Explanatory note

This Order is made following a review under section 148AC(1) of the Social Security Administration Act 1992 (c.5) (revaluation for transitional pensions under Pensions Act 2014).

The Pensions Act 2014 (c.19) created a new state pension for people reaching pensionable age on or after 6th April 2016 (see Part 1 of that Act). Pensionable age has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c.26). The part of a person’s new state pension based on their pre-April 2016 contribution record that exceeds the full rate of the new state pension as at 6th April 2016 is commonly referred to as a ‘protected payment’. Paragraph 6(5) of Schedule 1 to the Pensions Act 2014 provides for the revaluing of ‘protected payments’ by increasing these payments by the ‘revaluing percentage’ specified in the last order under section 148AC(3) to come into force before the person reaches pensionable age. Under section 148AC(4) of the Social Security Administration Act 1992, the ‘revaluing percentage’ is the percentage of the increase in the general level of prices since 6th April 2016 specified in an order made under section 148AC(3) of that Act.

Article 2 of this Order specifies the increase in the general level of prices during the review period as 1.0 per cent for the purposes of section 148AC(3) and (4) of the Social Security Administration Act 1992.

Article 1(2)(a) brings this Order into force on 19th December 2016 for the purpose of making an advance award of state pension under regulation 15 of the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968). This means that an advance award of state pension can be made to claimants who reach pensionable age on or after 10th April 2017 which takes account of the revaluation of their pension. Article 1(2)(b) brings the Order into force for all other purposes on 9th April 2017. A claimant’s protected payment is revalued by the revaluing percentage specified in the last order to come into force before they reach pensionable age. To apply to claimants reaching pensionable age on or after 10th April 2017 the Order therefore needs to come into force on 9th April 2017.

An impact assessment has not been produced for this instrument as it has no new impact on business or civil society organisations.