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The Pensions Increase (Review) Order 1982

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EXPLANATORY NOTE

Under section 59 of the Social Security Pensions Act 1975 as amended by section 11 of the Social Security Act 1979 and as modified by section 59A of the 1975 Act (introduced by section 11(4) of the 1979 Act) the Treasury (in whom the functions conferred by those provisions are now vested) are required to provide by order for the increase in the rates of public service pensions. The increase is the percentage (or in some circumstances a fraction of the percentage) by which the Secretary of State for Social Services has, by directions given under the provisions of sections 23 of the Social Security Pensions Act 1975, increased the sums referred to in section 23(1)(b) of the 1975 Act. These are the sums which are the additional components in the rates of long term benefits namely the additional pension entitlements accruing to employees in respect of their earnings after 5th April 1978.

For pensions which began before 23rd November 1981 the increase is 11 per cent. For pensions which began on or after 23rd November 1981, the increases are as follows:

Pensions BeginningPercentage IncreasePensions Beginning Percentage Increase
23 November 1981 to 6th December 198111%7th May 1982 to 6th June 19825.5%
7th December 1981 to 6th January 198210.1%7th June 1982 to 6th July 19824.6%
7th January 1982 to 6th February 19829.2% 7th July 1982 to 6th August 19823.7%
7th February 1982 to 6th March 1982 8.3%7th August 1982 to 6th September 19822.8%
7th March 1982 to 6th April 19827.3%7th September 1982 to 6th October 19821.8%
7th April 1982 to 6th May 19826.4%7th October 1982 to 6th November 19820.9%

Deferred lump sums beginning on or before 6th November 1982 and which become payable after 21st November 1982 receive the same percentage increase as pensions which began on the same date. Also Article 4 of the Order provides for increases on certain deferred lump sums which became payable after 22nd November 1981 and before 22nd November 1982.

The Order also makes provision for the amount by reference to which any increase in the rate of an official pension is to be calculated to be reduced by the amount equal to the rate of the guaranteed minimum pension entitlement deriving from the employment which gives rise to the official pension. This is required by section 59(5) of the Social Security Pensions Act 1975 but by virtue of section 59A of that Act and the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 the Treasury is empowered to direct that in respect of specified cases or classes of case either no such reduction be made or the reduction shall be less than the rate of the guaranteed minimum pension.

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