NIM41240 - Non-benefit credits: post 1975 credited earnings: Stayed Credits (miscarriage of justice cases)

Regulation 9D of the Social Security (Credits) Regulations 1975

A person who has been detained under a custodial sentence may be awarded Class 1 "credits", which can be taken into account for all contributory benefits, for a period of legal detention if:

• the sentence under which they were held is quashed on appeal at the Court of Appeal, Crown Court or High Court.
• they apply in writing to NICO Decision Making Team, and
• they do not continue to be detained under another conviction.

This regulation applies only to those who have wrongly been convicted of a crime. A person who has been detained on remand, not following conviction, and is subsequently found “not guilty” is not entitled to "credits" for the period of detention.

Married woman or widow

A women with a married woman's reduced rate election who has been wrongfully imprisoned for 2 years or more and lost her right to a reduced rate election as a result of that imprisonment, can receive credits for the whole period of imprisonment. This includes the period that her reduced rate election is valid.