Commentary on provisions of Act
Section 1: Up-rating of state pension and certain other benefits following review in tax year 2021-22
- Section 1 subsection (1) provides for a review of the basic State Pension, the full rate of the new State Pension, the Standard Minimum Guarantee in Pension Credit and survivors’ benefits in Industrial Death Benefit by reference to prices (instead of earnings).
- Section 1 subsection (2)(a) operates on section 150A (2) of the 1992 Act so that if those benefits have not retained their value in relation to the general level of prices, the Secretary of State is required to bring forward an up-rating order to up-rate them by at least as much as the increase in the general level of prices.
- Section 1 subsection (2)(b) inserts a new subsection (2A) into section 150A which imposes a duty on the Secretary of State to increase those benefits by not less than 2.5% if either inflation has been less than 2.5%, or if there has been no inflation, over the review period.
- Section 1 subsection (2)(b) also inserts a new subsection (2B) into section 150A so that where provision in respect of the amounts of survivors’ benefits in Industrial Death Benefit is within the legislative competence of the Scottish Parliament, subsection (2A) has effect as if references to the Secretary of State and to Parliament were references to the Scottish Ministers and the Scottish Parliament respectively.
- Section 1 subsection (2)(e) amends section 150A (8) to enable the Secretary of State to estimate the general level of prices in such manner as she thinks fit.
Section 2: Extent, commencement and short title
- Section 2 provides details of the territorial extent, commencement and short title of the Act.
- Section 1 and 2 of the Act come into force on Royal Assent.
