Regulation 11 Modifications in respect of increases of retirement pension relating to persons who attained pensionable age before 6th April 1979 but who retire thereafter
The following provisions of this regulation relate to a person who, having attained pensionable age before 6th April 1979, retires from regular employment on or after that date or, having made an election before that date under section 30(3) of the Act or section 35 of the former principal Act, retires on or after that date.
Where a person, before 6th April 1979, satisfied the condition in section 28(4) of the Act that the number of days of increment was at least 48, paragraph 1 of Schedule 1 to the Pensions Act shall apply to his case as if the words “but only if that amount is enough to increase the rate of the pension by at least 1 per cent” were omitted from that paragraph.
Where a person, before 6th April 1979, did not satisfy the condition in section 28(4) of the Act that the number of days of increment was at least 48, then, subject to the condition specified in paragraph 1 of Schedule 1 to the Pensions Act (that an increase under that paragraph is payable only if its amount would increase the retirement pension by at least 1 per cent)—
that person's retirement pension shall be increased by 1/8th per cent of its rate for each period of six days of increment which fell before 6th April 1979, and
any such day of increment which does not form part of a period as aforesaid shall be treated as a day of increment for the purposes of Schedule 1 to the Pensions Act.
For the sole purpose of determining whether the condition specified in paragraph 1 of Schedule 1 to the Pensions Act (referred to in paragraph (3) above) has been satisfied by a married woman whose husband's days of increment before 6th April 1979 amounted to less than 48, her entitlement to an increase of a Category B retirement pension in respect of the period before 6th April 1979 shall be calculated on the basis of an increase of 1/8th per cent for each incremental period which fell within the period beginning with the day on which her husband attained pensionable age, she attained pensionable age or they were married, whichever is the latest, and ending on 5th April 1979.