Pensions Increase (Review) Order 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/198 |
| Year | 1992 |
1992 No.198
PENSIONS
The Pensions Increase (Review) Order 1992
Made 6th February 1992
Laid before Parliament 13th February 1992
Coming into force 6th April 1992
Whereas by virtue of section 23(2)1of the Social Security Pensions Act 19752a direction has been given3under section 63(2) and section 83(3)(d) of the Social Security Act 19864by the Secretary of State for Social Services that the sums mentioned in section 63(1)(b) of the Social Security Act 1986 are to be increased;
Now therefore the Treasury, in exercise of thepowers conferred by section 59(1), (2), (5) and (5ZA) of the Social Security Pensions Act 19755and now vested in them6, 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 1992 and shall come into force on 6th April 1992.
Interpretation
2.—(1) In this Order—
“the 1971 Act” means the Pensions (Increase) Act 19717;
“the 1974 Act” means the Pensions (Increase) Act 19748;
“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 Act9;
“the existing Orders” means the Pensions Increase (Annual Review) Order 197210the Pensions Increase (Annual Review) Order 197311, the Pensions Increase (Annual Review) Order 197412, the Pensions Increase (Annual Review) Order 197513, the Pensions Increase (Annual Review) Order 197614, the Pensions Increase (Annual Review) Order 197715, the Pensions Increase (Annual Review) Order 197816, the Pensions Increase (Review) Order 197917, the Pensions Increase (Review) Order 198018, the Pensions Increase (Review) Order 198119, the Pensions Increase (Review) Order 198220, the Pensions Increase (Review) Order 198321, the Pensions Increase (Review) Order 198422, the Pensions Increase (Review) Order 198523, the Pensions Increase (Review) Order 198624, the Pensions Increase (Review) Order 198725, the Pensions Increase (Review) Order 198826, the Pensions Increase (Review) Order 198927, the Pensions Increase (Review) Order 199028, and the Pensions Increase (Review) Order 199129;
“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 thisOrder, 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 6th April 1992 as follows—
(1) a pension beginning before 8th April 1991 may be increased by 4.1 per cent of the basic rate as 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 8th April 1991 and before 6th April 1992 may be increased by 4.1 per cent multiplied by
where
a
A is the number of complete months in the period between thebeginning date of the pension and 6th April 1992, 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 6th April 1992 but on or after 8th April 1991 there may be paid an increase of 4.1 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 thebeginning date for the lump sum or, if later, 8th April 1991 and thedate 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 minimumpension on 6th April 1992, 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 Treasury32shall, in accordance with the provisions of section 59A of the 1975 Act, otherwise direct.
6. The amount by reference to which any increase in the rate of awidow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the...
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