{
  "url": "https://openlegislation.uk/increase-of-pensions-police-and-fire-services-regulations-1971/regulation-4",
  "json_url": "https://openlegislation.uk/increase-of-pensions-police-and-fire-services-regulations-1971/regulation-4.json",
  "legislation": "uksi/1971/1330",
  "legislation_title": "The Increase of Pensions (Police and Fire Services) Regulations 1971",
  "legislation_url": "https://openlegislation.uk/increase-of-pensions-police-and-fire-services-regulations-1971",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Pensions reduced on account of additional benefit",
  "text": "(1) This Regulation shall apply to a pension payable in accordance with—\n(a) the Police Pensions Regulations;\n(b) the Special Constables (Pensions) Regulations;\n(c) the Police Cadets (Pensions) Regulations, or\n(d) the Firemen's Pension Scheme,\nwhich is reduced in amount or is not payable on account of the payment of some additional benefit.\n(2) Subject to paragraphs (6) and (7), in relation to a pension to which this Regulation applies, the basic rate, the 1969 standard and the 1971 rate shall be calculated (where Regulation 5 applies, having regard to paragraphs (3) and (4) thereof) as if no additional benefit were payable and there shall be construed accordingly—\n(a) the reference to the annual rate on 31st August 1971 in section 6(3) of the principal Act, and\n(b) the reference to the annual rate in the definition of the expression “basic rate” in section 17(1) of the principal Act.\n(3) Subject to paragraphs (6) and (7), where the permitted reduction in the amount of a pension to which this Regulation applies exceeds—\n(a) the 1969 standard or the 1971 rate, whichever is the greater, in the case of a pension which began before the year 1969, or\n(b) the basic rate of the pension in any other case,\n(having regard to the provisions of these Regulations and, in particular, to paragraph (5)) section 1 of the principal Act shall have effect as if it were provided therein that the increase payable thereunder should be reduced by the excess.\n(4) Subject to paragraph (6), where the permitted reduction in the amount of a pension to which this Regulation applies exceeds the basic rate of the pension as authorised to be increased as mentioned in subsection (6) of section 2 of the principal Act (having regard to the provisions of these Regulations and, in particular, to paragraph (5)) the said section 2 shall have effect as if it were provided therein that any increase provided for by an order thereunder should be reduced by the excess.\n(5) For the purposes of paragraphs (3) and (4), without prejudice to paragraph (2), in determining the 1971 rate of the pension and in determining the basic rate of the pension as authorised to be increased as mentioned in paragraph (4) (in so far as that rate depends upon the 1971 rate) there shall be disregarded—\n(a) any relevant increase (within the meaning of section 6 of the principal Act) payable to the pensioner on 31st August 1971 by reason that he had attained the age of 70 on or before that date, and\n(b) the provisions of section 6(5) of the principal Act.\n(6) If the modifications of the principal Act contained in paragraph (3) or, as the case may be, in paragraph (4) (in either case read with paragraphs (2) and (5)) would result in the increase of a pension under section 1, or the increase of a pension provided for by an order under section 2, being less than it would have been but for the modifications in question, then, for the purpose of calculating that increase, the said modifications shall not apply.\n(7) If, in the case of a pension to which this Regulation applies, increases were in payment under the Pensions (Increase) Act 1956 or the Pensions (Increase) Act 1959 on 31st August 1971 and the increase of that pension under section 1 of the principal Act is less than those increases, the said section 1 shall, notwithstanding anything in the preceding provisions of this Regulation, have effect subject to such modifications as will secure that the increase thereunder is not less than those which would have been payable under the said Acts of 1956 and 1959 had the principal Act not been enacted.\n(8) In this Regulation the expression “additional benefit” means—\n(a) any benefit payable under the National Insurance Act 1965 together with any supplement thereto payable under section 2 of the National Insurance Act 1966;\n(b) any benefit payable under the National Insurance (Industrial Injuries) Act 1965 together with any supplement payable therewith under the said section 2;\n(c) any armed forces pension payable in pursuance of any Royal Warrant or other instrument;\n(d) any family allowances payable under the Family Allowances Act 1965 or\n(e) any payment of whatever nature, other than a pension payable as mentioned in paragraph (1) of this Regulation, which is made to the pensioner by a fire authority, by any other local authority or by a Minister of the Crown,\nand the expression “permitted reduction” means the amount (expressed as an annual rate) by which a pension would fall to be reduced on account of the payment of additional benefit if the reduction were not limited by the size of the pension.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1971/1330/regulation/4",
    "retrieved_at": "2026-10-29T22:41:41.127021+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}