Pensions (Increase) Act 1962
| Year | 1962 |
Pensions (Increase) Act 1962
(11 & 12 Eliz. 2) CHAPTER 2
An Act to provide for increases or supplements in respect of certain pensions.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Increase of certain United Kingdom pensions.
(1) Subject to the provisions of this section, the annual rate of any pension to which this section applies, being a pension which began not later than 1st April 1961, may, in respect of any period beginning on or after the appointed day, be increased by the pension authority by an amount equal to the following percentage of the adjusted rate of that pension, that is to say—
(a ) if the pension began not later than 1st April 1956, twelve per cent.;
(b ) if the pension began after the last-mentioned date but not later than 1st April 1957, ten per cent.;
(c ) if the pension began after the last-mentioned date but not later than 1st April 1958, eight per cent.;
(d ) if the pension began after the last-mentioned date but not later than 1st April 1959, six per cent.;
(e ) if the pension began after the last-mentioned date but not later than 1st April 1960, four per cent.;
(f ) if the pension began after the last-mentioned date, two per cent.
(2) This section applies to the pensions specified in Part I and Part II of the Schedule to the Act of 1959; and that Schedule shall have effect, in its application by virtue of this section, subject to the amendments set out in Part I of Schedule 1 to this Act.
(3) Subsections (2) to (6) of section 1 of the Act of 1959 (which prescribe the conditions for the increase of a pension under that section) shall apply to the increase authorised by this section as they apply to the increase authorised by subsection (1) of that section.
2 Additional increase for pensioners over seventy years of age.
(1) Subject to the provisions of this section, where a person in receipt of a pension which may be increased under the foregoing section of this Act has attained the age of seventy years (whether before or after the appointed day), that pension may, in respect of any period beginning on or after the appointed day, be further increased by the pension authority by the following annual amount, that is to say—
(a ) if the pension began not later than 1st April 1956, twenty pounds;
(b ) if the pension began after the last-mentioned date but not later than 1st April 1957, seventeen pounds;
(c ) if the pension began after the last-mentioned date but not later than 1st April 1958, fourteen pounds;
(d ) if the pension began after the last-mentioned date but not later than 1st April 1959, ten pounds,
(e ) if the pension began after the last-mentioned date but not later than 1st April 1960, seven pounds;
(f ) if the pension began after the last-mentioned date, four pounds.
(2) A pension shall not be increased under this section by an amount exceeding twenty-five per cent. of the adjusted rate of that pension.
(3) The provisions of Schedule 2 to this Act shall have effect for the purpose of calculating the increase which may be made under this section in the case of a pensioner in receipt of more than one pension.
(4) For the purposes of this section and of Schedule 2 to this Act, a person for whose benefit a pension is payable shall be deemed to be in receipt of the pension notwithstanding that it is payable to some other person.
3 Supplements in respect of certain colonial and other pensions.
(1) The Secretary for Technical Co-operation may, with the approval of the Treasury, make regulations authorising the payment by him, in respect of pensions to which this section applies, or any class of such pensions, of supplements of such amounts as may be specified in the regulations in accordance with this section.
(2) This section applies to any pension described in Schedule 3 to this Act, being a pension which—
(a ) is payable to or in respect of a person who is certified by the Secretary for Technical Co-operation, with the consent of the Treasury, as having been an overseas officer in relation to any territory in or for which any services giving rise to the pension were rendered; and
(b ) in the case of a pension in respect of the services of any person other than the pensioner, is payable either by the Government of any overseas territory or in accordance with an enactment, scheme or other instrument specified in the regulations as being approved by the Secretary for Technical Co-operation for the purposes of this section;
and for the purposes of this section and the said Schedule 3 ‘pension’ does not include compensation which is payable by instalments over a fixed period and which appears to the Secretary for Technical Co-operation to be payable in consequence of constitutional changes in any territory.
(3) The supplements which may be authorised by regulations under this section in the case of pensions of any class are supplements, in respect of any period beginning on or after the appointed day, of amounts which, together with any increase or supplement payable in respect of those pensions apart from this section, appear to the Secretary for Technical Co-operation to correspond as nearly as may be with the increases payable under any of the previous Pensions (Increase) Acts or this Act in the case of pensions to which these enactments apply.
(4) No supplement shall be payable by virtue of regulations under this section in respect of any pension—
(a ) where the pension is payable in any overseas territory in or for which any services giving rise to the pension were rendered, unless the pensioner is for the time being resident in the United Kingdom;
(b ) where the pension is not payable in any such territory, if the pensioner is for the time being resident in any such territory (not being so resident solely for the purposes of a contract of service with the Government of that territory).
(5) Regulations under this section may make different provisions in relation to different classes of pension and may—
(a ) prescribe the manner in which applications for supplements under this section are to be made and the evidence required in connection with such applications; and
(b ) contain such other incidental provisions as the Secretary for Technical Co-operation thinks fit, including provisions applying any provision of the previous Pensions (Increase) Acts or this Act, with or without modification, for the purposes of the regulations.
(6) The consent of the Treasury under subsection (2) of this section may be given generally in respect of persons of such descriptions, and subject to such limitations (if any), as may be specified in the consent.
(7) The power to make regulations under this section shall be exercisable by statutory instrument, and any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4 Amendment of Pensions \(India, Pakistan and Burma) Act 1955.
(1) Paragraph 1 of Part I of Schedule 2 to the Pensions (India, Pakistan and Burma) Act 1955 (pensions to which Pensions (Increase) Acts may be applied) shall have effect as if the Funds specified in Part I and Part II of Schedule 4 to this Act were included among the Funds mentioned in sub-paragraph (b ) of that paragraph.
(2) In relation to the Funds specified in Part II of the said Schedule, the said paragraph 1 shall have effect as if the words ‘which is or, but for any arrangements to which subsection (1) of section one of this Act applies, would be, payable out of the revenues of India or Pakistan’ were omitted.
(3) Nothing in this section shall affect the operation of the said paragraph 1 in relation to a pension in respect of service to the Crown in a civil capacity, not being service by virtue of which the recipient has pension rights in relation to any Fund mentioned in that paragraph as amended by this section.
5 Amendment of Pensions \(Increase) Act 1944.
(1) Subsection (3) of section 1 of the Pensions (Increase) Act 1944 (which prescribes the conditions of the increase under that section of pensions payable to dependants other than widows and which also governs certain increases under subsequent Pensions (Increase) Acts) shall have effect, in relation to any period beginning on or after the appointed day, as if the following paragraph were substituted for paragraph (b ):—
‘(b ) the pensioner has not attained the age of sixteen years, or is receiving full-time instruction at an educational establishment, or is undergoing training for a trade, profession or vocation in such circumstances that he is required to devote the whole of his time to that training for a period of not less than two years; or’.
(2) References in any enactment (including this Act) to an increase under the said Act of 1944, and to an increase under any other enactment which is subject to the conditions prescribed by the said subsection (3), shall, as from the appointed day, include references to any such increase which is payable by virtue of this section.
6 Local authority gratuities.
(1) For the purposes of this Act, and for the purposes of the previous Pensions (Increase) Acts (other than the Acts of 1920 and 1924) in their application to any period beginning on or after the appointed day, the expression ‘pension’ shall be deemed to...
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