The Pensions Increase (Injury Warrant Pensions) Regulations 1971

Statutory Instruments

1971 No. 1616

PENSIONS

The Pensions Increase (Injury Warrant Pensions) Regulations 1971

Made

1st October 1971

Laid before Parliament

6th October 1971

Coming into Operation

11th October 1971

The Minister for the Civil Service, in exercise of the powers conferred on him by section 5(3) and (4) of the Pensions (Increase) Act 1971 and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

1.  These Regulations may be cited as the Pensions Increase (Injury Warrant Pensions) Regulations 1971, and shall come into operation on 11th October 1971.

2.—(1) In these Regulations “ the 1971 Act” means the Pensions (Increase) Act 1971.

(2) Any reference in these Regulations to the provisions of any instrument shall be construed, unless the context otherwise requires, as a reference to those provisions as amended by any other instrument.

(3) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

3.  These Regulations apply to any pension payable under the Injury Warrants 1952 to 1971(1), being a pension which is reduced by virtue of paragraph 16 or paragraph 25(1)(b) or (c) of the Injury Warrant 1952 or paragraph 10 of the Injury Warrant 1965 (which paragraphs provide for reductions by reason of other benefits).

4.—(1) In relation to a pension to which these Regulations apply, the 1971 Act shall apply subect to the modifications specified in the following provisions of this Regulation.

(2) The basic rate of the pension (as defined in section 17(1) of the 1971 Act) shall be ascertained, for the purposes of the 1971 Act and the Pensions (Preservation of Increase) Order 1971(2), by reference to its annual value apart from any reduction by virtue of paragraph 16 or paragraph 25(1)(b) or (c) of the Injury Warrant 1952 or paragraph 10 of the Injury Warrant 1965.

(3) Any increase of the pension under the 1971 Act shall not exceed the amount (if any) by which the aggregate of—

(a) the basic rate of the pension ascertained in accordance with paragraph (2) above, and

(b) the increase thereof which would, apart from this paragraph, be payable under the 1971 Act as modified by paragraph (2) above,

exceeds the rate of benefits in respect of which the pension is reduced by virtue of paragraph 16 or paragraph 25(1)(b) or (c) of the Injury Warrant 1952 or paragraph 10 of the Injury Warrant 1965.

5.  Any increase payable by virtue of these Regulations shall be payable in respect of any period beginning on or after 1st September 1971.

Given under the official seal of the Minister for the Civil Service on 1st October 1971.

L.S.

A. W. Wyatt

Authorised by the Minister for the Civil Service

EXPLANATORY NOTE

Under the Injury Warrants Act 1952–1971 allowances are paid to civil servants and other persons employed by the Government who are injured on duty, and to the dependents of those who have died as a result of their injuries. These allowances are reduced by the value of certain social security benefits under the National Insurance Act 1965 (c.51), the National Insurance (Industrial Injuries) Act 1965 (c.52) and the Family Allowances Act 1965 (c.53) as amended. These Regulations provide for pensions increase under the Pensions (Increase) Act to be calculated on the annual rate of pension before the reduction for other benefits is made. The pensions increase so calculated is restricted in order to ensure that the allowances paid to beneficiaries under the Injury Warrants plus pensions increase will not exceed the amount, (if any) by which the gross amount of the Warrant allowance plus pensions increase thereon exceeds the value of the social security benefits in respect of which the Warrant allowance is reduced.

(1)

S.I. 1952/60, 1957/1354, 1965/1024, 1967/876, 1971/1209, (1952 II, p. 2400; 1957/II, p. 1758; 1965 I, p. 2496; 1967 II, p. 2614; 1971 II. p. 3532).

(2)

(1971 II, p. 3752).