UNITED KINGDOM STATUTORY INSTRUMENT
1978 No. 393
SOCIAL SECURITY
The Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978
Made 9th March 1978
Laid before Parliament 16th March 1978
The Secretary of State for Social Services, in exercise of the powers conferred on him by section 2(1) of and paragraphs 3, 7 and 9 of Schedule 3 to the Social Security (Consequential Provisions) Act 1975 and section 24(1) of the Social Security Pensions Act 1975, and of all other powers enabling him in that behalf, hereby makes the following regulations, which only make provision consequential on the passing of the last-mentioned Act and accordingly by virtue of section 61(1)(e) of that Act are exempt from the requirements of section 139(1) of the Social Security Act 1975 (duty to consult National Insurance Advisory Committee about proposed regulations):—
S-1
Citation, commencement and interpretationCitation, commencement and interpretation
1.—(1) These regulations may be cited as the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978.
(2) This regulation and regulation 2 below shall come into operation on 6th April 1978.
(3) The remainder of these regulations shall, for the purpose only of determining, before 6th April 1979, claims for, or questions arising as to, benefit for any period after 5th April 1979, come into operation on 6th December 1978.
(4) Except as mentioned in paragraphs (2) and (3) above, these regulations shall come into operation on 6th April 1979.
(5) In these regulations—
“” means
“” means
“” means
“” means
“” means
and other expressions have the same meanings as in the Act.
(6) Any reference in these regulations to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modification.
(7) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply in relation to this instrument and in relation to the revocations effected by it as if this instrument and the regulations revoked by it were Acts of Parliament and as if the revocations were repeals.
S-2
Application of provisions of sections 124 to 126 of the ActApplication of provisions of sections 124 to 126 of the Act
2.—(1) Subject to the provisions of paragraph (2) below, the provisions of sections 124 to 126 of the Act (increases in rates of benefit) shall apply to the amount of graduated retirement benefit payable for each unit of graduated contributions and to increases of such benefit under the provisions of Schedule 2 hereto.
(2) The provisions of section 125(2) shall apply as they apply to a sum specified in a provision mentioned in section 125(2)(a) or (b); and the provisions of section 126(4) shall apply as they apply to a sum specified in a provision mentioned in section 125(1)(a) or (b).
S-3
Continuation in force of sections 36, 37 and 118(1) of the 1965 Act
Continuation in force of sections 36, 37 and 118(1) of the 1965 Act
3.—(1) The provisions of this regulation shall have effect for the purpose of securing continuity between the Act and the 1965 Act in the case of persons who had, immediately before 6th April 1975, rights or prospective rights to or expectations of graduated retirement benefit under sections 36 and 37 of the 1965 Act, by preserving those rights and temporarily retaining the effect of those sections for transitional purposes.
(2) Paragraph (3) below shall have effect so that notwithstanding their repeal by the Social Security Act 1973 those sections shall, for the purpose aforesaid, continue in force subject to the making in them of the modifications required—
(a)
(a) to bring them into conformity with the provisions of the Act and the Pensions Act and to enable them to have effect as if contained in the scheme of social security benefits established by those Acts;
(b)
(b) to replace section 36(4) of the 1965 Act (increase of graduated retirement benefit in cases of deferred retirement) with provisions corresponding to those of paragraphs 1 to 3 of Schedule 1 to the Pensions Act; and
(c)
(c) to extend section 37 of the 1965 Act (increase of woman's retirement pension by reference to her late husband's graduated retirement benefit) to men and their late wives.
(3) On and after 6th April 1979 those sections shall continue in force in the modified form in which they are set out in Schedule 1 to these regulations, but not so as to save the National Insurance (Graduated Retirement Benefit and Consequential Provisions) Regulations 1961, so far as deemed to have been made under those sections, from being invalidated by the repeal; and section 118(1) of the 1965 Act (short title) shall also continue in force.
S-4
Modification of regulations concerning graduated retirement benefitModification of regulations concerning graduated retirement benefit
4. The provisions of regulations 2 and 3 of the 1978 regulations (which were made under sections 36 and 37 of the 1965 Act) shall continue in force in the modified form set out in Schedule 3 to these regulations; and paragraphs (1) (so far as it relates to citation), (2) and (3) (interpretation) of regulation 1 of the 1978 regulations shall also continue in force.
Revocations
5. The 1975 regulations and regulation 18 of and Schedule 2 to the Social Security (Invalid Care Allowance) Regulations 1976 are hereby revoked.
David Ennals
Secretary of State for Social Services
9th March 1978
SCHEDULES
SCHEDULE 1
Regulation 3(3)
SECTIONS 36 AND 37 OF THE NATIONAL INSURANCE ACT 1965 AS CONTINUED IN FORCE BY THESE REGULATIONS
Graduated retirement benefitGraduated retirement benefit
36. Graduated retirement benefit
(1) Subject to the provisions of the Act, graduated retirement benefit shall be payable to any person who is over pensionable age and who (except as mentioned in section 37(1) below) has retired from regular employment, and shall be an increase in the weekly rate of his retirement pension equal to 2½ pence for each unit, ascertained in accordance with subsections (2) and (3) of this section, of the graduated contributions properly paid by him as an insured person, the result being rounded to the nearest whole penny, taking ½p as nearest to the next whole penny above.
(2) For the purpose of graduated retirement benefit the units of graduated contributions shall be £7.50 for men and £9.00 for women.
(3) Where a person's graduated contributions calculated at the said rate do not make an exact number of units any incomplete fraction of a unit shall, if it is one-half or more, be treated as a complete unit.
(4) Where a person defers his retirement from regular employment after attaining pensionable age or has made an election by virtue of section 30(3) of the Act and has not revoked it, then, for the purpose of calculating the graduated retirement benefit payable to him from the date of his retirement, there shall be applied the provisions of Schedule 2 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978, and those provisions shall be construed and have effect as if they were part of this subsection.
(5) For the purposes of subsection (4) of this section, the Secretary of State may by regulations provide for treating all or any of the graduated contributions paid by a person in the tax year in which he attained pensionable age as having been paid before, or as having been paid after, the day on which he attained that age, whether or not the contribution in question was so paid.
(7) A person who has attained pensionable age and retired from regular employment, but is not entitled to a retirement pension, shall be treated for the purposes of the foregoing provisions of this section as receiving a retirement pension at a nominal weekly rate:
Provided that—
(a)
(a) this subsection shall not confer any right to graduated retirement benefit on a person who would be entitled to a retirement pension but...
