Pensions (Increase) Act 1959

JurisdictionUK Non-devolved
Citation1959 c. 50


Pensions (Increase) Act, 1959

(7 & 8 Eliz. 2) CHAPTER 50

An Act to provide for increases 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:—

S-1 Increase of pensions specified in Schedule.

1 Increase of pensions specified in Schedule.

(1) Subject to the provisions of this Act, the annual rate of any pension specified in the Schedule to this Act which began not later than the first day of April, nineteen hundred and fifty-seven, 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 the first day of April, nineteen hundred and fifty-two, twelve per cent.;

(b ) if the pension began after the last-mentioned date but not later than the first day of April, nineteen hundred and fifty-three, ten per cent.;

(c ) if the pension began after the last-mentioned date but not later than the first day of April, nineteen hundred and fifty-four, eight per cent.;

(d ) if the pension began after the last-mentioned date but not later than the first day of April, nineteen hundred and fifty-five, six per cent.;

(e ) if the pension began after the last-mentioned date but not later than the first day of April, nineteen hundred and fifty-six, four per cent.;

(f ) if the pension began after the last-mentioned date, two per cent.

In this subsection, the expression ‘adjusted rate’, in relation to any pension, means the aggregate annual rate of that pension after any relevant increase thereof apart from this subsection, any fraction of a pound in that aggregate being treated as a whole pound.

(2) A pension payable in respect of the pensioner's own services shall not be increased under this section unless the pensioner—

(a ) has attained the age of sixty years; or

(b ) has retired on account of physical or mental infirmity from the office or employment in respect of which, or on retirement from which, the pension is payable; or

(c ) is a woman who has at least one dependant,

or the pension authority are satisfied that the pensioner is disabled by physical or mental infirmity.

(3) A pension payable in respect of the services of any person other than the pensioner, not being the deceased husband of the pensioner, shall not be increased under this section unless the pensioner—

(a ) has attained the age of sixty years; or

(b ) has not attained the age of sixteen years; or

(c ) is receiving full-time instruction at an educational establishment; or

(d ) 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

(e ) is a woman who has at least one dependant,

or the pension authority are satisfied that the pensioner is disabled by physical or mental infirmity.

(4) A pension payable in respect of the services of the deceased husband of the pensioner shall not be increased under this section unless the pensioner—

(a ) has attained the age of forty years; or

(b ) has at least one dependant,

or the pension authority are satisfied that the pensioner is disabled by physical or mental infirmity.

(5) In the three last foregoing subsections, the expression ‘dependant’, in relation to a pensioner, means a person who the pension authority are satisfied is wholly or mainly supported by the pensioner and who either has not attained the age of sixteen years or is receiving such instruction as is mentioned in paragraph (c ), or undergoing training as mentioned in paragraph (d ), of subsection (3) of this section:

Provided that where in the case of any pension a relevant increase thereof is for the time being payable by reason of some person being deemed to be a dependant of the pensioner by virtue of subsection (3) of section one of the Pensions (Increase) Act, 1956, that person shall also be deemed to be a dependant of the pensioner for the purposes of this section.

(6) For the purposes of this section, a pensioner shall be deemed to be disabled by physical or mental infirmity if he is permanently incapacitated by such infirmity from engaging in any regular full-time employment.

S-2 Increase of certain pensions affected by further service.

2 Increase of certain pensions affected by further service.

(1) Where a person has, after being in receipt of a pension specified in the Schedule to this Act, rendered further service by virtue of which the basic rate of that pension has fallen (or if that service had been terminated by retirement would have fallen) to be reassessed, then, if in the case of—

(a ) that pension; or

(b ) any other pension the basic rate of which was computed by reference to (or to what, if the said service had been terminated by retirement, would have been) the basic rate of the first-mentioned pension, not being such an other pension granted in consideration of the surrender of part of the first-mentioned pension,

the aggregate of the basic rate of the pension in question and any relevant increases thereof falls short of what that aggregate would have been if the said service had not been rendered, the pension in question may be further increased by the pension authority by the amount of the difference.

(2) The foregoing subsection shall have effect in relation to any period beginning on or after the appointed day, and in relation to any such period section six of the Pensions (Increase) Act, 1956, is hereby repealed.

S-3 Powers with respect to increase of other pensions and modification of Act in certain cases.

3 Powers with respect to increase of other pensions and modification of Act in certain cases.

(1) Her Majesty may by Order in Council direct that, in relation to any pension specified in the Order, being a pension which is payable under any enactment by a local authority, whether out of superannuation funds or otherwise, but which is not specified in Part II of the Schedule to this Act, this Act shall have effect as if that pension were specified in the said Part II; and any such Order—

(a ) may include such incidental, consequential and supplemental provisions as appear to Her Majesty to be expedient;

(b ) may in particular make provision for securing that the cost of increasing any pension to which the Order relates is borne by the appropriate local authority; and

(c ) may be varied or revoked by a further Order in Council under this subsection.

(2) Where, in the case of any pension which is specified in the Schedule to this Act or with respect to which an Order in Council under the foregoing subsection is for the time being in force, an appropriate authority is satisfied that it is proper so to do, that authority, or, where that authority is not the Treasury, that authority with the consent of the Treasury, may by regulations direct that subsection (1) of section one of this Act shall apply in relation to that pension subject to such modifications, adaptations and exceptions as may be specified in the regulations.

In this subsection the expression ‘appropriate authority’ means the Treasury, the Lord Chancellor, a Secretary of State, the Minister of Housing and Local Government, the Minister of Education, the Minister of Pensions and National Insurance or the Minister of Health.

(3) The Treasury may make regulations—

(a ) for conferring on persons employed in the civil service of the State who are subject to a superannuation scheme operated under the Federated Superannuation System for Universities or to any other scheme approved by the Treasury for the purposes of this paragraph, or on any class of such persons, benefits appearing to the Treasury to correspond as nearly as may be with the benefits conferred by sections one and two of this Act on persons whose superannuation benefits are regulated under the Superannuation Acts;

(b ) empowering any person specified in the regulations to pay increases of pensions payable by that person, or in respect of pensions payable by some other person wholly or partly by reference to service with the first-mentioned person, not exceeding the increases which would be payable if those pensions were specified in the Schedule to this Act;

(c ) directing that, subject to such modifications, adaptations and exceptions as may be specified in the regulations—

(i) this Act shall apply in relation to any pension specified in Part I or Part II of the Second Schedule to the Pensions (India, Pakistan and Burma) Act, 1955, as if it were specified in Part I of the Schedule to this Act;

(ii) the Pensions (Increase) Acts, 1920 and 1924, shall apply in relation to any pension specified in Part I of the said Second Schedule as if it had been granted under one of the enactments specified in subsection (2) of section one of the Pensions (Increase) Act, 1920;

(iii) the Pensions (Increase) Acts, 1944 and 1947, shall apply in relation to any pension specified in Part II of the said Second Schedule as if it were specified in Part I of the First Schedule to the Pensions (Increase) Act, 1944.

(4) Any Order in Council or regulations under this section may provide for any increases authorised thereby to take effect as from such date, whether before or after the making of the Order or regulations, as may be specified therein, not being earlier than the appointed day.

(5) No recommendation to make an Order under subsection (1) of this section shall be made to Her Majesty in Council unless a draft of the Order has been laid before, and approved by a resolution of, each House of Parliament; and any power to make regulations conferred by this...

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