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Pensions Act 2011

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8Review of earnings trigger and qualifying earnings bandU.K.

This section has no associated Explanatory Notes

(1)For section 14 of the 2008 Act (review of qualifying earnings band) substitute—

14Review of earnings trigger and qualifying earnings band

(1)The Secretary of State must in each tax year consider whether any of the amounts in sections 3(1)(c), 5(1)(c) and 13(1)(a) and (b) should be increased or decreased.

(2)If the Secretary of State considers that any of those amounts should be increased or decreased, the Secretary of State may make an order substituting in the provisions in question the amounts that the Secretary of State thinks appropriate.

(3)For the purposes of subsection (1) the Secretary of State may take into account any of the factors specified in subsection (4) (as well as any others that the Secretary of State thinks relevant).

(4)The factors are—

(a)the amounts for the time being specified in Chapter 2 of Part 3 (personal allowances) of the Income Tax Act 2007;

(b)the amounts for the time being specified in regulations under section 5 of the Social Security Contributions and Benefits Act 1992 (earnings limits and thresholds for Class 1 national insurance contributions);

(c)the amount for the time being specified in section 44(4) of that Act (rate of basic state pension);

(d)the general level of prices in Great Britain, and the general level of earnings there, estimated in such manner as the Secretary of State thinks fit.

(2)For the italic heading before section 13 of the 2008 Act substitute— “ Qualifying earnings and earnings trigger ”.

(3)In section 143(5) of the 2008 Act (statutory instruments subject to affirmative resolution procedure) in paragraph (c) after “section” insert “ 14(2), ”.

Commencement Information

I1Pt. 2 (ss. 4-18) partly in force; Pt. 2 (ss. 4-18) in force at 3.11.2011 in so far as it confers power to make subordinate legislation see s. 38(1).

I2S. 8 in force at 3.1.2012 in so far as not already in force by S.I. 2011/3034, art. 3(a)

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