109 Annual increase of guaranteed minimum pensions.E+W+S
(1)The Secretary of State shall in each tax year review the general level of prices in Great Britain for the period of 12 months commencing at the end of the period last reviewed under this section.
(2)Where it appears to the Secretary of State that that level has increased at the end of the period under review, he shall lay before Parliament the draft of an order specifying a percentage by which there is to be an increase of the rate of that part of guaranteed minimum pensions which is attributable to earnings factors for [F1the tax years in the relevant period] for—
(a)earners who have attained pensionable age; and
(b)widows and widowers.
(3)The percentage shall be—
(a)the percentage by which that level has increased at the end of the period under review; or
(b)3 per cent.,
whichever is less.
[F2(3A)The relevant period is the period—
(a)beginning with the tax year 1988-89, and
(b)ending with the last tax year that begins before the principal appointed day for the purposes of Part III of the Pensions Act 1995]
(4)If a draft order laid before Parliament in pursuance of this section is approved by a resolution of each House, the Secretary of State shall make the order in the form of the draft.
(5)An order under this section shall be so framed as to bring the alterations to which it relates into force on the first day of the next tax year after that in which the order is made.
(6)Where the benefits mentioned in section 46(1) to (7) are not increased on the day on which an order under this section takes effect, the order shall be treated for the purposes of that section as not taking effect until the day on which those benefits are next increased.
Textual Amendments
F1Words in s. 109(2) substituted (4.2.1997) by Pensions Act 1995 (c. 26), ss. 55(a), 180(1) (with s. 121(5)); S.I. 1997/216, art. 2(2)
F2S. 109(3A) inserted (4.2.1997) by Pensions Act 1995 (c. 26), ss. 55(b), 180(1) (with s. 121(5)); S.I. 1997/216, art. 2(2)
Commencement Information
I1Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2