Regulation 5 Modification of paragraph 2(1) to (3) of Schedule 1 to the Pensions Act

This regulation applies to a person referred to in paragraph 1 of Schedule 1 to the Pensions Act during whose F1period of F2deferment there has been an increase, other than an increase made by an order under F3section 63 of the Social Security Act 1986, in the rate of the Category A or Category B retirement pension to which he would have been entitled F4if his entitlement to the pension had commenced on the day on which he attained pensionable age.

In relation to a person to whom this regulation applies, paragraph 2(1) to (3) of the said Schedule 1 shall have effect with the additions, omissions and amendments prescribed below.

In paragraph 2(1) for the words after “incremental period” there shall be substituted—

“(a)

in his F5period of F6deferment; and

(b)

in each period beginning with the day on which an increase in the weekly rate of his pension took place and ending with the day before F7his entitlement arose.”.

After paragraph 2(2)(b) there shall be added—

“and

(c)

`weekly rate of his pension' means the weekly rate of the Category A or Category B retirement pension to which that person would have been entitled F8... on attaining pensionable age; and

(d)

`increase' means an increase in the weekly rate of his pension other than an increase made by such an order as is mentioned in sub-paragraph (5) below. ”.

In paragraph 2(3) for the words after “incremental period” there shall be substituted—

“(a)

in the case of an incremental period specified in paragraph 2(1)(a) above, shall be F91/5th per cent. of the weekly rate of his pension immediately after he attained pensionable age; and

(b)

in the case of an incremental period specified in paragraph 2(1)(b) above, shall be F101/5th per cent. of that increase.”.