person is entitled—

(a)to unemployment benefit at a rate determined under section 25(5) above;

(b)to sickness benefit at a rate determined under section 31(6) above; or

(c)to an invalidity pension at a rate determined under section 33(4) above,

and the retirement pension by reference to which the rate of the benefit or invalidity pension is determined—

(i)would have been payable only by virtue of section 60 above; and

(ii)would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension,

the benefit or invalidity pension shall not be increased under section 47(1) above or under Part IV below on account of a child or an adult.