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The Pensions Increase (Review) Order 1980

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Citation and commencement

1.  This Order may be cited as the Pensions Increase (Review) Order 1980 and shall come into operation on 24th November 1980.

Interpretation

2.—(1) In this Order—

the 1971 Act” means the Pensions (Increase) Act 1971;

the 1974 Act” means the Pensions (Increase) Act 1974;

the 1975 Act” means the Social Security Pensions Act 1975;

basic ratehas the meaning given by section 17(1) of the 1971 Act as amended by section 1(3) of the 1974 Act;

the existing Orders” means the Pensions Increase (Annual Review) Order 1972, the Pensions Increase (Annual Review) Order 1973, the Pensions Increase (Annual Review) Order 1974, the Pensions Increase (Annual Review) Order 1975, the Pensions Increase (Annual Review) Order 1976, the Pensions Increase (Annual Review) Order 1977, the Pensions Increase (Annual Review) Order 1978 and the Pensions Increase (Review) Order 1979;

official pensionhas the meaning given by section 5(1) of the 1971 Act;

pension authorityhas the meaning given by section 7(1) of the 1971 Act;

qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act as amended by section 3(2) and (3) of the 1974 Act;

widow's pension” means a pension payable in respect of the services of the pensioner's deceased husband.

(2) For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act, and the “beginning date” shall be construed accordingly.

(3) Where for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.

Pension increases

3.  The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a widow's pension, be increased by the pension authority in respect of any period beginning on or after 24th November 1980 as follows:—

(1) a pension beginning before 12th November 1979 may be increased by 16·5 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;

(2) a pension beginning on or after 12th November 1979 and before 24th

November 1980 may be increased by 16·5 per cent multiplied by

No math image to display

where

(a)A is the number of complete months in the period between the beginning date of the pension and 24th November 1980 and

(b)B is 12.

Increases in certain lump sums

4.  In respect of any lump sum or instalment of a lump sum which became payable before 24th November 1980 but after 11th November 1979 there may be paid an increase of 16·5 per cent of the amount of the lump sum or instalment (as increased by the amount of any increase under section 1 of the 1971 Act or under the existing Orders) multiplied by

No math image to display

where

(a)A is the number of complete months in the period between the beginning date for the lump sum or, if later, 12th November 1979 and the date on which it became payable; and

(b)B is 12.

Reductions in respect of guaranteed minimum pensions

5.  The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person who

(a)is entitled to a guaranteed minimum pension on 24th November 1980, and

(b)whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit under section 38 of the 1975 Act) entitlement to the official pension also arises,

be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Minister for the Civil Service shall, in accordance with the provisions of section 59A of the 1975 Act, otherwise direct.

Given under the official seal of the Minister for the Civil Service on 26th August 1980.

L.S.

Paul Channon

Minister of State

Civil Service Department

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