OpenLegislation

Social Security Pensions Act 1975 in Northern Ireland

1975 c. 60 · Enacted 7 August 1975 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 7 December 2020.

Contents

  1. 1–5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  2. 6–10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  3. 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 12–16A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  6. 18–21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  7. 22Section 22
  8. 23–25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  9. Preliminary
  10. Contracted-out rates of contributions and benefits
  11. Arrangements for contracting-out
  12. Requirements for contracting-out
  13. 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  14. 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  15. Protection of pensions
  16. State scheme premiums
  17. 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  18. Part IV: Occupational Pensions
  19. 56B–56D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  20. 56F–56J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  21. 56KSection 56K
  22. 56M, 56N. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  23. Other provisions
  24. 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  25. 59Increase of official pensions.
  26. 59AModification of effect of section 59(5).
  27. Part IVA: The Pensions Ombudsman
  28. 59B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  29. Part V: General
  30. 59K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  31. 65Amendments of enactments; repeals.
  32. 68Short title, citation and extent.
  33. Interpretation
  34. 1Paragraph 1
  35. Annual increase of later service component
  36. 2Paragraph 2
  37. Annual increase of earlier service component where scheme is in surplus
  38. 3Paragraph 3
  39. Proportional increases where first period is less than 12 months
  40. 4Paragraph 4
  41. Restriction on increases where member is under 55
  42. 5Paragraph 5
  43. Application of Schedule to pensions not attributable to pensionable service
  44. 6Paragraph 6
  45. Regulations
  46. 7Paragraph 7
  47. Overriding effect of the increase provisions
  48. 8Paragraph 8
  49. Schedule 4: AMENDMENTS OF ENACTMENTS
  50. Part I: CONSEQUENTIAL AND OTHER AMENDMENTS
  51. 1Paragraph 1
  52. 3Paragraph 3
  53. 5Paragraph 5
  54. 6Paragraph 6
  55. 7Paragraph 7
  56. 8Paragraph 8
  57. 9Paragraph 9
  58. 11Paragraph 11
  59. The Income and Corporation Taxes Act 1970
  60. 12Paragraph 12
  61. 13Paragraph 13
  62. 14Paragraph 14
  63. 15Paragraph 15
  64. 16Paragraph 16
  65. 17Paragraph 17
  66. 18Paragraph 18
  67. 19Paragraph 19
  68. The Finance Act 1971
  69. 20Paragraph 20
  70. 22Paragraph 22
  71. The Social Security Act
  72. 26Paragraph 26 Repealed
  73. 27Paragraph 27 Repealed
  74. 30Paragraph 30 Repealed
  75. 33Paragraph 33 Repealed
  76. 48Paragraph 48
  77. 51Paragraph 51
  78. Part II: MINOR CORRECTIONS OF 1975 CONSOLIDATION ACTS
  79. The Social Security (Northern Ireland) Act 1975
  80. 68Paragraph 68 Repealed
  81. 69Paragraph 69 Repealed
  82. 70Paragraph 70 Repealed
  83. The Social Security (Consequential Provisions) Act
  84. 71Paragraph 71
  85. Schedule 5REPEALS

1–5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

6–10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

12–16A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

18–21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

22

1)-(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

23–25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

56B–56D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

56F–56J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

56K

1)–(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

5)(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

56M, 56N. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

59Increase of official pensions.E1C1C2

(1)

Where by virtue of F1section 151 of the Administration Act a direction is given that the sums mentioned in section 150(1)(c) of that Act are to be increased by a specified percentage the Minister for the Civil Service shall by order provide that the annual rate of an official pension may, if a qualifying condition is satisfied or the pension is F2a derivative or substituted pension or a relevant injury pension, be increased in respect of any period beginning on or after the date on which the direction takes effect—

(a)

if the pension began before the beginning of the base period for that direction, by the same percentage as that specified in the direction;

(b)

if the pension began during the base period, by that percentage multiplied byA/B where A is the number of complete months in the period between the beginning of the pension and the end of the base period and B is the number of complete months in the base period.

(2)

Where an order is made under this section in consequence of any such direction as aforesaid the order shall, in addition to the provision required by subsection (1) above, authorise the payment of an increase in respect of any lump sum that becomes payable during the base period for that direction, being an increase equal to the percentage specified in the direction multiplied by

AB

where—

(a)

A is the number of complete months in the period between the beginning date for the lump sum (or, if later, the date from which it was last authorised to be increased by an order under this section) and the date on which it becomes payable; and

(b)

B is the number of complete months in that base period.

(3)

In the case of the first order made under this section in consequence of any such direction as aforesaid, subsection (1) above shall have effect as if the increase required to be authorised in the case of any pension (whether beginning before or during the base period) were an increase equal to the percentage specified in the direction multiplied by

AB

where—

(a)

A is the number of complete months in the period between the beginning of the pension (or, if later, the date from which it was last authorised to be increased by an order under section 2 of the M1Pensions (Increase) Act 1971) and the end of the base period for that direction; and

(b)

B is the number of complete months in that base period.

(4)

In the case of the first order so made under this section, subsection (2) above shall have effect as if—

(a)

for the reference to any lump sum that becomes payable during the base period there were substituted a reference to any lump sum that becomes or has become payable before the end of the base period but after the date from which official pensions were last increased by an order under section 2 of the M2Pensions (Increase) Act 1971; and

(b)

the reference in paragraph (a) of the subsection to the date from which the lump sum was last authorised to be increased were a reference to the date specified in paragraph (a) above.

(5)

The increases in the rate of a pension that may be provided for by an order under this section are to be calculated by reference to the basic rate of the pension as authorised to be increased by section 1 of the said Act of 1971 or by any order under section 2 of that Act or this section; but where—

F3(a)

a person is entitled to a guaranteed minimum pension when an order under this section comes into force; and

(b)

entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit F4...) entitlement to the official pension also arises;

the amount by reference to which any increase authorised by that or any subsequent order is to be calculated shall be reduced by an amount equal to the rate of the guaranteed minimum pension.

C3(F55ZA)

In the application of subsection (5) above in relation to a F6F7surviving spouse’s F8or surviving civil partner's pension in a case where the pensioner becomes entitled on the death of the deceased spouse F9or civil partner to such a guaranteed minimum pension as is there mentioned.

(a)

the pensioner shall be treated as having been entitled to that guaranteed minimum pension at all times during the period beginning with the date on which the deceased spouse F10or civil partner became entitled to a guaranteed minimum pension and ending with the date of the death;

(b)

the rate of the guaranteed minimum pension to which the pensioner is treated as so entitled at any time during that periodF11(“the relevant time”) shall be taken to be F12the rate provided for in subsection (5ZB); and

(c)

the amount by reference to which any increase in the F13F14surviving spouse’s F15or surviving civil partner's pension is to be calculated shall, subject to any directions under section 59A below (whether made before or after the coming into force of this subsection), be accordingly reduced under that subsection by an amount equal to the rate, as determined under paragraph (b) above, of the guaranteed minimum pension to which the pensioner is treated as entitled;

F16...

F17(5ZB)

The rate referred to in subsection (5ZA)(b) is—

F18(F19a)

in the case of a pension payable to a woman in respect of the services—

(i)

of her deceased male spouse; or

(ii)

of her deceased female spouse in a relevant gender change case;

one half of the rate of the deceased spouse’s guaranteed minimum pension at the relevant time;

(b)

in the case of F20F21any other surviving spouse’s pension, one half of so much of the rate of the deceased F22F23spouse’s guaranteed minimum pension at the relevant time as is attributable to earnings factors for the tax year 1988-89 and subsequent tax years;

(c)

in the case of a surviving civil partner's pension, one half of so much of the rate of the deceased civil partner's guaranteed minimum pension at the relevant time as is attributable to earnings factors for the tax year 1988-89 and subsequent tax years.

(5ZC)

Subsection (5ZA)—

(F24a)

does not apply to—

(i)

a pension payable to a woman in respect of the services of her deceased male spouse;

(ii)

a pension payable to a man in respect of the services of his deceased female spouse;

(iii)

a pension payable to a woman in respect of the services of her deceased female spouse in a relevant gender change case; or

(iv)

a pension payable to a man in respect of the services of his deceased male spouse in a relevant gender change case,

in respect of any service of the deceased spouse if that deceased spouse’s pension in respect of that service became payable before 24th July 1990;

(F25a)

does not apply to a pension payable to the survivor of a couple in respect of any service of the deceased member of the couple if—

(i)

the deceased member’s pension in respect of that service became payable before 24 July 1990,

(ii)

a marriage between the couple is solemnised at a time (whether or not before the deceased member’s pension in respect of that service became payable) when one of them is a man and the other is a woman and they are not civil partners, and

(iii)

at the deceased member’s death (and whether or not the couple are still not of the same sex), the couple are parties to that marriage or to the civil partnership resulting from conversion of that marriage;

(b)

applies to a F26F27pension due to a surviving spouse who was married to someone of the same sex F28(other than a pension within paragraph (a)(iii) or (iv)) (other than such a pension in respect of the services of the deceased spouse in a relevant gender change case) and a surviving civil partner's pension only in respect of amounts payable after the coming into force of this subsection.

F29(5A)

Nothing in F30section 110(2) or (3) of, or paragraph 10 of Schedule 6 to, the Pension Schemes Act 1993 authorises any deduction from an increase in the rate of an official pension under this section.

(6)

Any order under this section shall be made by statutory instrument and shall be laid before Parliament after being made.

(7)

In this section—

  • “base period”, in relation to any such direction as is mentioned in subsection (1) above, means the period ending with the coming into force of that direction and beginning with the coming into force of the last previous such direction or, if there was none, with F3113th November 1978 (date of the relevant order under section 124 of the principal Act, increasing rates of benefit);

  • “beginning date”, in relation to a lump sum, shall be construed in accordance with sections 8(2) and 9(2)(a) of the said Act of 1971;

  • F32“conversion”, in relation to a marriage, means—

    1. (a)

      the conversion of that marriage into a civil partnership under Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, or

    2. (b)

      the conversion of that marriage into a civil partnership under Part 4 or 5 of those Regulations;

  • F33“employment”, “guaranteed minimum pension” and “transfer credit” have the same meaning as in section 181(1) of the Pension Schemes Act 1993

  • “lump sum” includes an instalment of a lump sum;

  • F34F35“relevant gender change case” means a case where—

    1. (a)

      the deceased spouse was a man or a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

    2. (b)

      the marriage of the deceased spouse and the surviving spouse (that ends with the deceased spouse’s death) subsisted before the time when the certificate was issued,

  • F36F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and this section F38and section 59A of this Act and the said Act of 1971 shall have effect as if this section and section 59A of this Act were contained in Part I of that Act.

F39(8)

Where, for the purposes of this section, 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.

59AModification of effect of section 59(5).E1F1

(1)

This section applies where the amount by reference to which an increase in an official pension is to be calculated would, but for the provisions of this section, be reduced under section 59(5) of this Act by an amount equal to the rate of a guaranteed minimum pension.

(2)

The Minister for the Civil Service may direct that in such cases or classes of case as may be specified in the direction—

(a)

no such reduction shall be made; or

(b)

the reduction shall be of an amount less than the rate of the guaranteed minimum pension;

and in any case to which such a direction applies the increase shall, in respect of such period or periods as may be specified in the direction, be calculated in accordance with the direction, notwithstanding section 59(5).

(F22A)

Where in any tax year F3as defined in section 181(1) of the Pension Schemes Act 1993—

(a)

an increase is calculated in accordance with a direction under this section; and

(b)

the amount by reference to which the increase is calculated, or any part of it, is increased in that tax year under F4section 109 of the Pension Schemes Act 1993,

the increase calculated in accordance with the direction shall be reduced by the amount of the increase under F5that section.

(3)

A direction under this section may provide that where it has applied in any case and ceases to apply in that case, the rate of the official pension for any period following the date on which the direction ceases to apply shall, in such circumstances as may be specified in the direction, be calculated as if the direction had never applied.

(4)

A direction under this section may provide that the rate of an official pension shall, in such circumstances as may be specified in the direction, be calculated as if the direction had been in force at all times during such period as may be so specified.

(5)

A direction made under subsection (2) above may be varied or revoked by a subsequent direction.

59B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1F2

59K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

65Amendments of enactments; repeals.

C1(1)

The enactments mentioned in Part I of Schedule 4 to this Act shall have effect with the amendments there specified, being amendments consequential on the provisions of this Act and otherwise required in connection with those provisions.

(2)

The enactments mentioned in Part II of Schedule 4 to this Act shall have effect, and be deemed always to have had effect, with the amendments there specified, being amendments required for the correction in certain minor respects of the M1social security consolidation Acts passed in March 1975; and paragraph 1 of Schedule 5 to the Social Security Benefits Act 1975 (commencement orders) shall be deemed not to have been repealed.

(3)

The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(5)

The Secretary of State may, with the consent of the Minister for the Civil Service, make payments to the chairman and members of the Reserve Pension Board in consequence of its abolition by this Act.

68Short title, citation and extent.

(1)

This Act may be cited as the Social Security Pensions Act 1975.

(2)

The M1Social Security Act 1975 and this Act may be cited together as the Social Security Acts 1975.

(3)

The following provisions of this Act have the same extent as the M2Pensions (Increase) Act 1971—

(a)

F1sections 59 and 59A;

(b)

paragraph 18 of Schedule 4;

(c)

Schedule 5, so far as it repeals provisions of that Act.

(4)

F2. . . this Act extends to Northern Ireland so far as it—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

repeals Part III and section 89(3)(c) and (4) of that Act, and Schedules 18 to 20 to that Act;

(d)

by section 65(2) and Part II of Schedule 4 amends the M3Social Security (Northern Ireland) Act 1975 and the M4Social Security (Consequential Provisions) Act 1975 and reinstates paragraph 1 of Schedule 5 to the M5Social Security Benefits Act 1975;

(e)

repeals paragraphs 47 and (in part) 58 of Schedule 2 to the Social Security (Consequential Provisions) Act 1975;

(f)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)

repeals provisions of the M6Public Records Act 1958, the M7Superannuation Act 1972, the M8Parliamentary and other Pensions Act 1972, the M9Pensions (Increase) Act 1974 and the M10House of Commons Disqualification Act 1975;

but subject to the foregoing provisions of this subsection and to subsection (3) above, this Act does not extend to Northern Ireland.

1F1

In this Schedule—

  • “annual rate”, in relation to a pension or the later or earlier service component of a pension, means the annual rate of the pension or component, as previously increased under the rules of the scheme or this Schedule;

  • “the appointed day” means the day on which this Schedule and section 58A of this Act come into force;

  • “the appropriate percentage”, in relation to an increase in the annual rate of a pension or a component of a pension, means the percentage specified in the last revaluation order made before the increase is to take effect as the revaluation percentage for the last revaluation period of twelve months;

  • “earlier service component” means so much (if any) of the annual rate of the pension as is attributable to pensionable service before the appointed day;

  • “later service component” means so much (if any) of the annual rate of the pension as is attributable to pensionable service on or after the appointed day;

  • “pension”, in relation to a scheme, means any pension which commences or has commenced under the scheme but does not include—

    1. (a)

      a guaranteed minimum pension or any increase in such a pension under section 37A above; or

    2. (b)

      any money purchase benefit;

  • “pensionable service” has the meaning given by paragraph 3 of Schedule 16 to the 1973 Act;

  • “qualifying scheme” means a scheme to which section 58A of this Act applies;

  • “revaluation order”, “revaluation percentage” and “revaluation period” shall be construed in accordance with section 52A above.

2F1

(1)

If, apart from this Schedule, the annual rate of a pension under a qualifying scheme would not be increased as mentioned in section 58A(1)(b) of this Act, the annual rate of its later service component shall be increased annually by at least an amount equal to the appropriate percentage of the annual rate of that component as applicable immediately before the increase takes effect.

(2)

The first increase by virtue of this paragraph in the rate of a pension shall take effect not later than the first anniversary of the commencement of the pension and subsequent increases shall take effect at intervals of not more than twelve months thereafter.

(3)

This paragraph is subject to paragraphs 4 to 7 below.

3F1

(1)

If on any valuation day the value of a qualifying scheme’s assets, as determined in accordance with regulations, exceeds the value of its liabilities, as so determined, the amount of the excess (the “valuation surplus”) shall be applied in accordance with the following provisions of this paragraph in providing for annual increases, up to the aggregate referred to in sub-paragraph (6) below, in the annual rate of the earlier service component of each pension under the scheme that would not, apart from this Schedule, be increased as mentioned in section 58A(1)(b) of this Act.

(2)

The amount of each annual increase to be provided in pursuance of this paragraph in consequence of a valuation surplus shall be an amount equal to the appropriate percentage of the annual rate of the earlier service component of the pension in question as applicable immediately before that annual increase takes effect.

(3)

Except in a case where regulations otherwise provide, the days which are “valuation days” for the purposes of this paragraph are—

(a)

the appointed day; and

(b)

each subsequent day as at which the assets and liabilities of the scheme in question are actuarially valued for any purpose.

(4)

Where, in consequence of a valuation surplus, this paragraph requires provision to be made for annual increases in the annual rate of the earlier service component of a pension, the first of those increases shall take effect not later than the first anniversary of the later of—

(a)

the valuation day as at which the valuation was made which disclosed the valuation surplus; or

(b)

the commencement of the pension;

and subsequent increases shall take effect at intervals of not more than twelve months thereafter.

(5)

In any case where—

(a)

a valuation of the assets and liabilities of a qualifying scheme discloses a valuation surplus, but

(b)

the amount of the surplus is insufficient to provide in full for the annual increases otherwise required by this paragraph in pensions under the scheme,

the valuation surplus shall be applied in providing for the increases so required but only at the percentage rate that would apply year by year in relation to those increases if, for the maximum percentage of 5 per cent. specified in section 52A(9)(a) above, there were substituted such lower percentage as represents the greatest maximum percentage, as determined in accordance with regulations, by reference to which the valuation surplus is sufficient to provide for annual increases in the earlier service component of the pensions in question.

(6)

If a valuation surplus is disclosed on a valuation at any time when either—

(a)

provision has already been made by the scheme for the annual rate of the earlier service component of every such pension as is mentioned in sub-paragraph (1) above to be increased annually in the aggregate by at least the appropriate percentage of that rate, or

(b)

the application of part only of the valuation surplus would be sufficient to secure that result,

this paragraph does not require that valuation surplus or, as the case may be, the remaining part of it, to be applied in the provision of increases under this paragraph.

(7)

the powers conferred by sub-paragraphs (1) and (5) above to make regulations include, respectively, power to provide that the valuation of the scheme’s assets or liabilities is to be calculated and verified, or the percentage in question is to be determined,—

(a)

in such manner as may, in the particular case, be approved—

(i)

by a prescribed person;

(ii)

by a person with prescribed professional qualifications or experience; or

(iii)

by a person approved by the Secretary of State;

(b)

in accordance with guidance prepared by a prescribed body;

(c)

in accordance with prescribed principles and requirements; or

(d)

in accordance with principles determined by the person who performs the duties of calculation and verification.

(8)

This paragraph is subject to paragraphs 4 to 7 below.

4F1

(1)

Where a pension commenced to be paid less than twelve months before the date on which its first increase under paragraph 2 above is to take effect, the amount of that first increase shall be determined by the application of the formula—

M×I12

Where—

  1. M

    is the number of complete months in the period beginning with the commencement of the pension and ending immediately before that date; and

  2. I

    is the amount of the increase that would have been required by that paragraph, apart from this sub-paragraph.

(2)

This paragraph shall apply in relation to the first increase of a pension by virtue of paragraph 3 above in consequence of each successive valuation surplus as it applies in relation to the first increase of a pension under paragraph 2 above.

5F1

(1)

No increase under paragraph 2 or 3 above is required to be paid to or for a member of a scheme whose pension has commenced but who has not attained the age of 55 at the time when the increase takes effect, unless—

(a)

he is permanently incapacitated by mental or physical infirmity from engaging in regular full-time employment, or

(b)

he has retired on account of mental or physical infirmity from the office or employment in respect of which, or on retirement from which, the pension is payable,

in which case the pension shall be payable at the annual rate at which it would have been payable apart from this sub-paragraph.

(2)

The rules of a scheme may provide that if, in a case where a pension has been paid to or for a member under the age of 55 at an increased rate in consequence of paragraph (a) or (b) of sub-paragraph (1) above, the member—

(a)

ceases to suffer from the infirmity in question before he attains the age of 55, but

(b)

continues to be entitled to the pension,

any increases subsequently taking effect under paragraph 2 or 3 above in the annual rate of the pension shall not be paid or shall not be paid in full.

(3)

In any case where—

(a)

by virtue only of sub-paragraph (1) or (2) above, increases are not paid to or for a member or are not paid in full, but

(b)

the member attains the age of 55 or, in a case falling within sub-paragraph (2) above, again satisfies the conditions set out in paragraph (a) or (b) of sub-paragraph (1) above,

his pension shall thereupon become payable at the annual rate at which it would have been payable apart from sub-paragraph (1) or (2) above.

6F1

Regulations may provide that this Schedule (other than this paragraph) shall apply in relation to any pension under a qualifying scheme as if so much of the annual rate of the pension as would not otherwise be attributable to pensionable service were attributable in accordance with the regulations—

(a)

to pensionable service before the appointed day;

(b)

to pensionable service on or after that day; or

(c)

partly to pensionable service before, and partly to pensionable service on or after, that day;

and any reference to the earlier or later service component of the pension shall be construed accordingly.

7F1

(1)

The Secretary of State may by regulations direct that section 58A of this Act and this Schedule shall have effect, in such cases as he may specify.

(2)

In sub-paragraph (1) above “modification”, without prejudice to the generality of that sub-paragraph, includes addition, omission, and amendment.

8F1

The provisions of section 58A of this Act, this Schedule and any regulations made under it override any provision of a qualifying scheme, other than a protected provision (within the meaning of paragraph 7 of Schedule 1A to this Act), to the extent that it conflicts with them.

1

In section 118(1) of the Bankruptcy (Scotland) Act 1913 for paragraphs (f) and (g) there shall be substituted—

“(f)

all the debts specified in section 153(2) of the Social Security Act 1975, Schedule 3 to the Social Security Pensions Act 1975 and any corresponding provisions in force in Northern Ireland”

3

In section 319(1)(e) of the Companies Act 1948 for the words from “all the debts” onwards, there shall be substituted the words “all the debts specified in section 153(2) of the Social Security Act 1975, Schedule 3 to the Social Security Pensions Act 1975 and any corresponding provisions in force in Northern Ireland”.

5

In section 17(2)(b) of the Administration of Justice Act 1964 for the words from “together” onwards there shall be substituted the words

“together with—

(i)

secondary class 1 contributions payable in respect of those officers under Part I of the Social Security Act 1975; and

(ii)

state scheme premiums so payable under Part III of the Social Security Pensions Act 1975”

6

In section 8(3) of the Family Allowances Act 1965 after the words “the Social Security Act 1975” there shall be inserted the words “, the Social Security Pensions Act 1975”.

7

In section 16(1)(a) of the Supplementary Benefit Act 1966 after the words “the Social Security Act 1975” there shall be inserted the words “or Part II of the Social Security Pensions Act 1975”.

8

In section 26(4) of that Act after the words “Part II of the Social Security Act 1975” there shall be inserted the words “or Part II of the Social Security Pensions Act 1975”.

9

In paragraph 24 of Schedule 2 to that Act—

(a)

after sub-paragraph (2)(d) there shall be inserted—

“(e)

any guaranteed minimum pension within the meaning of the Social Security Pensions Act 1975”

(b)

in sub-paragraph (3) after the words “the Social Security Act 1973” there shall be inserted the words “or Part II of the Social Security Pensions Act 1975”;

(c)

In sub-paragraphs (4) and (5) for the words “the rate specified in Part I of Schedule 4 to the Social Security Act 1975 for a widow’s pension under that Act” there shall be substituted the words “the sum specified in section 6(1)(a) of the Social Security Pensions Act 1975”.

11

In section 40(3)(a) of the Rent Act 1968 for the words “Part III of the Social Security Act 1973” there shall be substituted the words “Part III of the Social Security Pensions Act 1975”

12

In section 8(2)(b) of the Income and Corporation Taxes Act 1970 after the words “those Acts” there shall be inserted the words “or the Social Security Pensions Act 1975 or under any provisions in force in Northern Ireland and corresponding to the last-mentioned Act.”

13

In Schedule 4 to the Administration of Justice Act 1970 for paragraph 3 there shall be substituted—

“3

State scheme premiums under Part III of the Social Security Pensions Act 1975.”

14

In section 8(4) of the Family Income Supplements Act 1970 for the words “the Social Security Act 1975” there shall be substituted the words “the Social Security Acts 1975”.

15

In section 24(2) of the Attachment of Earnings Act 1971 after paragraph (e) there shall be inserted—

“(f)

guaranteed minimum pension within the meaning of the Social Security Pensions Act 1975.”

16

In Schedule 2 to that Act for paragraph 3 there shall be substituted—

“3

State scheme premiums under Part III of the Social Security Pensions Act 1975.”

17

In Schedule 4 to that Act for the words “The Social Security Act 1975 (c. 14)” there shall be substituted the words “The Social Security Acts 1975 (cc. 14 and 60)”.

18

In section 5(3) of the Pensions (Increase) Act 1971 for the words “in relation to a particular review under section 2 above” there shall be substituted the words “for any particular purpose”.

19

In section 15(4) of that Act for the words “section 1 or 2 above” there shall be substituted the words “section 1 above or section 59 of the Social Security Pensions Act 1975”.

20

In paragraph 1(b) of Schedule 4 to the Finance Act 1971 for the words following “benefit under” there shall be substituted—

“(i)

the Social Security Act 1975,

(ii)

the Social Security Pensions Act 1975,

(iii)

the Social Security (Northern Ireland) Act 1975, or

(iv)

any provisions in force in Northern Ireland and corresponding to provisions of the Social Security Pensions Act 1975,

which is payable to the wife otherwise than by virtue (wholly or partly) of her own contributions. ”

22

In Schedule 3 to the Housing Finance Act 1972, in paragraph 9(2)(j) for the words “the rate specified in Schedule 4 to the Social Security Act 1975 for a widow’s pension under that Act” there shall be substituted the words “the sum specified in section 6(1)(a) of the Social Security Pensions Act 1975.”

26F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48

In section 42(3) of that Act after the words “Category A” there shall be inserted “, B”.

51

In section 125(1) of that Act, for paragraph (a) there shall be substituted—

“(a)

Parts I, IV and V of Schedule 4 to this Act and paragraphs 1 to 3, 4 and 5 of Part III; and”

68F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71

In Schedule 3 to the Social Security (Consequential Provisions) Act 1975—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

in paragraph 31, there shall be inserted at the end of the Table—

“ The words from “by statutory instrument” onwards (in paragraph 30(2)). ”

“ The words “by statutory rule for the purposes of the Statutory Rules Act (Northern Ireland) 1958; and any statutory rule containing any such regulations shall be laid before the Northern Ireland Assembly after being made.”

Schedule 5REPEALSC1

ChapterShort TitleExtent of Repeal
6 & 7 Eliz. 2. c. 51.The Public Records Act 1958.In Schedule 1, in Part I, in the second column of the Table, the words “Reserve Pension Board”.
1970 c. 10.The Income and Corporation Taxes Act 1970.In section 219(3), paragraph (a) the words “or any secondary reserve scheme contribution within the meaning of the said Act of 1973”; and the words “in either case”.
1971 c. 32.The Attachment of Earnings Act 1971.In Schedule 3, paragraph 3(b).
1971 c. 56.The Pensions (Increase) Act 1971.Section 2 but without prejudice to any existing order under that section.
Section 9(3), (4) and (4A).
1972 c. 11.The Superannuation Act 1972.Section 25.
1972 c. 48.The Parliamentary and other Pensions Act 1972.Section 34(2).
1972 c. 53.The Contracts of Employment Act 1972.In section 6, paragraph (d) together with the word “and” immediately preceding it.
1973 c. 38.The Social Security Act 1973.Section 1(7), (8) and (9).
Section 23(1).
In section 51, subsections (1), (2) and (4), in subsection (5) the words “in subsection (4)(a) above and” and subsections (6), (8) and (9).
In section 52, subsections (1) to (7), in subsection (8) the words “for the purposes of recognition, and” and “other” and subsection (9).
Sections 53 to 57.
Section 58(1)(c), (3), (4) and (5).
In section 59, in subsection (1) the words in brackets, and subsections (2) to (9).
Sections 60 to 62.
Part III.
Section 85.
In Section 86, in subsections (1), (4), (5) and (8) the word “concerned”, in subsection (4), paragraph (b) together with the word “or” immediately preceding it and subsection (9).
Section 88.
In section 89, in subsection (3), paragraph (c); and subsection (4).
Section 91.
In section 92, subsections (1) and (2); in subsection (4) the words from “the recovery” onwards; and subsections (5) to (7).
Section 93.
In section 98, in subsection (1)(a) the words from “including” onwards, and subsection (2).
In section 99, in subsection (1) all the definitions except those of “earnings”, “employment”, “Inland Revenue”, “linked qualifying service”, “the Northern Ireland Ministry”, “occupational pension scheme”, “prescribed”, “public service pension scheme”, “resources” and “transfer credits”, and subsections (6), (7), (10), (13) and (14).
Schedule 15.
Schedules 18, 19 and 20.
Schedule 22.
In Schedule 23, paragraph 5, and from paragraph 7 to the end.
Schedule 24.
1974 c. 9.The Pensions (Increase) Act 1974.In section 3, subsection (1) and in subsection (3)(a) the figure “2(1)”.
1974 c. 14.The National Insurance Act 1974.In Schedule 4, paragraphs 33 to 35.
1975 c. 14.The Social Security Act 1975In section 4(6)(a) the words “or 2 per cent. according to whether the earner is liable to contribute at the standard rate or the reduce d rate”.
Sections 5 and 6.
Section 7(2) and (3).
In section 8, in subsection (2), paragraph (b) together with the word “and” immediately preceding it, and subsection (3).
In section 9(8)(b the words followin g “pensionable age”.
In section 27(6), the words from “but where” onwards.
Section 28(2) to (6) and (8)(a).
In section 29, in subsection (7)(a)(i) the word “lower” and subsections (10) to (12).
In section 42(4)(a) the words in brackets.
Sectio n 120(5)(a).
Section 130(2) and (3).
In section 133(6), in paragraph (a) the words “the Reserve Pension Fund or” and in paragraph (b) the words “out of the Reserve Pension Fund or”.
In section 167(1)(a) the entry relating to section 5(3) and (4).
In Schedule 4, in Part I, paragraphs 2, 6, 7 and 8.
Schedule 7.
In Schedule 20 the definitions of “Reserve Pension Fund”, “Reserve scheme contributions” and “Reserve scheme premiums”.
1975 c. 18.The Social Security (Consequential Provisions) Act 1975.In Schedule 2, paragraphs 1(b), 2(b), 7(a), 47, 51, 53, to 57, 58 (except so much as substitutes “Ministry” for “Minister” in section 89(1) of the 1973 Act), 59 and 62 to 65.
In Schedule 3, in paragraph 9(1)(a) the word “(respectively)” and paragraph (ii) together with the word “and” immediately preceding it.
1975 c. 24.The House of Commons Disqualification Act 1975.In Part II of Schedule 1 the words “The Reserve Pension Board”.