Pensions Increase (Annual Review) Order 1978

JurisdictionUK Non-devolved
CitationSI 1978/1211
Year1978

1978 No. 1211

PENSIONS

The Pensions Increase (Annual Review) Order 1978

10thAugust 1978

22ndAugust 1978

1stDecember 1978

Whereas the Minister for the Civil Service has, in accordance with the provisions of section 2 of the Pensions (Increase) Act 1971(a), as amended by section 25(1) of the Superannuation Act 1972(b), reviewed the rates of official pensions against the rise in the cost of living during the review period, that is to say, the period of twelve months ending with 30th June 1978, and it has been found that in that period the cost of living has risen by 7.4 per cent.:

Now therefore the Minister for the Civil Service, in exercise of the powers conferred on him by section 2 of the Pensions (Increase) Act 1971 (as amended by section 25(1) of the Superannuation Act 1972 and sections 3(1) and 3(3)(a) of the Pensions (Increase) Act 1974(c)) and section 9(4) of the said Act of 1971 and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement

1. This Order may be cited as the Pensions Increase (Annual Review) Order 1978, and shall come into operation on 1st December 1978.

Interpretation

2.—(1) In this Order—

"the 1971 Act" means the Pensions (Increase) Act 1971;

"the 1974 Act" means the Pensions (Increase) Act 1974;

"basic rate" has the meaning given by section 17(1) of the 1971 Act, as amended by section 1(3) of the 1974 Act;

"the existing Orders" means the Pensions Increase (Annual Review) Order 1972(d), the Pensions Increase (Annual Review) Order 1973(e), the Pensions Increase (Annual Review) Order 1974(f), the Pensions Increase (Annual Review) Order 1975(g), the Pensions Increase (Annual Review) Order 1976(h) and the Pensions Increase (Annual Review) Order 1977(i);

"official pension" has the meaning given by section 5(1) of the 1971 Act;

"pension authority" has the meaning given by section 7(1) of the 1971 Act;

"qualifying condition" means one of the conditions laid down in section 3 of the 1971 Act, as amended by section 3(2) and (3) of the 1974 Act;

"widow's pension" means a pension payable in respect of the services of the pensioner's deceased husband.

(a) 1971 c. 56.

(b) 1972 c. 11.

(c) 1974 c. 9.

(d) S.I. 1972/1298.

(e) S.I. 1973/1370.

(f) S.I. 1974/1373.

(g) S.I. 1975/1384.

(h) S.I. 1976/1356.

(i) S.I. 1977/1387.

(2) For the purposes of this Order the time when a pension "begins" is that stated in section 8(2) of the 1971 Act, and the "beginning date" shall be construed accordingly.

(3) The Interpretation Act 1889(a) shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

Pension increase

3.—(1) The annual rate of an official pension may, if any qualifying condition is satisfied or the pension is a widow's pension, be increased by the pension authority in respect of any period beginning on or after 1st December 1978 as follows:—

(a) a pension beginning on or before 1st July 1977 may be increased by 7.4 per cent. of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or under the existing Orders;

(b) a pension beginning in the six months following 1st July 1977 may be increased by 9.6 per cent. of the basic rate.

(c) a pension beginning in the six months following 1st January 1978 may be...

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