Statutory Instruments
2022 No. 333
Pensions
The Pensions Increase (Review) Order 2022
Made
17th March 2022
Laid before Parliament
18th March 2022
Coming into force
11th April 2022
Citation and Commencement
1. This Order may be cited as the Pensions Increase (Review) Order 2022 and comes into force on 11th April 2022.
Interpretation
2. —(1) In this Order, “ the Act ” means the Social Security Pensions Act 1975.
(2) In this Order, any reference to a pension is a reference to a pension which began before 11th April 2022( 5 ).
Pension increase: annual rate and lump sums
3. —(1) This article applies to an official pension if—
(a) a qualifying condition is satisfied; or
(b) the pension is—
(i) a derivative pension;
(ii) a substituted pension; or
(iii) a relevant injury pension.
(2) In relation to any period on or after 11th April 2022, the pension authority may increase the annual rate( 6 ) of the pension—
(a) for a pension which began before 12th April 2021, by 3.1 per cent;
(b) for a pension which began on or after 12th April 2021, by 3.1 per cent multiplied by—
where A is the number of complete months in the period between the beginning date of the pension and 11th April 2022.
(3) In relation to a lump sum which is payable on or after 12th April 2021 but before 11th April 2022, the pension authority may increase the lump sum by 3.1 per cent multiplied by—
where A is the number of complete months in the period between the beginning date for the lump sum (or, if later, 12th April 2021) and the date on which it becomes payable.
Reductions in respect of guaranteed minimum pensions
4. —(1) Where—
(a) a person is entitled to an increase in a guaranteed minimum pension on 11th April 2022; and
(b) entitlement to that guaranteed minimum pension arises from an employment from which (either directly, or indirectly by virtue of the payment of a transfer credit) entitlement to the official pension also arises;
the amount by reference to which any increase is calculated for the purposes of article 3(2) must be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct in accordance with the provisions of section 59A of the Act( 7 ) .
(2) Where on the death of a deceased spouse or civil partner a person becomes entitled to a guaranteed minimum pension in relation to a surviving spouse’s pension or a surviving civil partner’s pension, the amount by reference to which any increase is calculated for the purposes of article 3(2) must be reduced in accordance with section 59(5ZA) of the Act.
Alan Mak
Rebecca Harris
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2022
1992 c. 5 ; section 151(1) was amended by section 130(2) of the Pensions Act 1995 (c. 26) .
1975 c. 60 . Section 59(1) was amended by section 1(7) of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7) and by the Social Security (Consequential Provisions) Act 1992 (c. 6) , Schedule 2, paragraph 34. Section 59(5) was amended by section 11 of the Social Security Act 1979 (c.18) and the Social Security Act 1985 (c. 53) , Schedule 5, paragraph 33. Section 59 was also amended by the Social Security Act 1979, section 11 and Schedule 3, paragraph 20; section 9(8) of the Social Security Act 1986 (c. 50) (which inserted subsection (5A)); section 5 of the Pensions (Miscellaneous Provisions) Act 1990 (which inserted subsection (5ZA)) and the Pensions Schemes Act 1993 (c. 48) , section 190 and Schedule 8, paragraph 9(1). Section 59 was modified by section 59A, which was inserted by section 11(4) of the Social Security Act 1979, amended by the Social Security Act 1986, section 9(9), and further amended by the Pensions Schemes Act 1993, section 190 and Schedule 8, paragraph 9(2). Subsections 59(5ZA), (5ZB), (5ZC) and (7) were amended by S.I. 2014/560 and 2014/3229 . Subsections 59(5ZB) and (7) were amended by S.I. 2014/3168 . Subsections 59(5ZC) and (7) were amended by S.I. 2020/1143 .
By virtue of article 2(1)(c) and (d) of S.I. 1981/1670 .
By virtue of section 59(7) of the Social Security Pensions Act 1975, sections 59 and 59A of that Act have effect as if they were contained in Part 1 of the Pensions (Increase) Act 1971 (c. 56) . Consequently, for the purposes of section 11 of the Interpretation Act 1978 (c.30) the following expressions used in this Order have the meaning which they bear in section 59 of the Social Security Pensions Act 1975 and the Pensions (Increase) Act 1971: beginning date, complete months, derivative pension, employment, guaranteed minimum pension, lump sum, official pension, pension authority, qualifying condition, relevant injury pension, substituted pension and transfer credit. Section 8(2) of the Pensions (Increase) Act 1971 also makes provision about when a pension begins for the purposes of that Act. Section 8(2) was amended by section 1(5) of the Pensions (Miscellaneous Provisions) Act 1990 and by the Welfare Reform and Pensions Act 1999 (c. 30) , section 39(1) and (4). Section 8 was also amended by the Public Service Pensions Act 2013 (c. 25) , Schedule 8, paragraph 4 (which inserted section 8A).
Section 59(5) of the Social Security Pensions Act 1975 provides that increases in the rate of a pension are to be calculated by reference to the basic rate of the pension as authorised to be increased by section 1 of the Pensions (Increase) Act 1971 or by an order under section 2 of that Act or section 59 of the Social Security Pensions Act 1975.
The power of direction is vested in the Treasury by S.I. 1981/1670 .