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Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978

Consolidated Text As Enacted Cited authorities 36 Cited in Amendments 12 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1978/393
Year1978
(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—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.
  • the amount of graduated retirement benefit payable for each unit of graduated contributions;
  • increases of such benefit under the provisions of Schedule 2 to these Regulations; and
  • any addition under section 37(1) of the 1965 Act (addition to weekly rate of retirement pension for
    • (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.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;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; 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 F35;...to extend section 37 of the 1965 Act (increase of women’s retirement pension by reference to her late husband’s graduated retirement benefit) to civil partners and surviving civil partners;F40andto extend section 37 of the 1965 Act to men and their late husbands, and women 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
  • 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.
  • The 1975 regulations and regulation 18 of and Schedule 2 to the Social Security (Invalid Care Allowance) Regulations 1976 are hereby revoked.
    • Subject to the provisions of the Act, graduated retirement benefit shall be payable to any person who is over pensionable age and who F1is entitled to a retirement pension, and shall be an increase in the weekly rate of his retirement pension equal to F3112.79 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.For the purpose of graduated retirement benefit F28, a unit of graduated contributions shall be £7.50.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

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