Social Security (Non-Contributory Invalidity Pension) Regulations 1975
| Jurisdiction | UK Non-devolved |
| Citation | SI 1975/1058 |
1975 No. 1058
SOCIAL SECURITY
The Social Security (Non-Contributory Invalidity Pension) Regulations 197527thJune 1975
30thJune 1975
20thJuly 1975
The Secretary of State for Social Services, in exercise of the powers conferred upon her by sections 36(3) to (7) and (9), 40(2), 49, 79(3), 80, 81, 82, 83(1), 84, 85, 119(3), 128(2), 129(1) and 131 of and Schedule 20 to the Social Security Act 1975(a), and of all other powers enabling her in that behalf, hereby makes the following regulations which are made in consequence of the provisions of the Social Security Benefits Act 1975(b) (re-enacted in the Social Security Act 1975) relating to non-contributory invalidity pension:—
PART I
GENERAL
Citation and commencement
1. These regulations may be cited as the Social Security (Non-Contributory Invalidity Pension) Regulations 1975 and shall come into operation on 20th July 1975.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires, "the Act" means the Social Security Act 1975 and other expressions have the same meanings as in the Act.
(2) Reference in these regulations—
(a) to a person's father, mother, son or daughter shall include reference to his step-father, step-mother, step-son or step-daughter, as the case may be, and a person shall be treated as such a relative if he would be such a relative if some person born illegitimate had been born legitimate:
(a) 1975 c. 14.
(b) 1975 c. 11.
(b) 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 may re-enact or replace it, with or without modification.
(3) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889(a) 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.
PART II
MISCELLANEOUS PROVISIONS RELATING TO NON-CONTRIBUTORY INVALIDITY PENSION
Conditions relating to residence and presence
3.—(1) Subject to the following provisions of this regulation, the prescribed conditions for the purposes of section 36(3) of the Act as to residence and presence in Great Britain in relation to any person in respect of any day shall be—
(a) that he is present in Great Britain;
(b) that he has been present in Great Britain for a period of, or periods amounting in the aggregate to, not less than 26 weeks in the 12 months immediately preceding that day; and
(c) that he has been resident in Great Britain for a period of or periods amounting in the aggregate to—
(i) 10 years in the 20 years immediately preceding that day; or
(ii) 10 years since his birth if he is under 20 years of age on that day.
(2) For the purposes of paragraph (1)(a) or (b) of this regulation, a person who is absent from Great Britain on any day shall be treated as being present in Great Britain if on that day he is—
(a) a merchant seaman within the meaning of the Family Allowances (Qualifications) Regulations 1969(b) as amended (c); or
(b) a member of the forces within the meaning of those regulations; or
(c) living with such a member of the forces and is that member's spouse, son, daughter, father, father-in-law, mother or mother-in-law.
(3) Where a person has been entitled to non-contributory invalidity pension for any day, the conditions set out in paragraph (1) of this regulation shall not apply to that person in respect of any subsequent day of incapacity for work falling within the same period of interruption of employment; and in determining whether any such subsequent day falls within the same period of interruption of employment the provisions of section 17(1) of the Act (days for which unemployment, sickness or invalidity benefit are payable) and of any regulations made under section 17(1) or (2) shall have effect for the purposes of non-contributory invalidity pension as they have effect for the purposes of invalidity benefit.
(a) 1889 c. 63.
(b) S.I. 1969/212 (1969 I, p. 543).
(c) There is no amendment relevant to the subject matter of this paragraph.
Days for which persons are to be regarded as incapable of work for the purposes of non-contributory invalidity pension
4.—(1) For all the purposes of non-contributory invalidity pension a person shall not be treated as incapable of work for any day unless that day would be a day of incapacity for work under the provisions of section 17(1)(a) of the Act or regulation 3, 5 or 7(1)(f) or (g) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1975(a) (provisions for determining whether a day is one of incapacity for work for the purposes of sickness or invalidity benefit); and in the case of a person who has not attained retiring age, Sunday or the day which would be substituted for Sunday under the provisions of regulation 4 of the said regulations of 1975 shall (except for the purposes of the requirements of section 36(1) of the Act as to the period for which a person must have been incapable of work as those apply in the case of a person who has not previously been entitled to non-contributory invalidity pension) not be treated as a day on which that person is incapable of work.
(2) In determining for the purposes of section 36(1) of the Act whether a person has been incapable of work for 196 consecutive days, a day shall not be treated as a day on which that person was incapable of work if on that day he was absent from Great Britain or undergoing imprisonment or detention in legal custody.
Circumstances in which persons are to be regarded as receiving full-time education
5.—(1) A person shall not be treated as receiving full-time education for the purposes of non-contributory invalidity pension—
(a) if he is not less than 16 or more than 19 years of age, for any period unless it is one in respect of which the Secretary of State certifies that he is receiving full-time education by attendance at an establishment recognised by the Secretary of State as being, or as comparable to, a university, college or school; or
(b) if he is over the age of 19, for any period.
(2) In determining the duration of a period of full-time education under paragraph (1)(a) of this regulation any temporary interruption of that education may be disregarded.
Modification of section 36(1) of the Act in the case of a person who has previously been entitled to non-contributory invalidity pension
6. In the case of a person who has previously been entitled to non-contributory invalidity pension, the requirements of section 36(1) of the Act as to the period for which a person must have been incapable of work shall be deemed to be satisfied on any day in a period of interruption of employment if they have been satisfied on any earlier day in that period of interruption of employment; and in determining whether that day and the earlier day fall within the same period of interruption of employment the provisions of section 17(1) of the Act (days for which unemployment, sickness or invalidity benefit are payable) and of any regulations made under section 17(1) or (2) shall have effect for the purposes of non-contributory invalidity pension as they have effect for the purposes of invalidity benefit.
(a) S.I. 1975/564 (1975 I, p. 2062).
Circumstances in which a person over pensionable age is to be treated as having been entitled to non-contributory invalidity pension immediately before attaining that age
7. A person who has attained pensionable age shall for the purposes of section 36(4) of the Act be treated as having been entitled to non-contributory invalidity pension immediately before attaining that age if immediately before attaining it he would have satisfied the conditions for entitlement to that pension but for the provisions of the Social Security...
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