Social Welfare Act 2012
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PART 2 Amendment of Social Welfare Acts | ||
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Calculation of yearly average and alternative yearly average for pension purposes. |
3.— (1) Section 108(2) of the Principal Act is amended— | |
(a) in the definition of “yearly average” by substituting“attaining pensionable age and where, in the case of a claim made on or after 13 July 1992, the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number;” for “attaining pensionable age;”, and | ||
(b) in the definition of “alternative yearly average” by substituting “attaining pensionable age and where, in the case of a claim made on or after 13 July 1992, the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.” for “attaining pensionable age.”. | ||
(2) Section 114(3) of the Principal Act is amended— | ||
(a) in the definition of “yearly average” by substituting“attaining the age of 65 years and where, in the case of a claim made on or after 13 July 1992, the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number;” for “attaining the age of 65 years;”, and | ||
(b) in the definition of “alternative yearly average” by substituting “attaining the age of 65 years and where, in the case of a claim made on or after 13 July 1992, the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.” for “attaining the age of 65 years.”. | ||
(3) Section 123 of the Principal Act is amended in the definition of “yearly average” (amended by section 17 of the Social Welfare and Pensions Act 2010 ) by substituting “section 125(1)(b) and where the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.” for “section 125(1)(b).”. | ||
(4) Section 134(3) of the Principal Act is amended in the definition of “yearly average” by substituting “section 135(1)(b)(ii) and where the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.” for “section 135(1)(b)(ii).”. | ||
(5) Section 178A (amended by section 5 of the Act of 2012) of the Principal Act is amended by inserting the following subsection after subsection (3): | ||
“(3A) In this section ‘yearly average’ means the average per contribution year of contribution weeks in respect of which the husband or claimant has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in subsection (2)(b) and where the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.”. |