(This note is not part of the Regulations)
These Regulations are all either made under the Social Security Act 1986 (“the 1986 Act”), or made under provisions inserted into the Social Security Pensions Act 1975 by provisions of the 1986 Act, and are made before the end of a period of 12 months from the commencement of the relevant sections of that Act. Consequently, by virtue of section 61(5) of that Act, the provisions of section 61(2) and (3) of the Social Security Pensions Act 1975 (as amended by section 86(1) of, and paragraph 94 of Schedule 10 to, the 1986 Act), which require reference to the Occupational Pensions Board of, and a report by the Board on, proposals to make regulations for certain purposes of both Acts, do not apply to them.
Section 4 of the 1986 Act provides that where minimum contributions have been paid (by the Secretary of State to a personal pension scheme) in respect of an earner, that earner on reaching pensionable age, or his or her widow or widower in prescribed circumstances, is to be treated as entitled to a guaranteed minimum pension at a prescribed weekly rate for the purposes of certain sections of the Social Security Acts 1975, under which national insurance benefits are abated if the beneficiary is entitled to a guaranteed minimum pension. Regulations 2 and 3 prescribe the rate of the guaranteed minimum pension for the earner and the widow or widower respectively, and regulation 3 also prescribes the circumstances in which the widow or widower is to be treated as entitled to it.
Section 29(2A) of the Social Security Pensions Act 1975 (inserted by Schedule 2 to the 1986 Act) makes provision similar to that of section 4 of the 1986 Act for the case where minimum payments have been made (by an earner’s employer to an occupational pension scheme). Regulations 4 and 5 prescribe the rate of the guaranteed minimum pension for the earner and the widow or widower respectively, and regulation 5 also prescribes the circumstances in which the widow or widower is to be treated as entitled to it.