. IN ADDITION TO THE PENSION THE INSURANCE OFFICER AWARDED HIM A SUPPLEMENT PURSUANT TO ARTICLE 50 OF THE SAME REGULATION , ACCORDING TO WHICH A RECIPIENT OF BENEFITS MAY IN CERTAIN CIRCUMSTANCES BE ENTITLED TO RECEIVE A SUPPLEMENT TO HIS PENSION EQUAL TO THE ' ' DIFFERENCE ' ' BETWEEN THE TOTAL OF THE BENEFITS PAYABLE UNDER THE REGULATION AND THE AMOUNT OF THE ' ' MINIMUM BENEFIT ' ' .
3 THE INSURANCE OFFICER CONSIDERED THAT THE ' ' MINIMUM BENEFIT ' ' WAS THE BENEFIT PAYABLE UNDER THE UNITED KINGDOM LEGISLATION , AND THE ' ' DIFFERENCE ' ' REFERRED TO IN ARTICLE 50 WAS THE DIFFERENCE BETWEEN THAT BENEFIT AND THE PENSION WHICH WOULD HAVE BEEN PAYABLE HAD ALL THE PERIODS OF INSURANCE BEEN COMPLETED IN THE UNITED KINGDOM . HE THEREFORE AWARDED MR STANLEY A PENSION EQUAL TO THE ' ' THEORETICAL AMOUNT ' ' DEFINED IN ARTICLE 46 ( 2 ) ( A ) OF THE REGULATION . THE DECISION WAS BASED ON THE FACT THAT AT THE TIME IN QUESTION THE UNITED KINGDOM GOVERNMENT HAD MADE A DECLARATION PURSUANT TO ARTICLES 5 AND 50 OF REGULATION NO 1408/71 THAT CERTAIN BENEFITS PAYABLE UNDER , IN PARTICULAR , THE NATIONAL INSURANCE ACT 1965 AS SUBSEQUENTLY AMENDED WERE THE ' ' MINIMUM BENEFITS REFERRED TO IN ARTICLE 50 OF THE REGULATION ' ' ( OFFICIAL JOURNAL 1973 , C 43 , P . 7 , SECTION II ).
4 THAT DECLARATION , WHICH WAS BROUGHT UP TO DATE IN 1975 ( OFFICIAL JOURNAL , C 245 , P . 2 , SECTION II ), WAS SUBSEQUENTLY REPLACED BY A DECLARATION PUBLISHED IN THE OFFICIAL JOURNAL OF 14 APRIL 1977 , C 89 , P . 2 , WORDED AS FOLLOWS : ' ' MINIMUM BENEFITS REFERRED TO IN ARTICLE 50 OF THE REGULATION : NONE ' ' . IT WAS SHORTLY BEFORE THAT DECLARATION WAS PUBLISHED , ON 27 JANUARY 1977 , THAT THE INSURANCE OFFICER ADOPTED A DECISION ALTERING HIS EARLIER DECISION AND WITHDRAWING FROM MR STANLEY WITH EFFECT FROM 6 JANUARY 1977 THE EXTRA PAYMENT HE HAD PREVIOUSLY BEEN AWARDED UNDER ARTICLE 50 OF THE REGULATION .
5 MR STANLEY ' S APPEAL AGAINST THAT DECISION TO THE LOCAL TRIBUNAL WITH JURISDICTION IN SUCH MATTERS WAS DISMISSED . HE THEN APPEALED TO THE NATIONAL INSURANCE COMMISSIONER ( NOW THE SOCIAL SECURITY COMMISSIONER ) WHO , ON 13 SEPTEMBER 1979 , RULED THAT THE INSURANCE OFFICER ' S ORIGINAL DECISION MUST STAND , THERE BEING NO GROUNDS FOR AMENDING IT .
6 FROM THE STATEMENT OF THE REASONS ON WHICH THE DECISION WAS BASED IT IS APPARENT THAT THE NATIONAL INSURANCE COMMISSIONER CONSIDERED THAT ' ' MINIMUM BENEFIT ' ' WITHIN THE MEANING OF ARTICLE 50 OF REGULATION NO 1408/71 MUST BE UNDERSTOOD TO MEAN THE LOWEST AMOUNT PAYABLE UNDER THE LAW OF THE UNITED KINGDOM FOR ALL THE PERIODS OF INSURANCE WHICH ARE TO BE TAKEN INTO ACCOUNT . THE FLAT-RATE PENSION CALCULATED