Regulation E9 Increase of awards (other than flat-rate awards) by reference to the Pensions (Increase) Acts
Where it is provided that, for the purpose of calculating an award by way of periodical payments or a gratuity (“the relevant award”), an amount shall be increased in accordance with this Regulation, it shall be increased by the amount, if any, by which a corresponding pension, within the meaning of the Pensions (Increase) Act 1971f1, of the amount first mentioned would from time to time be increased under the Pensions (Increase) Acts if—
it were payable to the person entitled to the relevant award and, in relation thereto, he had the like guaranteed minimum pension (if any) as he has in relation to the relevant award;
it were one of the pensions specified in paragraph 43 of Part II of Schedule 2 to the said Act of 1971;
it were not a pension to which section 1(2)(a) of the Pensions (Increase) Act 1974f2 applies, and
it began, within the meaning of the said Act of 1971, and became payable when the relevant award so began and became payable.
Where the relevant award is a child’s allowance, the Pensions (Increase) Acts as applied by paragraph (1) shall have effect as if section 3 were omitted from the Pensions (Increase) Act 1971 and, accordingly, the amount first mentioned in paragraph (1) shall be increased so long as the allowance is payable.
Annotations
Footnotes
- f1
- f2