# Pensions Increase (Review) Order (Northern Ireland) 2012

S.R. 2012/137 · made 21 March 2012

This Order provides for increases in the rates of public service pensions.

Made under: Social Security Administration (Northern Ireland) Act 1992; Social Security Pensions (Northern Ireland) Order 1975 (Article 69)

PDFs: Printed copy https://openlegislation.uk/pensions-increase-review-order-northern-ireland-2012/pdf/nisr_20120137_en.pdf; Explanatory Memorandum https://openlegislation.uk/pensions-increase-review-order-northern-ireland-2012/pdf/nisrem_20120137_en.pdf

## Introductory text

Pensions
Made 21st March 2012
Coming into operation 9th April 2012
In accordance with section 132 of the Social Security Administration (Northern Ireland) Act 1992 the Department for Social Development has given a direction that the sums which are the additional pensions in long-term benefits are to be increased by a specified percentage.
The Department of Finance and Personnel now makes the following Order in exercise of the powers conferred by Article 69(1), (2), (5) and (5ZA) of the Social Security Pensions (Northern Ireland) Order 1975 and now vested in it.

## 1 Citation and commencement

This Order may be cited as the Pensions Increase (Review) Order (Northern Ireland) 2012 and shall come into operation on 9th April 2012.

## 2 Interpretation

(1) In this Order—
“the 1971 Act” means the Pensions (Increase) Act (Northern Ireland) 1971;
“the 1975 Order” means the Social Security Pensions (Northern Ireland) Order 1975;
“basic rate” and “derivative pension” have the meanings given by section 15(1) of the 1971 Act ;
“existing Orders” means the Orders referred to in the Schedule;
“official pension” has the meaning given by section 5(1) of the 1971 Act;
“pension authority” has the meaning given by section7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 the 1971 Act;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 15(1) of the 1971 Act.
(2) For the purpose 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.

## 3 Pensions increases

(1) The pension authority may, if any of the conditions in paragraph (2) are fulfilled, increase the annual rate of an official pension in respect of any period on or after 9th April 2012 as follows—
(a) a pension beginning before 11th April 2011 may be increased by 5.2 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);
(b) a pension beginning on or after 11th April 2011 and before 9th April 2012 may be increased by 5.2 per cent multiplied by—
A B where
A is the number of complete months in the period between the beginning date of the pension and 9th April 2012; and
B is 12.
(2) Those conditions are—
(a) a qualifying condition is satisfied;
(b) the official pension is—
(i) a derivative pension;
(ii) a substituted pension; or
(iii) a relevant injury pension.

## 4 Increase in certain lump sums

(1) This Article applies to any lump sum or instalment of a lump sum which became payable on or after 11th April 2011 but before 9th April 2012.
(2) The pension authority may increase a lump sum or instalment of a lump sum to which this Article applies by 5.2 per cent of the amount of the lump sum or instalment (as increased by the amount of any increase under section 1 of the 1971 Act or under the existing Orders) multiplied by—
A B where
(a) A is the number of complete months in the period between the beginning date for the lump sum or, if later, 11th April 2011 and the date on which it became payable; and
(b) B is 12.

## 5 Reduction in respect of guaranteed minimum pensions

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 minimum pension on 9th April 2012; 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 Department of Finance and Personnel otherwise directs in accordance with the provisions of Article 69A of the 1975 Order.

## 6 Reduction in respect of guaranteed minimum pensions

The amount by reference to which any increase in the rate of a widow’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 deceased spouse to a guaranteed minimum pension, be reduced in accordance with Article 69(5ZA) of the 1975 Order.

## Signature

Sealed with the Official Seal of the Department of Finance and Personnel on 21st March 2012
(L.S.)
John McKibbon
A senior officer of the
Department of Finance and Personnel

## Schedule 1 Existing Orders

The Pensions Increase (Annual Review) Order (Northern Ireland) 1972
The Pensions Increase (Annual Review) Order (Northern Ireland) 1973
The Pensions Increase (Annual Review) Order (Northern Ireland) 1974
The Pensions Increase (Annual Review) Order (Northern Ireland) 1975
The Pensions Increase (Annual Review) Order (Northern Ireland) 1976
The Pensions Increase (Annual Review) Order (Northern Ireland) 1977
The Pensions Increase (Annual Review) Order (Northern Ireland) 1978
The Pensions Increase (Review) Order (Northern Ireland) 1979
The Pensions Increase (Review) Order (Northern Ireland) 1980
The Pensions Increase (Review) Order (Northern Ireland) 1981
The Pensions Increase (Review) Order (Northern Ireland) 1982
The Pensions Increase (Review) Order (Northern Ireland) 1983
The Pensions Increase (Review) Order (Northern Ireland) 1984
The Pensions Increase (Review) Order (Northern Ireland) 1985
The Pensions Increase (Review) Order (Northern Ireland) 1986
The Pensions Increase (Review) Order (Northern Ireland) 1987
The Pensions Increase (Review) Order (Northern Ireland) 1988
The Pensions Increase (Review) Order (Northern Ireland) 1989
The Pensions Increase (Review) Order (Northern Ireland) 1990
The Pensions Increase (Review) Order (Northern Ireland) 1991
The Pensions Increase (Review) Order (Northern Ireland) 1992
The Pensions Increase (Review) Order (Northern Ireland) 1993
The Pensions Increase (Review) Order (Northern Ireland) 1994
The Pensions Increase (Review) Order (Northern Ireland) 1995
The Pensions Increase (Review) Order (Northern Ireland) 1996
The Pensions Increase (Review) Order (Northern Ireland) 1997
The Pensions Increase (Review) Order (Northern Ireland) 1998
The Pensions Increase (Review) Order (Northern Ireland) 1999
The Pensions Increase (Review) Order (Northern Ireland) 2000
The Pensions Increase (Review) Order (Northern Ireland) 2001
The Pensions Increase (Review) Order (Northern Ireland) 2002
The Pensions Increase (Review) Order (Northern Ireland) 2003
The Pensions Increase (Review) Order (Northern Ireland) 2004
The Pensions Increase (Review) Order (Northern Ireland) 2005
The Pensions Increase (Review) Order (Northern Ireland) 2006
The Pensions Increase (Review) Order (Northern Ireland) 2007
The Pensions Increase (Review) Order (Northern Ireland) 2008
The Pensions Increase (Review) Order (Northern Ireland) 2009
The Pensions Increase (Review) Order (Northern Ireland) 2011

## Explanatory note

(This note is not part of the Order)
This Order provides for increases in the rates of public service pensions.
The increase to be made in the rates of such pensions is the percentage (or in some circumstances a fraction of the percentage) by which the Department for Social Development has increased the sums which are the additional pensions in 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 11th April 2011 the increase is 5.2%.
For pensions which began on or after 11th April 2011 the increases are as follows:—
Pensions Beginning
Percentage Increase
Pensions Beginning
Percentage Increase
11th April 2011 to
24th April 2011
5.20%
25th November 2011 to
24th December 2011
1.73%
25th April 2011 to
24th May 2011
4.77%
25th December 2011 to
24th January 2012
1.30%
25th May 2011 to
24th June 2011
4.33%
25th January 2012 to
24th February 2012
0.87%
25th June 2011 to
24th July 2011
3.90%
25th February 2012 to
24th March 2012
0.43%
25th July 2011 to
24th August 2011
3.47%
25th August 2011 to
24th September 2011
3.03%
25th September 2011 to
24th October 2011
2.60%
25th October 2011 to
24th November 2011
2.17%
The Order provides for increases on certain deferred lump sums which became payable on or after 11th April 2011 and before 9th April 2012.
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 an amount equal to the rate of the guaranteed minimum pension entitlement deriving from the employment which gives rise to the official pension.

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Source: https://www.legislation.gov.uk/nisr/2012/137 (the official version)
Page: https://openlegislation.uk/pensions-increase-review-order-northern-ireland-2012
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

