Paragraph 8 Determination of addition on the notional pension

(1)

Where the notional pension includes two or more pensions in respect of which section 6 of the Act is applicable in accordance with Part III and those pensions include at least one earnings-related pension and at least one contributory derivative pension—

(a)

in relation to each earnings-related pension in respect of which section 6 of the Act is applicable, where the 1971 rate as calculated in accordance with section 6 of the Act as applied by Part III includes the amount of any increase under the former Pensions (Increase) Acts specified in sub-paragraph (2) of this paragraph, the pension shall for the purpose of this paragraph be treated as qualifying for that increase under the said former Pensions (Increase) Acts; and where that increase is adjusted in accordance with head (b) or (d) of this sub-paragraph the 1971 rate shall be adjusted accordingly;

(b)

if one or more of the contributory derivative pensions to which section 6 of the Act is applicable qualify under Schedule 5 for the increase under a particular Table, or paragraph of a Table, in the Annex to that Schedule and one or more of the earnings-related pensions to which section 6 is applicable qualify for the increase under the provision of the former Pensions (Increase) Acts corresponding to that Table or paragraph as specified in sub-paragraph (2) of this paragraph—

(i)

the increases payable under that Table or paragraph and the corresponding provision in respect of all the pensions which so qualify (as reduced where appropriate, in the case of contributory derivative pensions, under paragraph 4 of Schedule 5) shall in total be limited to the increase which would be payable under the Table or paragraph in respect of a single pension of which the rate by reference to which the increase is calculated is the sum of the rates (as the case may be, the increasable rate or that rate as increased under previous Tables or provisions) by reference to which the increase under that Table, paragraph or corresponding provision in respect of each pension which so qualifies is calculated; and

(ii)

the total amount of increases as so limited shall be apportioned among the pensions which so qualify in proportion to the size of the increase which would have been made in respect of each pension but for that limitation;

(c)

if two or more of the contributory derivative pensions to which section 6 of the Act is applicable qualify under Schedule 5 for the increase under a particular Table, or paragraph of a Table, in the Annex to that Schedule but none of the earnings-related pensions to which section 6 is applicable qualify for the increase under the provision of the former Pensions (Increase) Acts corresponding to that Table or paragraph as specified in sub-paragraph (2) of this paragraph, paragraph 7 shall apply in respect of the increase of the contributory derivative pensions;

(d)

if two or more earnings-related pensions to which section 6 of the Act is applicable qualify for the increase under section 2 of the Pensions (Increase) Act 1962 but none of the contributory derivative pensions to which section 6 is applicable qualify under Schedule 5 for the increase under paragraph (b) of Table V in the Annex to that Schedule—

(i)

the increases under the said section 2 in respect of all the pensions which so qualify shall in total be limited to the increase which would be payable under the said section 2 in respect of a single pension of which the rate by reference to which the increase is calculated is the sum of the rates by reference to which the increase under the said section 2 in respect of each pension which so qualifies is calculated; and

(ii)

(2)

For the purpose of sub-paragraph (1)(a) of this paragraph the provisions of the former Pensions (Increase) Acts are those set out in Column 2 below, and for the purpose of sub-paragraph (1)(b) and (c) the provision of the former Pensions (Increase) Acts corresponding to a Table, or paragraph of a Table, in the Annex to Schedule 5 set out in Column 1 below is the provision set out opposite it in Column 2 below:

Column 1 Table	Column 2 Provision of former Pensions (Increase) Acts
I	Pensions (Increase) Act 1920^f1, section 1
II	Pensions (Increase) Act 1944^f2, section 1
III paragraph (a)	Pensions (Increase) Act 1952^f3, section 1
III paragraph (b)	Pensions (Increase) Act 1956^f4, section 1
IV	Pensions (Increase) Act 1959^f5, section 1
V paragraph (a)	Pensions (Increase) Act 1962, section 1
V paragraph (b)	Pensions (Increase) Act 1962, section 2
VI	Pensions (Increase) Act 1965^f6, section 1
VII	Pensions (Increase) Act 1969^f7, section 1

Annotations

Footnotes

f1: 1920 c. 36; section 1 was amended by the Statute Law Revision Act 1927 (c. 42), Schedule; the Act was repealed by the Pensions (Increase) Act 1971 (c. 56) (“the 1971 Act”), Schedule 7.
f2: 1944 c. 21; section 1 was amended by the Pensions (Increase) Act 1947 (c. 7), section 1(1); by the Pensions (Increase) Act 1956 (c. 39), Schedule 5; by the Pensions (Increase) Act 1962 (c. 2), section 5(1); the Act was repealed by the 1971 Act, Schedule 7.
f3: 1952 c. 45; section 1 was amended by the Pensions (Increase) Act 1956 (c. 39), Schedule 5; the Act was repealed by the 1971 Act, Schedule 7.
f4: 1956 c. 39; section 1 was amended by the Pensions (Increase) Act 1965 (c. 78), section 2(5)(b); the Act was repealed by the 1971 Act, Schedule 7.
f5: 1959 c. 50; repealed by the 1971 Act, Schedule 7.
f6: 1965 c. 78; repealed by the 1971 Act, Schedule 7.
f7: 1969 c. 7; repealed by the 1971 Act, Schedule 7.