Pensions (Increase) Act, 1959

Increase of Scheduled (Part III) pensions.

5.—(1) The local authority who granted a pension specified in paragraph (a) of Part III of the Schedule to this Act may grant one increase (and no more) of the pension, and the increase shall be an increase to such extent as may be sanctioned by the Minister, or is in accordance with an approval which is applicable to the pension and which has been given by the Minister in respect of a class of such pensions.

(2) Where a person is aggrieved by a refusal or failure during the period of twelve months after the passing of this Act to grant an increase under subsection (1) of this section, he may, in the case of a refusal, not later than six months after the refusal, or, in the case of a failure, not later than six months after the expiration of the said twelve months, appeal to the Minister against the refusal or failure.

(3) Where a person is aggrieved by an increase granted under subsection (1) of this section, he may, not later than six months after the grant of the increase, appeal against it to the Minister.

(4) On an appeal under this section, the Minister may either refuse the appeal or make such provisions as should, in his opinion, have been made by the local authority concerned, and any provisions so made by the Minister shall have effect as if made by that authority.

(5) In the foregoing subsections of this section and in Part III of the Schedule to this Act “the Minister” means—

(a) in relation to a local authority other than a mental hospital authority, the Minister for Local Government, and

(b) in relation to a mental hospital authority, the Minister for Health.

(6) (a) The pension payable under section 4 of the Vocational Education (Amendment) Act, 1947 , shall, for the purposes hereinafter mentioned, be deemed to be a pension granted by the paying authority referred to in that section.

(b) The purposes referred to in paragraph (a) of this subsection are :

(i) the purposes of the foregoing subsections of this section and of paragraph (a) of Part III of the Schedule to this Act,

(ii) the purposes of section 6 of the Act of 1950 and of Part IV of the Schedule to that Act, and

(iii) the purposes of section 5 of the Act of 1956 and of paragraph (a) of Part III of the Schedule to that Act,

(c) In construing section 6 of the Act of 1950 and section 5 of the Act of 1956 in relation to the pension payable under section 4 of the Vocational Education (Amendment) Act, 1947 , any reference to twelve months after the passing of the Act of 1950 or the Act of 1956 (as the case may be) shall be construed as a reference to twelve months after the passing of this Act.

(7) The Minister for Local Government may grant one increase (and no more) of a pension specified in paragraph (b) of Part III of the Schedule to this Act.