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Consequential amendments to Act of 2005
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85. The Act of 2005 is amended—
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(a) in section 113A by—
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(i) the insertion in subsection (3) of “, (4A), (4B)” after “subsections (4)”, and
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(ii) the insertion of the following subsections after subsection (4):
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“(4A) Where a person in receipt of invalidity pension under Chapter 17 of this Part attains pensionable age and becomes entitled to a pension under this section and to a pension from the United Kingdom, the weekly rate of pension payable shall be the greater of—
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(a) the amount of pension payable, calculated in accordance with the arrangement made with the United Kingdom on 1 February 2019, or
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(b) the rate of invalidity pension otherwise payable in accordance with Chapter 17 of this Part.
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(4B) In the case of a person to whom both subsections (4) and (4A) applies, the weekly rate of pension payable shall be the greater of either of the amounts calculated under each such subsection.”,
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(b) in section 205 by—
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(i) the insertion in paragraph (a), of “or the United Kingdom” after “Member State (other than the State)”, and
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(ii) the insertion in paragraph (c), of “or the United Kingdom” after “Member State”,
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(c) by the insertion, after section 239, of the following Part:
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“PART 8A
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Certain Payments - Entitlement to Island Allowance
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Certain payments - entitlement to island allowance
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239A. Where a person is ordinarily resident on an island and is entitled to or in receipt of a payment from the United Kingdom corresponding to a payment under—
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(a) section 81, 111, 113, 116, 126, 156, 164 or 174 and he or she has attained pensionable age, or
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(b) section 77, 121 or 211,
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he or she shall be entitled to a weekly allowance of €12. 70 or any amount that may be prescribed.”,
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and
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(d) in Schedule 3, by the insertion, in Table 2 at reference 2, of “or the United Kingdom” after “another Member State”.
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