Pensions (Increase) Act 1952
| Jurisdiction | UK Non-devolved |
| Citation | 1952 c. 45 |
Pensions (Increase) Act , 1952
(15 & 16 Geo. 6 & 1 Eliz. 2) CHAPTER 45
An Act to authorise certain increases in the case of pensions to which the Pensions (Increase) Acts, 1944 and 1947, apply, and of certain other 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 pensions specified in First Schedule.
(1) Subject to the provisions of this Act, any pension specified in the First Schedule to this Act may, in respect of any period after the thirtieth day of September, nineteen hundred and fifty-two, be increased by the pension authority to the extent prescribed by the Second Schedule to this Act.
(2) A pension shall not be increased under this section unless the pension authority are satisfied that the income of the pensioner does not exceed, in the case of a pensioner who is married or has at least one dependant, five hundred and fifty pounds a year, and in the case of any other pensioner, four hundred and twenty-five pounds a year.
(3) No increase shall be made under this section in the case of a pension beginning after the thirty-first day of March, nineteen hundred and fifty-two.
2 Widows' and children's pensions under schemes relating to firemen and police firemen, etc.
(1) An order of the Secretary of State under section twenty-six of the Fire Services Act, 1947, varying a Firemen's Pension Scheme in force under that section may provide for increasing any pension payable under the Scheme, not being a pension to which Part II of the First Schedule to this Act applies, by an amount not exceeding the amount of the increase which would be authorised by section one of this Act if that pension were a pension to which the said Part II applies.
(2) For the purposes of any such order as aforesaid, a pension beginning at any time before the date on which the order comes into force, being a pension of which the amount is calculated otherwise than by reference to the remuneration of the person in respect of whom it is payable, may be treated as if it had begun before the first day of April, nineteen hundred and forty-eight; and any such order may contain such provisions as appear to the Secretary of State to be necessary to enable a pensioner to whom a pension has been granted at the higher of two different rates to receive a pension at the higher of those rates after taking into account the increase (if any) conferred in relation to each of those rates by virtue of the order or of the Pensions (Increase) Acts, 1944 and 1947.
(3) The Secretary of State may make regulations for increasing any of the following pensions, that is to say—
(a ) a pension payable by a local authority (otherwise than under a Firemen's Pension Scheme) in respect of service as a professional fireman as defined by the Fire Brigade Pensions Act, 1925, or in respect of service which, by or under any enactment, is treated as approved service in a fire brigade, not being a pension to which Part II of the First Schedule to this Act applies;
(b ) a pension payable under the Police Pensions Act, 1921, to the widow or a child of a person to whom the National Fire Service (Preservation of Pensions) (Police Firemen) Regulations, 1941, applied at the time of his death or retirement,
to the like extent as is authorised by subsection (1) of this section in the case of a pension to which that subsection applies; and subsection (2) of this section shall apply to any such regulations as they apply to an order made by virtue of the said subsection (1).
(4) Any order or regulations made by virtue of the foregoing provisions of this section, and any regulations made within one year after the passing of this Act—
(a ) under section one of the Police Pensions Act, 1948;
(b ) by Order in Council under the Special Constables Act, 1914;
(c ) by order under the Metropolitan Police Staff (Superannuation) Acts, 1875 to 1931, as originally enacted or as applied or extended by any subsequent enactment,
for increasing any pensions to which those regulations apply, may be made so as to take effect from such date, whether before or after the making of the order or regulations, as may be specified therein, not being earlier than the first day of October, nineteen hundred and fifty-two.
(5) The power of the Secretary of State to make regulations under subsection (3) of this section shall be exercisable by statutory instrument; and any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3 Application of enactments authorising corresponding increases.
(1) The provisions of the following enactments, that is to say—
(a ) subsection (3) of section five of the Superannuation Act, 1946 (which enables the Treasury to confer on civil servants who are subject to any superannuation scheme mentioned in that section benefits corresponding to the increases provided by the Pensions (Increase) Act, 1944);
(b ) section five of the Pensions (Increase) Act, 1947 (which enables the Treasury to authorise the payment, in the case of pensions under schemes not falling within the Pensions (Increase) Act, 1944, of the like increases as would be payable if they were specified in the First Schedule to the last-mentioned Act);
(c ) subsection (2) of section five of the Superannuation (Miscellaneous Provisions) Act, 1948 (which enables the Treasury to provide, in the case of pensions in respect of service to His Majesty in India, for increases corresponding with those authorised by the Pensions (Increase) Act, 1947),
shall apply in relation to any increase authorised by section one of this Act as they apply to the increases authorised by the said Act of 1944 or the said Act of 1947, as the case may be, and accordingly shall have effect as if any reference therein to sections one and two of the said Act of 1944, or to the said Act of 1947 included a reference to section one of this Act, and as if any reference to the First Schedule to the said Act of 1944 included a reference to the First Schedule to this Act.
(2) In relation to any increase authorised by this Act, subsection (2) of section five of the Pensions (Increase) Act, 1947, shall have effect as if for the reference to the passing of that Act there were substituted a reference to the thirtieth day of September, nineteen hundred and fifty-two, and subsection (2) of section five of the Superannuation (Miscellaneous Provisions) Act, 1948, shall have effect as if for the words from ‘any period’ to ‘nineteen hundred and forty-six’ there were substituted the words ‘any period beginning after the thirtieth day of September, nineteen hundred and fifty-two’.
4 Supplementary provisions.
(1) For the purposes of this Act a pension shall be deemed to begin—
(a ) where the pension is granted under any enactment in consideration of the surrender of part of another pension, on the day from which the surrender takes effect;
(b ) where the amount of the pension is computed by reference to remuneration received during any period of service, or would be so computed apart from any provision specifying a fixed sum as the minimum rate of the pension, on the day following the last day of that service;
(c ) in any other case, on the day following the last day of the service in respect of which the pension is payable,
whether or not the pension accrues from that day.
(2) In calculating for the purpose of the Pensions (Increase) Acts, 1920 and 1924, or the Pensions (Increase) Acts, 1944 and 1947, the means of any pensioner or the amount of any pension, any increase for which provision is made by this Act shall be disregarded; and no account shall be taken of any such increase in ascertaining the rate of the superannuation allowance of any person for the purposes of any pension granted under Part I or Part II of the Superannuation Act, 1949.
(3) Where a pension granted under Part I or Part II of the Superannuation Act, 1949, enures for the benefit of more than one child or dependant, the pension shall be treated for the purposes of this Act as a number of separate pensions equal to the number of those children or dependants; and the amount of each such pension shall be deemed for those purposes to be a sum ascertained—
(a ) where the whole of the pension is paid to the same person, by dividing the amount of the pension by the number of children or dependants;
(b ) where different parts of the pension are paid to different persons, by dividing each part by the number of children or dependants for whose benefit that part is so paid.
(4) The provisions of the Pensions (Increase) Act, 1944, specified in the first column of the Third Schedule to this Act (which relate to the matters respectively set out in the second column of that Schedule) shall apply for the purposes of this Act, and accordingly shall have effect—
(a ) as if any reference to section one of that Act or to the Second Schedule thereto included a reference to section one of this Act or to the Second Schedule to this Act;
(b ) as if any reference to Part II of the First Schedule to that Act included a reference to Part II of the First Schedule to this Act; and
(c ) as if any other reference to that Act included a reference to this Act.
(5) Subsection (1) of section three of the said Act of 1944 shall have effect, in its application to this Act by virtue of the last foregoing subsection, as if in paragraph (a )...
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