Pensions (Increase) Act 1971

3 Qualifying conditions. E+W+S

(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 F1 or the pension is [F2 a derivative or substituted pension or a relevant injury pension.]

(2) A pension payable in respect of the pensioner’s own services [F3 other than a relevant injury pension,] shall not be increased unless the pensioner—

(a) has attained the age of [F4 fifty-five 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) [F5 subject to subsections (9) to (11) below,]. . . has at least one dependant;

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

F6 [F7 ( 2A ) A pension attributable to the pensioner having become entitled to a pension credit shall not be increased unless the pensioner has attained the age of fifty-five years.]

F8 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F10 seventeen] years or is receiving full-time instruction at an educational establishment or is undergoing training [F11 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].

(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 [F12 male spouse’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.

• F13 In this subsection “child” includes a step-child and an illegitimate child, . . .

(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) [F14 above] 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.

[F7 (9) On and after 1st January 1993 paragraph (c) of subsection (2) above shall have effect only to the extent provided by subsections (10) and (11) below.

(10) Where, immediately before 1st January 1993, a [F15 person is in receipt of a pension the whole or any part of] which has been increased under this Part of this Act by virtue of paragraph (c) of subsection (2) above, that paragraph shall continue to have effect in relation to that [F16 person and that pension or part] until such time as the pension falls to be increased under this Part of this Act in consequence of any other provision of that subsection.

(11) In any case where—

(a) a [F17 person’s] pension commences on or after 1st January 1993, and

(b) on the day on which the pension commences [F18 he] has not attained the age of 55,

paragraph (c) of subsection (2) above shall have effect in relation to that [F19 person] and so much of the pension as is referable to service rendered before 1st January 1993 until such time as the pension falls to be increased under this Part of this Act in consequence of any other provision of that subsection.]

Textual Amendments

F1 Words inserted with saving by Pensions (Increase) Act 1974 (c. 9), s. 3(3)(a)

F2 Words substituted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 1(1)

F3 Words inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 1(2)(a)

F4 Words substituted by virtue of S.I. 1972/1299, art. 3

F5 Words inserted (1.1.1993) by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 1(2)(b)(8)

F6 S. 3(2A) inserted (1.12.2000) by 1999 c. 30, s. 39(2); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

F7 S. 3(9)(10)(11) added (1.1.1993) by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 1(4)(8)

F8 S. 3(3) repealed by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 1(3)(a)

F9 S. 3(4) repealed with saving by Pensions (Increase) Act 1974 (c. 9), s. 3(3)

F10 Word substituted by Pensions (Increase) Act 1974 (c. 9) s. 3(2)

F11 Words substituted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 1(3)(b)

F12 Words in s. 3(7)(a) substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 3 para. 1(2); (S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 3 para. 1(2)

F13 Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. I

F14 Words substituted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 1(3)(c)

F15 Words in s. 3(10) substituted (19.7.1995 but with effect in relation to pensions commencing after 17.5.1990, and in relation to so much of any such pension as is referable to service on or after that date) by 1995 c. 26, ss. 171(3)(a)(5), 180(2)(c)

F16 Words in s. 3(10) substituted (19.7.1995 but with effect in relation to pensions commencing after 17.5.1990, and in relation to so much of any such pension as is referable to service on or after that date) by 1995 c. 26, ss. 171(3)(b)(5), 180(2)(c)

F17 Words in s. 3(11) substituted (19.7.1995 but with effect in relation to pensions commencing after 17.5.1990, and in relation to so much of any such pension as is referable to service on or after that date) by 1995 c. 26, ss. 171(4)(a)(5), 180(2)(c)

F18 Words in s. 3(11) substituted (19.7.1995 but with effect in relation to pensions commencing after 17.5.1990, and in relation to so much of any such pension as is referable to service on or after that date) by 1995 c. 26, ss. 171(4)(b)(5), 180(2)(c)

F19 Words in s. 3(11) substituted (19.7.1995 but with effect in relation to pensions commencing after 17.5.1990, and in relation to so much of any such pension as is referable to service on or after that date) by 1995 c. 26, ss. 171(4)(b)(5), 180(2)(c)

Modifications etc. (not altering text)

C1 S. 3(7) amendment by S.I. 2014/560, Sch. 3 para. 1(2) extended to N.I. (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 149(b)(ii) (with regs. 6-9)

C2 S. 3(8) has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury: S.I. 1981/1670, arts. 2(1)(c), 3(5)