Pensions Increase (Review) Order 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/776 |
| Year | 1994 |
1994 No. 776
PENSIONS
The Pensions Increase (Review) Order 1994
Made 15th March 1994
Laid before Parliament 16th March 1994
Coming into force 11th April 1994
Whereas by virtue of section 151(1) of the Social Security Administration Act 19921a direction has been given2under section 150(2) and section 190(1)(a) of that Act by the Secretary of State for Social Security that the sums mentioned in section 150(1)(c) of that Act are to be increased;
Now therefore the Treasury, in exercise of the powers conferred by section 59(1), (2), (5) and (5ZA) of the Social Security Pensions Act 19753and now vested in them4, and all other powers enabling them in that behalf, hereby make the following Order:
Citation and commencement
1. This Order may be cited as the Pensions Increase (Review) Order 1994 and shall come into force on 11th April 1994.
Interpretation
2.—(1) In this Order—
“the 1971 Act” means the Pensions (Increase) Act 19715;
“the 1974 Act” means the Pensions (Increase) Act 19746;
“the 1975 Act” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act7;
“the existing Orders” means the Pensions Increase (Annual Review) Order 19728, the Pensions Increase (Annual Review) Order 19739, the Pensions Increase (Annual Review) Order 197410, the Pensions Increase (Annual Review) Order 197511, the Pensions Increase (Annual Review) Order 197612, the Pensions Increase (Annual Review) Order 197713, the Pensions Increase (Annual Review) Order 197814, the Pensions Increase (Review) Order 197915, the Pensions Increase (Review) Order 198016, the Pensions Increase (Review) Order 198117, the Pensions Increase (Review) Order 198218, the Pensions Increase (Review) Order 198319, the Pensions Increase (Review) Order 198420, the Pensions Increase (Review) Order 198521, the Pensions Increase (Review) Order 198622, the Pensions Increase (Review) Order 198723, the Pensions Increase (Review) Order 198824, the Pensions Increase (Review) Order 198925, the Pensions Increase (Review) Order 199026, the Pensions Increase (Review) Order 199127, the Pensions Increase (Review) Order 199228and the Pensions Increase (Review) Order 199329;
“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 Act30;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
(2) For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act31, and the “beginning date” shall be construed accordingly.
(3) Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3. The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 11th April 1994 as follows—
(1) a pension beginning before 12th April 1993 may be increased by 1.8 per cent of the basic rateas increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
(2) a pension beginning on or after 12th April 1993 and before 11th April 1994 may be increased by 1.8 per cent multiplied by
where—
a
A is the number of complete months in the period between the beginning date of the pension and 11th April 1994, and
b
B is 12.
Increases in certain lump sums
4. In respect of any lump sum or instalment of a lump sum which became payable before 11th April 1994 but on or after 12th April 1993 there may be paid an increase of 1.8 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by
where—
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 12th April 1993 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5. The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person—
(a) who is entitled to a guaranteed minimum pension on 11th April 1994, and
(b) whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury32otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6. The amount by reference to which any increase in the rate...
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