Article 9 Amount of supplement

(1)

Where a pension begins on or before 1st April 1961, and any qualifying condition is satisfied other than one of the conditions specified in section 3(3)(b), (c) and (d) of the 1971 Act (which relate to pensioners in receipt of derivative pensions while of an age less than 16 or receiving education or training) the addition to be made to the 1971 rate in accordance with section 6(5) of that Act shall, subject to paragraph (2) below, be of the amount which—

(a)

is given by reference to the 1971 rate in Table VII annexed to this order; and

(b)

is incorporated by reference to the basic rate in Tables I, II, IA and IIA, IV and IIIA and IVA for the pensions (or some of the pensions) to which those Tables apply.

(2)

Where the supplement may be added to the 1971 rate of a pension, and the pensioner is in receipt also of another aggregable pension, then the amount of the supplement shall be reduced by the amount, if any, required by the rules contained in the notes to Table VII.

(3)

For purposes of paragraph (2) above, 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 supplement payable on either pension paragraph (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).

(4)

The following pensions are aggregable for purpose of paragraph (2) above:—

(a)

any pension in the case of which the supplement may be added to the 1971 rate;

(b)

subject to paragraph (5) below, any service pension of which the rate is increasable by an amount corresponding to the supplement;

(c)

any pension in the case of which an increase is payable under any scheme (wherever in forced and whether or not authorised by any enactment) which was determined for the corresponding purpose of the 1962 Act to be similar to the provisions of that Act.

(5)

Article 7(6) above shall apply for purposes of paragraph (4) of this Article as it applies for purposes of Article 7(4) and (5).

(6)

In the case of a pension aggregable by virtue of paragraph (4)(c) above the provisions of this Article and of Table VII as to the reduction of the supplement where the pensioner is in receipt of more than one pension shall apply subject to the like modifications, if any, as were directed to have effect for the corresponding purpose of the Act of 1962.