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C4C5 Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
C4

Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

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Pt. 2: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(1)(2)(6)(h), 89(4)(a) (with s. 52(7))

Retirement pensions (Categories A and B)

47 Increase of Category A retirement pension for invalidity.

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Subject to section 61 below, the weekly rate of a Category A retirement pension shall be increased if the pensioner was entitled to an F2age addition to long-term incapacity benefit by virtue of regulations under section 30B(7) above in respect of—

a

any day falling within the period of 8 weeks ending immediately before the day on which he attains pensionable age; or

b

the last day before the beginning of that period;

and the increase shall, subject to subsection (2) below, be of an amount equal to the appropriate weekly rate of the F2age addition to long-term incapacity benefit by virtue of regulations under section 30B(7) above on that day.

2

Where for any period the weekly rate of a Category A retirement pension includes an additional pension, for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under subsection (1) above and the pensioner shall be entitled to an increase under that subsection only if there is a balance remaining after that deduction and, if there is such a balance, of an amount equal to it.

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In subsection (2) above the “relevant amount” means an amount equal to the additional pension, reduced by the amount of any reduction in the weekly rate of the Category A retirement pension made by virtue of F1section 46 of the Pensions Act.

F43A

In subsections (2) and (3) above references to additional pension do not include any amount of additional pension attributable to units of additional pension.

3B

For units of additional pension, see section 14A.

4

In this section any reference to an additional pension is a reference to that pension after any increase under section 52(3) below but without any increase under paragraphs 1 and 2 of Schedule 5 to this Act.

5

In ascertaining for the purposes of subsection (1) above the rate of a pensioner’s F3age addition to long-term incapacity benefit by virtue of regulations under section 30B(7) above, regard shall be had to the rates in force from time to time.

6

Regulations may provide that subsection (1) above shall have effect as if for the reference to 8 weeks there were substituted a reference to a larger number of weeks specified in the regulations.