National Insurance Act 1965
| Jurisdiction | UK Non-devolved |
| Citation | 1965 c. 51 |
| Year | 1965 |
(1) Subject to the provisions of the Act, graduated retirement benefit shall be payable to any person who is over pensionable age and who F3is entitled to a retirement pension, and shall be an increase in the weekly rate of his retirement pension equal to F3714.92 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 F4, a unit of graduated contributions shall be £7.50.(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.Schedule 2 to the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978; andSchedule 1 to the 2005 Regulations,where he would be entitled to a Category A or Category B retirement pension but for the fact that his entitlement is deferred within the meaning in section 55(3) of the Social Security Contributions and Benefits Act 1992, if and so long as his entitlement to such a pension is deferred;where he is treated under subsection (7) as receiving a Category A or a Category B retirement pension at a nominal weekly rate, if and so long as he does not become entitled to graduated retirement benefit by reason only of not satisfying the conditions in section 1 of the Social Security Administration Act 1992 (entitlement to benefit dependent on claim) ,(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.(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .this subsection shall not confer any right to graduated retirement benefit on a person who would be entitled to a retirement pension but for some provision of the Act or of regulations disqualifying him for receipt of it; andregulations may provide that any right by virtue of this subsection to benefit at less than a specified weekly rate shall be satisfied either altogether or for a specified period by the making of a single payment of the prescribed amount.(8) In this section and in section 37 below—Provided that nothing in this subsection shall affect the construction of any reference to section 36 or 37 of this Act or of that Act or to any of the subsections of those sections; and any increase in the weekly rate of a person’s retirement pension, to the extent that it is attributable to subsection (4) of this section, shall be left out of account in determining the weekly rate of that pension for the purposes of F27section 30B(3) of the Social Security Contributions and Benefits Act 1992, regulations 11(1) and 18(7) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 and F28regulation 10(6) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 (rates of incapacity benefit and jobseeker’s allowance in transitional cases for persons over pensionable age) . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “graduated contributions” means graduated contributions under the National Insurance Act 1965 or the National Insurance Act 1959;
- “insured person” means insured person under the National Insurance Act 1965 or the National Insurance Act 1946;
- “retirement pension” means retirement pension of any category F24under the Social Security Contributions and Benefits Act 1992;
- “the Act” means the Social Security Act 1975;
- F29“the 2005 Regulations” means the Social Security (Graduated Retirement Benefit) Regulations 2005,
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