How Freezing Works

The processes whereby pensions are frozen are quite complex, so complex that one judge had to learn from a comprehensive explanation given by another. But we will try to simplify it here, so that you can explain it to simple-minded people such as MPs.

It starts with an Act of Parliament which says that people will get no pension at all if they do not live in Britain.

The Act then goes on to say that the Secretary of State (a minister in the government) may make regulations allowing non-residents to receive their rightful pensions.

These regulations then go on to say that they can get pensions, but not the annual indexation increases.

Then all sorts of special exemptions are made so that annual increases can be paid. These exemptions apply to all sorts of unlikely countries such as Germany (an old enemy) and USA (an old rebel) and most countries in Europe. They do not apply to Australia (an old friend) nor to most other old loyal friendly Commonwealth countries. No exemption is made for war heroes or anyone else you might think would be a deserving case.

What is not widely known is that pension freezing is imposed afresh every year - another quite complex process. To unravel it you need to bear in mind that there are two documents presented to Parliament, one being called an "Order" and the other a "Regulation". Confusion between these two frequently stumps even MPs.

In late March the government presents an Order to Parliament. This Order specifies the rates of pension and rates of increase in pension for the financial years just beginning. It may say that the rate for Basic Pension will be £102.15, and the rate of increase for SERPS pensions will be 3%. This Order is not actually debated in Parliament, because it would have been presented a few months before in draft form, and besides by March everybody knows what the new rates are going to be.

So far so good.

The next step is the annual imposition of freezing. This is done by a Regulation which effectively says, as the old joke said, "Not you mamma, sit down." The offending Regulation is "Regulation 3", which is part of a set of Regulations covering unrelated matters. These Regulations are not debated in Parliament, because they are presented as "Negative" Instruments. They don't need a nod nor a wink to bring them into force. They just happen unnoticed.

Now we have tried our best to explain it for you, but the truth is actually a lot harder to understand. So if you still don't understand you are in good company.

The main thing is not to let an MP be content in his ignorance. The Order grants increases, the Regulation stops us from getting them.