Social Security (Credits) Regulations 1975

JurisdictionUK Non-devolved
CitationSI 1975/556

1975 No. 556

SOCIAL SECURITY

The Social Security (Credits) Regulations 1975

Made 3rd April 1975

Laid before Parliament 4th April 1975

Coming into Operation 6th April 1975

The Secretary of State for Social Services in exercise of the powers conferred upon her by section 13(4) of the Social Security Act 1975 and section 2(1) of, and paragraph 3 of Schedule 3 to, the Social Security (Consequential Provisions) Act 1975 and of all other powers enabling her in that behalf, without having referred any proposals on the matter to the National Insurance Advisory Committee since it appears to her that by reason of urgency it is inexpedient to do so, hereby makes the following regulations:—

S-1 Citation and commencement

Citation and commencement

1. These regulations may be cited as the Social Security (Credits) Regulations 1975 and shall come into operation on 6th April 1975.

S-2 Interpretation

Interpretation

2.—(1) In these regulations, unless the context otherwise requires,—

“” means

“” and “”

“”, in relation to any benefit, means

“”, in relation to any benefit, means

“”

and other expressions have the same meanings as in the Act.

(2) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.

(3) Unless the context otherwise requires, any reference in these regulations—

(a)

(a) to a numbered section is a reference to the section of the Act bearing that number;

(b)

(b) to a numbered regulation is a reference to the regulation bearing that number in these regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number;

(c)

(c) to any provision made by or contained in any enactment or instrument shall 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.

(4) Nothing in these regulations shall be construed as entitling any person to be credited with contributions for the purposes of any benefit for a day, period or event occurring before 6th April 1975.

S-3 General provisions relating to the crediting of contributions

General provisions relating to the crediting of contributions

3.—(1) Any contributions credited in accordance with these regulations for the purposes of any benefit for which 2 contribution conditions are specified in Schedule 3 to the Act shall be only for the purpose of enabling the person concerned to satisfy the second of those conditions; and accordingly where under any of the provisions of these regulations a person would, but for this paragraph, be entitled to be credited with any contributions for a tax year, or in respect of any week in a tax year, he shall be so entitled for the purposes of any benefit only if and to no greater extent than that by which his relevant earnings factor for that year falls short of the level required to make that year a reckonable year.

(2) Where under these regulations a person is entitled for the purposes of any benefit to—

(a)

(a) Class 1 credits for a year, he is to be credited with such amount of Class 1 contributions as may be required to bring his relevant earnings factor to the level required to make that year a reckonable year;

(b)

(b) a Class 1 credit in respect of a week, he is to be credited with an amount of primary Class 1 contributions calculated at the standard rate specified in section 4(6)(a) in respect of a payment of weekly earnings made in that week and equal to the lower earnings limit then current under section 4(1)(a).

(3) Where under these regulations a person is entitled to a credit in respect of a week which is partly in one tax year and partly in another, he shall be entitled to that credit for the tax year in which that week began and not for the following year.

S-4 Starting credits for the purposes of a retirement pension, a widowed mother's allowance and a widow's pension

Starting credits for the purposes of a retirement pension, a widowed mother's allowance and a widow's pension

4.—(1) For the purposes of entitlement to a Category A or a Category B retirement pension, a widowed mother's allowance or a widow's pension by virtue of a person's contributions, he shall be credited with such number of Class 3 contributions as may be required to bring his relevant earnings factor in respect of the tax year in which he attained the age of 16 and for each of the 2 following tax years to the level required to make those years reckonable years; so however that, subject to paragraph (2), no contribution shall be credited under this regulation in respect of any tax year commencing before 6th April 1975.

(2) Where a person was in Great Britain on 6th April 1975 and had attained the age of 16 but was not an insured person under the National Insurance Act 1965, he shall be credited with contributions under paragraph (1) in respect of the tax year commencing on 6th April 1974.

S-5 Starting credits for the purposes of unemployment benefit, sickness benefit and maternity allowance

Starting credits for the purposes of unemployment benefit, sickness benefit and maternity allowance

5.—(1) For the purposes of his entitlement to unemployment benefit, sickness benefit or maternity allowance a person shall, subject to paragraph (2), be entitled to Class 1 credits for the relevant past year if it is—

(a)

(a) the year in which he attained the age of 17 or any previous year;

or

(b)

(b) in the case of a person who was not insured under the National Insurance Act 1965, a later year up to and including the first year in which he paid or is treated, otherwise than by Part II of Schedule 3 to the Act, as having paid either a Class 1 or a Class 2 contribution.

(2) Paragraph (1) shall not apply to a woman in respect of any tax year immediately before the end of which she was a married woman and an election made by her under regulations made under section 130(2) (elections by married women and widows not to pay certain contributions or to pay certain contributions at a reduced rate) had effect.

S-6 Starting credits for the purposes of a maternity grant

Starting credits for the purposes of a maternity grant

6. For the purposes of entitlement to a maternity grant by virtue of a person's contributions he shall—

(a) be credited with such number of Class 3 contributions as may be required to bring his relevant earnings factor for the relevant past year, if it is a year for which contributions could be credited under regulation 4 which commenced on or after 6th April 1975, to the level required to make it a reckonable year;

(b) in the case of a person to whom regulation 5(1) applies, be entitled to Class 1 credits for the relevant past year, if (not being a year for which he is entitled to credits under sub-paragraph (a) of this paragraph) it is a year mentioned in paragraph (1), but not paragraph (2), of regulation 5.

S-7 Credits for approved training

Credits for approved training

7.—(1) For the purposes of entitlement to any benefit by virtue of a person's contributions he shall, subject to paragraphs (2) and (3), be entitled to a Class 1 credit in respect of each week in any part of which he was undergoing (otherwise than in pursuance of his employment as an employed earner) a course of full-time training approved by the Secretary of State for the...

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