Pensions (Increase) Act 1971

3 Qualifying conditions

(1) A pension shall not be increased under this Part of this Act unless one of the conditions laid down by this section (in this Act referred to as " qualifying conditions ") is satisfied.

(2) A pension payable in respect of the pensioner's own services shall not be increased unless the pensioner—

(a) has attained the age of sixty years ; or

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

(c) is a woman who has at least one dependant;

or the pension authority are satisfied that the pensioner is disabled by physical or mental infirmity.

(3) A pension payable in respect of the services of any person other than the pensioner, not being the pensioner's deceased husband, shall not be increased unless the pensioner—

(a) has attained the age of sixty years ; or

(b) has not attained the age of sixteen years ; or

(c) is receiving full-time instruction at an educational establishment; or

(d) is undergoing training for a trade, profession or vocation in such circumstances that he is required to devote the whole of his time to that training for a period of not less than two years ; or

(e) is a woman who has at least one dependant;

or the pension authority are satisfied that the pensioner is disabled by physical or mental infirmity.

(4) A pension payable in respect of the services of the pensioner's deceased husband shall not be increased unless the pensioner—

(a) has attained the age of forty years ; or

(b) has at least one dependant;

or the pension authority are satisfied that the pensioner is disabled by physical or mental infirmity.

(5) For the purposes of this section, a pensioner shall be deemed to be disabled by physical or mental infirmity if he is permanently incapacitated by such infirmity from engaging in any regular full-time employment.

(6) Subject to subsection (7) below, " dependant" in this section means, in relation to a pensioner, a person who the pension authority are satisfied is wholly or mainly supported by the pensioner and who either has not attained the age of sixteen years or is receiving full-time instruction at an educational establishment or is undergoing training as mentioned in subsection (3)(d) above.

(7) Where a pension payable to a woman at 31st August 1971 is then payable at a rate increased under the Pensions (Increase) Acts 1920 to 1969 by reason only that she is, and has since 1st April 1956 been, wholly or mainly supporting another person, being either—

(a) her, or her deceased husband's, father, mother, brother, sister, child, uncle or aunt; or

(b) the child of any such person as is mentioned in paragraph (a) above; or

(c) her step-father or step-mother; or

(d) a person undergoing training for any trade, profession or vocation;

then so long as the pension authority are satisfied that she continues wholly or mainly to support that person and, if this subsection applies only by virtue of paragraph (d), that person continues to undergo training for a trade, profession or vocation, that person shall be deemed for purposes of this section to be the woman's dependant.

In this subsection " child" includes a step-child and an illegitimate child, and includes also a child adopted in pursuance of an order made by any court in the United Kingdom or adopted in accordance with the law of the place where the adopter was domiciled at the time of the adoption.

(8) The Minister for the Civil Service may by order made by statutory instrument provide for reducing (or further reducing) the age sixty in subsection (2)(a) or (3)(a) above, or in both, to any age not less than fifty-five, and this section shall have effect subject to any such order for the time being in force; but a statutory instrument under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.