PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 3 Qualifying conditions.

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PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 3

Qualifying conditions.

3.(1) A pension shall not be increased under this Part unless one of the
conditions laid down by this section (in this Act referred to as "qualifying
conditions") is satisfied [or the pension is a widow's pension].

(2) A pension payable in respect of the pensioner's own services shall not be
increased unless the pensioner

(a)has attained the age of [fifty-five years]; or

(b)has retired on account of physical or mental infirmity from the office or
employment in respect of which, or on retirement from which, the pension is
payable; or

(c)is a woman who has at least one dependant;

(3) A pension payable in respect of the services of any person other than the
pensioner, not being the pensioner's deceased husband, shall not be increased
unless the pensioner

(a)has attained the age of [fifty-five years]; or

(b)has not attained the age of [seventeen] years; or

(c)is receiving full-time instruction at an educational establishment; or

(d)is undergoing training for a trade, profession or vocation in such
circumstances that he is required to devote the whole of his time to that
training for a period of not less than two years; or

(e)is a woman who has at least one dependant;

Subs.(4) rep. by 1974 NI 2 art.5(3)

(5) For the purposes of this section, a pensioner shall be deemed to be
disabled by physical or mental infirmity if he is permanently incapacitated by
such infirmity from engaging in any regular full-time employment.

(6) Subject to subsection (7), "dependant" in this section means, in relation
to a pensioner, a person who the pension authority are satisfied is wholly or
mainly supported by the pensioner and who either has not attained the age of
[seventeen] years or is receiving full-time instruction at an educational
estblishment or is undergoing training as mentioned in subsection (3)(d).

(7) Where a pension payable to a woman at 31st August 1971 was then payable at
a rate increased under the Pensions (Increase) Acts (Northern Ireland) 1920 to
1969 by reason only that she was, and had since 1st April 1956 been, wholly or
mainly supporting another person, being either

(a)her, or her deceased husband's, father, mother, brother, sister, child,
uncle or aunt; or

(b)the child of any such person as is mentioned in paragraph (a); or

(c)her step-father or step-mother; or

(d)a person undergoing training for any trade, profession or vocation;

In this subsection "child" includes a step-child and an illegitimate child,
and includes also a child adopted in pursuance of an order made by any court
in the United Kingdom or adopted in accordance with the law of the place where
the adopter was domiciled at the time of the adoption.

Subs.(8) spent

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Northern Irish Legislation

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 3