# The Social Security (Contributions) (Amendment No. 4) Regulations 2026

S.I. 2026/684 · made 24 June 2026

These Regulations amend the Social Security (Contributions) Regulations 2001 to provide that where an individual makes a Section 6 or a Section 10 election in relation to their remediable service under the Armed Forces Pension Scheme 1975 (“AFPS 1975”) and as a result of that election, new scheme benefits, which are equivalent to the scheme established by the Armed Forces Early Departure Payments Scheme Regulations 2014 benefits, are payable in relation to the individual’s remediable service under the AFPS 1975, those benefits will be disregarded in the calculation of earnings for the purpose of establishing liability to Class 1 National Insurance contributions.

Made under: Social Security Contributions and Benefits Act 1992 (Section 3); Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Section 3)

PDFs: Printed copy https://openlegislation.uk/social-security-contributions-amendment-no-4-regulations-2026/pdf/uksi_20260684_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/social-security-contributions-amendment-no-4-regulations-2026/pdf/uksiem_20260684_en_001.pdf

## Introductory text

SOCIAL SECURITY
Made 24th June 2026
Laid before Parliament 25th June 2026
Coming into force 20th July 2026
The Treasury make these Regulations in exercise of the powers conferred by sections 3(2) and (3) of the Social Security Contributions and Benefits Act 1992 and sections 3(2) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and now exercisable by them.
The Secretary of State and the Department for Communities concur in the making of these Regulations.

## 1 Citation and commencement

These Regulations may be cited as the Social Security (Contributions) (Amendment No. 4) Regulations 2026 and come into force on 20th July 2026.

## 2 Amendment of the Social Security (Contributions) Regulations 2001

Paragraph 10A of Part 6 of Schedule 3 to the Social Security (Contributions) Regulations 2001 (pensions and pensions contributions; payments to be disregarded in the calculation of earnings for the purposes of earnings-related contributions) is amended as follows—
(a) the existing text becomes sub-paragraph (1);
(b) after “payment” insert “—”;
(c) from “under” to the end becomes paragraph (a);
(d) in that paragraph, for “2014 (S.I. 2014/2328).” substitute “2014 (S.I. 2014/2328); or”;
(e) after paragraph (a) insert—
“(b) of EDP 2015 equivalent benefits under the AFPS 1975.”;
(f) after paragraph (b) insert—
“(2) For the purposes of paragraph (1)(b)—
“AFPS 1975” means the occupational pension scheme arrangements for members of the regular armed forces known as the Armed Forces Pension Scheme 1975 established by Schedules 1 and 3 to each Armed Forces Pension Scheme 1975 instrument which means any of the following—
(a) the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 made on 10th February 2010;
(b) the Army Pension (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 made on the 10th February 2010; and
(c) the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 made on the 10th February 2010;
The instruments are collectively referred to as “each instrument” and the instrument applicable to the individual’s remediable service under the AFPS 1975 is referred to as the “relevant instrument”.
“EDP 2015 benefits” means benefits under the EDP 2015 scheme established by the Armed Forces Early Departure Payments Scheme Regulations 2014;
“EDP 2015 equivalent benefits” means new scheme benefits which—
(a) are payable in relation to the individual’s remediable service under AFPS 1975 as a result of a section 6 election or a section 10 election; and
(b) are equivalent to EDP 2015 benefits;
“new scheme benefits” has the meaning given in section 34 of the Public Service Pensions and Judicial Offices Act 2022;
“remediable service” has the meaning given in section 1 of the Public Service Pensions and Judicial Offices Act 2022;
“Section 6 election” has the meaning given in paragraph 8(1)(a) of Schedule 4 to the relevant instrument;
“Section 10 election” has the meaning given in paragraph 12(1)(a) of Schedule 4 to the relevant instrument.”.

## Signature

Taiwo Owatemi
Christian Wakeford
Two of the Lords Commissioners of His Majesty’s Treasury
24th June 2026
The Secretary of State concurs as indicated in the preamble
Signed by authority of the Secretary of State for Work and Pensions
Stephen Timms
Minister of State
Department for Work and Pensions
23rd June 2026
The Department for Communities concurs as indicated in the preamble
Sealed with the Official Seal of the Department for Communities on 23rd June 2026
L.S.
David Tarr
Senior Officer of the Department for Communities
23rd June 2026

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Social Security (Contributions) Regulations 2001 to provide that where an individual makes a Section 6 or a Section 10 election in relation to their remediable service under the Armed Forces Pension Scheme 1975 (“AFPS 1975”) and as a result of that election, new scheme benefits, which are equivalent to the scheme established by the Armed Forces Early Departure Payments Scheme Regulations 2014 benefits, are payable in relation to the individual’s remediable service under the AFPS 1975, those benefits will be disregarded in the calculation of earnings for the purpose of establishing liability to Class 1 National Insurance contributions.
Section 6 and Section 10 elections are statutory elections that allow an individual with remediable service to choose how that service is treated for pension purposes. A Section 6 election allows an individual to elect that their remediable service under AFPS 1975 is to be treated as if it had accrued under the new scheme instead of the legacy scheme. A Section 10 election allows a person to defer the choice about how their remediable service is treated until a later point, typically when the benefits become payable.
A Tax Information and Impact Note was published on 27th October 2021 and is available on the website at https://www.gov.uk/government/publications/taxation-of-public-service-pension-reform-remedy/taxation-of-public-service-pension-reform-remedy.
The Tax Information and Impact Note remains an accurate summary of the impacts that apply to this instrument.

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Source: https://www.legislation.gov.uk/uksi/2026/684 (the official version)
Page: https://openlegislation.uk/social-security-contributions-amendment-no-4-regulations-2026
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

