Article 7 Apportionments for 1971 rate in case of double pension (Tables I, II, III and IV)
Where a pensioner is in receipt of a pension within the 1944 Act, and—
the pension—
is an earnings-related pension beginning on or before 1st April 1947 if it is based on final emoluments, or on or before 31st March 1947 if it is based on average emoluments; and
is not one for which head 1 of Table I, II or III is excluded by the rules as to war increases contained in the notes to Table V; or
the pension is an earnings-related pension based on average emoluments which begins after 31st March 1947 but on or before 31st March 1952, with an averaging period beginning before 1st April 1946, and is not one for which the adjusted 1944 element obtained from note 3 to Table V would be nil; or
the pension is a flat-rate pension beginning on or before 31st March 1952 and became payable on or before 31st December 1965;
then, if the pensioner is in receipt also of another pension which is aggregable under paragraph (4) below, Table I, II, III or IV is not to be used to find the 1971 rate of the pension, but that rate shall be arrived at by adding together the adjusted 1944 element, if any, to be derived from Table V, the adjusted 1952 element to be derived from Table VI and the adjusted basic rate.
For this purpose the adjusted basic rate is 1.8887 times the basic rate or, if the basic rate is more than £1,000, is the sum of 1·7170 times the basic rate and £171·70, except for pensions within sub-paragraph (b) above which begin after 1st January 1948 and for which, but for this Article, Table III would be used to find the 1971 rate; and for those pensions the adjusted basic rate is the rate given by Table IIIA and IVA as the 1971 rate for a pension beginning on 1st April 1952 and not within the 1944 Act.
Where a pensioner is in receipt of a pension beginning on or before 31st March 1952, and either—
the pension is within the 1944 Act, but paragraph (1) above does not operate in relation to it; or
the pension is within the 1952 Act;
then, if the pensioner is in receipt also of another aggregable pension, the 1971 rate given for the pension first referred to by Table I, II or III shall be reduced by the amount, if any, required by the rules contained in the notes to Table VI.
For purposes of this Article a person for whose benefit a pension is payable shall be deemed to be in receipt of the pension notwithstanding that it is payable to some other person; and—
where a man and his wife are in receipt, one of a substituted pension, and the other of the original pension, then in relation to the 1971 rate of either pension paragraph (1) or (2) above shall apply as if the one in receipt of the original pension were in receipt also of the substituted pension (instead of the one actually in receipt of it); and
where a pensioner is in receipt of a pension described in paragraph (1) or (2) above and payable in respect of the services of the pensioner's deceased husband or wife, and another person is in receipt of a pension so described payable in respect of those services but payable for his benefit to that pensioner, then in relation to the 1971 rate of any of the pensions paragraph (1) or (2) above shall apply as if the person in receipt of it were in receipt also of any other of them; and
where a pensioner is in receipt of a pension described in paragraph (1) above and payable in respect of the services of the pensioner's deceased husband, and a person under the age of 16 who is dependent on her is also in receipt of a pension so described payable in respect of those services (whether or not payable for his benefit to that pensioner), then in relation to the 1971 rate of any of the pensions paragraph (1) above shall apply as if the person in receipt of it were in receipt also of any other of them.
The following pensions are aggregable for purposes of this Article:—
any pension within the 1944 Act which either—
is an earnings-related pension based on final emoluments that begins on or before 1st April 1947; or
is an earnings-related pension based on average emoluments, that either begins on or before 31st March 1947 or begins at any time before the year 1969 but with an averaging period beginning before 1st April 1946; or
is a flat rate pension that either begins on or before 1st April 1947 or became payable on or before 31st December 1965;
subject to paragraph (6) below, any service pension of which the rate is increasable by an amount corresponding to the 1944 element;
any pension in the case of which an increase is payable under any scheme (wherever in force and whether or not authorised by or under any enactment) which was determined for the corresponding purpose of the 1944 Act and 1947 Act to be similar to the provisions of those Acts.
In relation to the 1952 element the following pensions are also aggregable for purposes of this Article:—
any pension within the 1952 Act that begins on or before 31st March 1952;
subject to paragraph (6) below, any service pension of which the rate is increasable by an amount corresponding to the 1952 element;
any pension in the case of which an increase is payable under any scheme (wherever in force and whether or not authorised by or under any enactment) which was determined for the corresponding purpose of the 1952 Act to be similar to the provisions of that Act.
In paragraphs (4) and (5) above “service pension” means a pension granted under any Order in Council, Royal Warrant or Order of Her Majesty in respect of service in Her Majesty's naval, military or air forces, whether that service has been rendered by the pensioner or by any other person; but there shall be disregarded—
the whole of any service pension granted solely on account of death or disablement which is attributable to service in those forces, or granted partly on account of death or disablement which is so attributable but without any specific part of the pension being referable to the death or disablement; and
so much as is specifically referable to the death or disablement of any other pension granted partly on account of death or disablement which is so attributable.
For purposes of sub-paragraphs (a) and (b) above a person's death or disablement shall be treated as attributable to service in Her Majesty's naval, military or air forces, if it is wholly or partly due to any wound, injury or disease which has been caused or aggravated by service in those forces.
In the case of a pension aggregable by virtue of paragraph (4)(c) or (5)(c) above, account may be taken of it to such greater or less extent as was determined, by the determination there referred to, to have been appropriate for the corresponding purpose of the 1944 Act and 1947 Act or of the 1952 Act, as the case may be.