Section 46 Effect of entitlement to guaranteed minimum pensions on payment of social security benefits.I1 C1

England, Wales and Scotland

(1)

Where for any period a person is entitled both—

(a)

to a Category A or Category B retirement pension, a widowed mother’s allowance F1, a widowed parent’s allowance F2or a widow’s pension under the M1Social Security Contributions and Benefits Act 1992; and

(b)

to one or more guaranteed minimum pensions,

the weekly rate of the benefit mentioned in paragraph (a) shall for that period be reduced by an amount equal—

(i)

F3to that part of its additional pension which is attributable to earnings factors for any tax years ending before the principal appointed day, or

(ii)

to the weekly rate of the pension mentioned in paragraph (b) (or, if there is more than one such pension, their aggregate weekly rates),

whichever is the less.

F4(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(3)

Where for any period—

(a)

a person is entitled to one or more guaranteed minimum pensions; and

(b)

he is also entitled to long-term incapacity benefit under section 30A of the Social Security Contributions and Benefits Act 1992,

for that period an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions shall be deducted from any increase payable under regulations under section 30B(7) of that Act and he shall be entitled to such an increase only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.

(4)

Where for any period—

(a)

a person is entitled to one or more guaranteed minimum pensions;

(b)

he is also entitled to a Category A retirement pension under section 44 of the Social Security Contributions and Benefits Act 1992; and

(c)

the weekly rate of his pension includes an additional pension such as is mentioned in section 44(3)(b) of that Act,

for that period section 47 of that Act shall have effect as if the following subsection were substituted for subsection (3)—

“(3)
In subsection (2) above “the relevant amount” means an amount equal to the aggregate of—
(a)
the additional pension; and
(b)
the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions,
reduced by the amount of any reduction in the weekly rate of the Category A retirement pension made by virtue of section 46(1) of the Pension Schemes Act 1993.”.

(5)

Where for any period—

(a)

a person is entitled to one or more guaranteed minimum pensions;

(b)

he is also entitled to a Category A retirement pension under section 44 of the Social Security Contributions and Benefits Act 1992; and

(c)

the weekly rate of his Category A retirement pension does not include an additional pension such as is mentioned in subsection (3)(b) of that section,

for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under section 47(1) of that Act and the pensioner shall be entitled to an increase under that section only if there is a balance remaining after that deduction and, if there is such a balance, of an amount equal to it.

(6)

Where for any period—

(a)

a person is entitled to one or more guaranteed minimum pensions;

(b)

he is also entitled—

F6(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)

to a Category A retirement pension under section 44 of that Act; or

(iii)

to a Category B retirement pension under F7section F8... F948B or 48BB of that Act; and

(c)

the weekly rate of the pension includes an additional pension such as is mentioned in section 44(3)(b) of that Act,

for that period paragraph 3 of Schedule 7 to that Act shall have effect as if the following sub-paragraph were substituted for sub-paragraph (3)—

“(3)
In this paragraph “the relevant amount” means an amount equal to the aggregate of—
(a)
the additional pension; and
(b)
the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions,
reduced by the amount of any reduction in the weekly rate of the pension made by virtue of section 46(1) of the Pension Schemes Act 1993.”.

(7)

Where for any period—

(a)

a person is entitled to one or more guaranteed minimum pensions;

(b)

he is also entitled to any of the pensions under the Social Security Contributions and Benefits Act 1992 mentioned in subsection (6)(b); and

(c)

the weekly rate of the pension does not include an additional pension such as is mentioned in section 44(3)(b) of that Act,

for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under paragraph 3 of Schedule 7 to that Act and the beneficiary shall be entitled to an increase only if there is a balance after that deduction and, if there is such a balance, only to an amount equal to it.

(8)

In this section “the relevant amount” means an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions—

F10(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in the case of subsection (5), reduced by the amount of any reduction in the weekly rate of the Category A retirement pension made by virtue of subsection (1);

and references in this section to the weekly rate of a guaranteed minimum pension are references to that rate without any increase under section 15(1).

F11(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(10)

In this section a reference to “additional pension” does not include any amount of additional pension attributable to units of additional pension.

(11)

For units of additional pension, see section 14A of the Social Security Contributions and Benefits Act 1992.

Annotations

Commencement

I1: Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2

Notes on Part III

Textual amendments

F1: Words in Pt. 3 heading omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 3(b)
F2: Words in Pt. 3 heading substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 3(a)

Modifications

C1: Pt. III power to modify conferred by Social Security Administration Act 1992 (c. 5), s. 148 (as read with Pensions Act 1995 (c. 26), ss. 128(3)(4), 180(2) (with s. 128(5)(6)); Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 33(2)-(4), 86(1)(b)(2))
C2: Pt. III: power to modify conferred (1.6.1996 for specified purposes, 6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), ss. 149(1), 180(1); S.I. 1996/778, art. 2(6); S.I. 1997/664, art. 2(3), Sch. Pt. 2
C3: Pt. III applied (with modifications) (6.4.1997) by The Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations 1996 (S.I. 1996/1977), regs. 1(1), 2(4)(a)-(f)
C4: Pt. III: power to transfer functions conferred (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 23, 28(3); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)
C5: Pt. 3 modified (24.7.2014) by The Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014 (S.I. 2014/1711), regs. 1(1), 7(2); S.I. 2014/1683, art. 2

Notes on Chapter II

Textual amendments

F1: Pt. 3 Ch. 2 heading substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 26

Section 46 Effect of entitlement to guaranteed minimum pensions on payment of social security benefits.I1C1

Annotations

Textual amendments

Marginal citations

Modifications

Commencement

Notes on Part III

Textual amendments

Modifications

Notes on Chapter II

Textual amendments

Section 46 Effect of entitlement to guaranteed minimum pensions on payment of social security benefits.I1 C1