Part XU.K.Review and Alteration of Benefits

151Up-rating—supplementaryU.K.

(1)Any increase under section 150 above of the sums mentioned in subsection (1)(c) of that section shall take the form of a direction that those sums shall be increased by a specified percentage of their amount apart from the order and shall apply [F1subject to section 156 and] only in relation to additional pensions calculated under section 45 of the Contributions and Benefits Act by reference to final relevant years which are—

(a)earlier than the tax year preceding that in which the order comes into force; or

(b)if the order comes into force on or after 6th May in any tax year, earlier than that year.

(2)Any increase under section 150 above of the sums mentioned in [F2subsection (1)(d), [F3(dza), (e) or (p)]] of that section shall take the form of a direction that those sums shall be increased by a specified percentage of their amount apart from the order and [F4

(a)][F5, in the case of the sums mentioned in subsection (1)(d) or (e) of that section,] shall apply only in relation to sums calculated under Schedule 5 to the Contributions and Benefits Act by reference to periods of deferment which have ended before the coming into force of the order [F6, and

(b)in the case of the sums mentioned in subsection (1)(p) of that section, shall apply only in relation to sums calculated under section 17 of the Pensions Act 2014 by reference to periods which have ended before the coming into force of the order.]

(3)An increase in a sum such as is specified in section 150(1)(e)(ii) above shall form part of the Category A or Category B retirement pension of the person to whom it is paid and an increase in a sum such as is specified in section 150(1)(e)(i) above shall be added to and form part of that pension but shall not form part of the sum increased.

(4)Where an increment under [F7section 15(1)] of the Pensions Act—

(a)is increased in any tax year by an order under [F7section 109] of that Act; and

(b)in that year also falls to be increased by an order under section 150 above,

the increase under that section shall be the amount that would have been specified in the order, but for this subsection, less the amount of the increase under [F7section 109].

F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Any increase under section 150 above of any of the sums which are additions to income support mentioned in section 150(7) above shall take the form of a direction that any such sum shall be increased by a specified percentage of its amount apart from the order.

Textual Amendments

F1Words in s. 151(1) inserted (19.7.1995) by Pension Act 1995 (c. 26), ss. 130(2), 180(2)

F2Words in s. 151(2) substituted (18.11.2004 for specified purposes, 6.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), s. 322(3)(a), Sch. 11 para. 22(a)

F5Words in s. 151(2) inserted (18.11.2004 for specified purposes, 6.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), s. 322(3)(a), Sch. 11 para. 22(b)

F7Words in s. 151(4) substituted (7.2.1994) by Pension Schemes Act 1993 (c. 48), s. 193(2), Sch. 8 para. 29(a); S.I. 1994/86, art. 2

F8S. 151(5) omitted (6.4.2012 with savings for persons who became entitled to a Category A or Category B retirement pension before that day) by virtue of Pensions Act 2011 (c. 19), ss. 2(3), 38(4) (with s. 2(4)); S.I. 2011/3034, art. 4(a)