Pensions Increase (Review) Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/684 |
| Year | 1991 |
1991 No. 684
PENSIONS
The Pensions Increase (Review) Order 1991
Made 13th March 1991
Laid before Parliament 15th March 1991
Coming into force 8th April 1991
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 the powers 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 1991 and shall come into force on 8th April 1991.
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 198927and the Pensions Increase (Review) Order 199028;
“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 Act29;
“relevant injury pension”, “substituted pension” and “widows 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 Act, 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 8th April 1991 as follows—
(1) a pension beginning before 9th April 1990 may be increased by 10.9 per cent of the basic rate as increased by the amount of any increase under section I of the 1971 Act or the existing Orders;
(2) a pension beginning on or after 9th April 1990 and before 8th April 1991 may be increased by 10.9 per cent multiplied by
where
a
A is the number of complete months in the period between the beginning date of the pension and 8th April 1991, 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 8th April 1991 but on or after 9th April 1990 there may be paid an increase of 10.9 per cent of the amount of the lump sum or instalment (as increased by the amount under section I 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, 9th April 1990 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 ’s to be calculated shall, in the case of a person—
(a) who is entitled to a guaranteed minimum pension on 8th April 1991, 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 Treasury30shall, 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 a widow’s or widower’s pension provided for by...
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