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 197573 and section 2(1) of, and paragraph 3 of Schedule 3 to, the Social Security (Consequential Provisions) Act 197574 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:
[The current determination of entitlement to past credits will sometimes depend on a past version of a regulation which has since been amended. Unless the amendment consists purely of the insertion of new material, or where (for small changes) the annotation indicates the words deleted or replaced, the desired past version will not be deducible from the current text of the regulations. For this reason, credits provisions which have been amended within the last 2 or 3 years are, where appropriate, reproduced below not only in their current version (in normal type) but also, for a temporary period, in recent pre-amendment versions (in small san serif type and indented).]
[In the following S.I. wherever the words "training for work" appear substitute the words "work based training for adults" except in the case of reference to the title or principal order or of the 1993 order. As per S.I. 1998/1426 from 3.7.98.]
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.
Interpretation
2.-(1) In these regulations, unless the context otherwise requires,-
"the Act" means the Social Security Act 1975;
[ "benefit" includes a contribution-based jobseeker's allowance but not an income-based jobseeker's allowance75;]
[ ]
[ "the Contribution and Benefits Act" means the Social Security Contributions and Benefits Act 1992;]
[ "contribution-based jobseeker's allowance" has the same meaning as in the Jobseekers Act 199576;]
"credits" and "a credit" shall be construed in accordance with regulation 3;
["disability working allowance" has the meaning assigned to it in section 20 of the Social Security Act 1986 77 78;]
["disabled person's tax credit" means a disabled person's tax credit under section 129 of the Contributions and Benefits Act 79 80 ;]
[81]
[ "income-based jobseeker's allowance" has the same meaning as in the Jobseekers Act 1995;
"jobseeker's allowance" means an allowance payable under Part I of the Jobseekers Act 199582;]
[83]
["reckonable year" means a year for which the relevant earnings factor of the contributor concerned was sufficient to satisfy-
(a) in relation to short-term incapacity benefit, widowed mother's allowance, widow's pension or Category A or Category B retirement pension, paragraph (b) of the second contribution condition specified in relation to that benefit in Schedule 3 to the Contributions and Benefits Act; or
(b) in relation to contribution-based jobseeker's allowance, the additional condition specified in section 2(3) of the Jobseekers Act 199584;]
["relevant benefit year" has the same meaning as it has-
(a) in relation to short-term incapacity benefit, in paragraph 2(6)(b) of Schedule 3 to the Contributions and Benefits Act; and
(b) in relation to contribution-based jobseeker's allowance, in section 2(4)(b) of the Jobseekers Act 199585;]
["relevant earnings factor86", in relation to any benefit, means-
(a) [if the benefit is a contribution-based jobseeker's allowance or if the contributions relevant to the benefit under section 21 of the Contributions and Benefits Act87] are Class 1 contributions, the earnings factor derived from earnings upon which primary Class 1 contributions have been paid or treated as paid, or credited earnings;
(b) if the contributions relevant to that benefit under [that section] are Class 1 and Class 2 contributions, the earnings factor or the aggregate of the earnings factors derived from-
(i) earnings 88[in respect of which] primary Class 1 contributions have been paid or treated as paid, or credited earnings, and
(ii) Class 2 contributions;
(c) if the contributions relevant to that benefit [that section] are Class 1, Class 2 and Class 3 contributions, the earnings factor or the aggregate of the earnings factors derived from-
(i) earnings [in respect of which] primary contributions have been paid or treated as paid, or credited earnings.
(ii) Class 2 contributions, and
(iii) Class 3 contributions paid or credited;]
[89"relevant past year" means the last complete year before the beginning of the relevant benefit year;]
[90"working families' tax credit" means a working families' tax credit under section 128 of the Contributions and Benefits Act 91;]
[ "year" means tax year92;]
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 188993 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) to a numbered section is a reference to the section of the Act bearing that number;
(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) 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 regulation 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.
General provisions relating to the crediting of contributions [and earnings94].
3.-[(1) Any contributions or earnings credited in accordance with these Regulations shall be only for the purpose of enabling the person concerned to satisfy-
(a) in relation to short-term incapacity benefit, widowed mother's allowance, widow's pension or Category A or Category B retirement pension, the second contribution condition specified in relation to that benefit in Schedule 3 to the Contributions Benefits Act; or
(b) in relation to contribution-based jobseeker's allowance, the condition specified in section 2(1)(b) of the Jobseekers Act 1995,
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 or earnings for a year, or in respect of any week in a year, he shall be so entitled or the purposes of any benefit 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 year95.]
(2) Where under these regulations a person is entitled for the purposes of any benefit to-
(a) [be credited with earnings96] for a year, he is to be credited with such amount of [earnings] as may be required to bring his relevant earnings factor to the level required to make that year a reckonable year;
[Sub-para. (b) of reg. 3(2) deleted by reg. 3(c)(iii) of S.I. 1987/414 as from 6.4.87.]
(3) Where under these regulations a person is entitled to [be credited with earnings or a contribution96] in respect of a week which is partly in one tax year and partly in another, he shall be entitled to [be credited with those earnings or that contribution] for the tax year in which that week began and not for the following year.
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 earnings or contributions97], 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 196598, he shall be credited with contributions under paragraph (1) in respect of the tax year commencing on 6th April 1974.
[Regulation 5 revoked by regulation 3(1) of S.I. 1988/1230 as from 2.10.88, subject to saving in regulation 3(2) ibid.]
[Regulation 6 (credits for maternity grant) revoked by regulation 3(1) of S.I. 1988/516 as from 6.4.88.]
Credits for approved training
7.
(1) For the purposes of entitlement to any benefit [by virtue of a person's earnings or contributions99] he shall, subject to paragraphs (2) and (3), be entitled to [be credited with earnings equal to the lower earnings limit then in force, 100] 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 [101 ] training approved by the Secretary of State for the purposes of this regulation.
[(2) Paragraph (1) shall apply to a person only if-
(a) the course is-
(i) a course of full-time training; or
(ii) a course of training which he attends for not less than 15 hours in the week in 102question and he is a disabled person within the meaning of the Disabled Persons (Employment) Act 1944103; or
(iii) a course of training introductory to a course to which paragraph (i) or (ii) above applies; and
(b) when the course began it was not intended to continue for more than 12 months or, if he was a disabled person within the meaning of the Disabled Persons (Employment) Act 1944 and the training was provided under the Employment and Training Act 1973104 [or the Enterprise and New Towns (Scotland) Act 1990105]106, for such longer period as is reasonable in the circumstances of his case; and
(c) he had attained the age of 18 before the beginning of the tax year in which the week in question began107.]
(3) Paragraph (1) shall not apply to a woman in respect of any week in any part of which she was a married woman in respect of whom an election made by her under regulations made [under section 3(2) of the Social Security Pensions Act 1975] had effect108.
[Credits for invalid care allowance
7A109.
(1) For the purposes of entitlement to any benefit [by virtue of a person's earnings or contributions110] he shall, subject to paragraph (2), be entitled to [be credited with earnings equal to the lower earnings limit then in force111,] in respect of each week for any part of which an invalid care allowance is paid to him, or in the case of a widow, would have been so payable but for the provisions of the Social Security (Overlapping Benefits) Regulations 1975, as amended by the Social Security (Invalid Care Allowance) Regulations 1976, requiring adjustment of an invalid care allowance against widow's benefit or benefit by virtue of section 39(4) corresponding to a widowed mother's allowance or a widow's pension.
(2) Paragraph (1) shall not apply-
(a) to a person in respect of any week where he is entitled to [be credited with earnings112] under [regulation 8A or 8B113] in respect of the same week; or
(b114) to a woman in respect of any week in any part of which she was a married woman in respect of whom an election made by her under regulations made [under section 3(2) of the Social Security Pensions Act 1975115] had effect.]
[Credits for [disabled person's tax credit116]
7B117.
(1) For the purposes of entitlement to any benefit by virtue of a person's earnings or contributions he shall, subject to paragraphs (2) and (3), be credited with earnings equal to the lower earnings limit then in force in respect of each week for any part of which a [disabled person's tax credit] is paid to him.
(2) Paragraph (1) shall apply to a person only if he is-
(a) an employed earner; or
(b) a self-employed earner who is excepted from liability to pay Class 2 contributions by virtue of his earnings being less than or being treated by regulations as less than the amount specified in section 7(5) of the Act (exception from liability for Class 2 contributions on account of small earnings)118.
(3) Paragraph (1) shall not apply-
(a) to a person in respect of any week where he is entitled to be credited with earnings under 119[regulation 8A or 8B] in respect of the same week; or
(b) to a woman in respect of any week in any part of which she was a married woman in respect of whom an election made by her under regulations made under section 3(2) of the Social Security Pension Act 1975120 had effect121.]
[Credits for [working families' tax credit122]
7C.
(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 earnings or contributions, where [working families' tax credit] is paid for any week in respect of-
(a) an employed earner; or
(b) a self-employed earner who is excepted from liability to pay Class 2 contributions by virtue of his earnings being less than or being treated by regulations as less than the amount specified in section 11(4) of the Contributions and Benefits Act (exception from liability for Class 2 contributions on account of small earnings)123,
that person shall, subject to paragraphs (4) and (5), be credited with earnings equal to the lower earnings limit then in force in respect of that week.
(2) The reference in paragraph (1) to the person in respect of whom family credit is paid-
(a) where it is paid to one of a married or unmarried couple, is a reference to the member of that couple specified in paragraph (3); and
(b) in any other case, is a reference to the person to whom it is paid.
(3) the member of a married or unmarried couple specified for the purposes of paragraph (2)(a) is-
(a) where only one member is assessed for the purposes of the award of family credit as having income consisting of earnings, that member.
(b) where both members are so assessed, the member with the higher earnings; or
(c) where the earnings of each member are assessed as equal, the member to whom the family credit is paid.
(4) Paragraph (1) shall not apply-
(a) to a person in respect of any week he is entitled to be credited with earnings under [regulation 8A or 8B124] in respect of the same week; or
(b) to a woman in respect of any week in any part of which she is a married woman in respect of whom an election made by her under regulations made under section 19(4) of the Contributions and Benefits Act has effect.
(5) Paragraph (1) only applies to a person if the date on which he attains or is due to attain pensionable age125 falls after 5th April 1999 and, in relation to such persons, has effect in respect of any week falling wholly or partly within the 1995-96 and subsequent tax years.
(6) In this regulation "married couple" and "unmarried couple" have the same meaning as in Part VII of the Contributions and Benefits Act.]
Credits on termination of full-time education, training or apprenticeship
8.
[(1) For the purposes of his entitlement to [a contribution-based jobseeker's allowance126] or [ short-term incapacity benefit127] a person shall be entitled to be credited with earnings equal to the lower earnings limit then in force for either one of the last two complete years before the beginning of the relevant benefit year if-
(a) during any part of that year he was-
(i) undergoing a course of full-time education; or
(ii) undergoing-
(a) a course of training which was full-time and which was arranged under section 2(1) of the Employment and Training Act 1973128 [or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990129]130; or
(b) any other full-time course the sole or main purpose of which was the acquisition of occupational or vocational skills; or
(c) if he is a disabled person within the meaning of the Disabled Persons (Employment) Act 1944131, a part-time course attended for at least 15 hours a week which, if it was full-time, would fall within either of heads (a) or (b) above; or
(iii) an apprentice; and
(b) the other year is, in his case, a reckonable year; and
(c) that course or, as the case may be, his apprenticeship has terminated132.]
(2) Paragraph (1) shall not apply-
(a) where the course of education or training or the apprenticeship commenced after the person had attained the age of 21;
(b) 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 3(2) of the Social Security Pensions Act 1975133] had effect [;
(c) to a person in respect of any tax year before that in which he attains the age of 18 134 135 .]
[Credits for unemployment
8A.-(1) Subject to regulation 9, for the purpose of entitlement to any benefit by virtue of a person's earnings or contributions, he shall be entitled to be credited with earnings equal to the lower earnings limit then in force, in respect of each week to which this regulation applies.
(2) Subject to paragraph (5) this regulation applies to a week which, in relation to the person concerned, is-
(a) a week for the whole of which he was paid a jobseeker's allowance; or
(b) a week for the whole of which he satisfied or was treated as having satisfied the conditions set out in paragraphs (a), (c) and (e) to (h) of section 1(2) of the Jobseekers Act 1995 (conditions for entitlement to a jobseeker's allowance) and in respect of which he has satisfied the further condition specified in paragraph (3); or
(c) a week which would have been a week described in sub-paragraph (b) but for the fact that he was incapable of work for part of it.
(3) The further condition referred to in paragraph (2)(b) is that the person concerned-
(a) furnished to the Secretary of State notice in writing of the grounds on which he claims to be entitled to be credited with earnings-
(i) on the first day of the period for which he claims to be so entitled in which the week in question fell; or
(ii) within such further time as may be reasonable in the circumstances of the case; and
(b) has provided any evidence required by the Secretary of State that the conditions referred to in paragraph (2)(b) are satisfied.
(4) This regulation also applies to a week for the whole of which the conditions set out in paragraphs (a), (c) and (e) to (h) of section 1(2) of the Jobseekers Act 1995 would have been satisfied but for its being a week in respect of which, in accordance with regulation 52(3) (persons treated as engaged in remunerative work) and Part VIII (income and capital) of the Jobseeker's Allowance Regulations 1996136, there is taken into account any compensation payment referred to in regulation 98(1)(b) of those Regulations.
(5) This regulation shall not apply to-
(a) a week in respect of which the person concerned was not entitled to a jobseeker's allowance (or would not have been if he had claimed it) because of section 14 of the Jobseekers Act 1995 (trade disputes); or
(b) a week in respect of which, in relation to the person concerned, there was in force a direction under section 16 of that Act (which relates to persons who have reached the age of 16 but not the age of 18 and who are in severe hardship); or
(c) a week in respect of which, because of section 19 of that Act, a jobseeker's allowance was not payable to the person concerned even though he satisfied the conditions for entitlement to that allowance; or
(d) a week in respect of which a jobseeker's allowance was payable to the person concerned only by virtue of regulation 141 of the Jobseeker's Allowance Regulations 1996137 (circumstances in which an income-based jobseeker's allowance is payable to a person in hardship); or
(e) where the person concerned is a married woman, a week in respect of any part of which an election made by her under regulations made under section 19(4) of the Contributions and Benefits Act had effect.
Credits for incapacity for work
8B.-(1) Subject to regulation 9, for the purposes of entitlement to any benefit by virtue of a person's earnings or contributions, he shall be entitled to be credited with earnings equal to the lower earnings limit then in force, in respect of each week to which this regulation applies.
(2) Subject to paragraphs (3) and (4) this regulation applies to-
(a) a week in which, in relation to the person concerned, each of the days-
(i) was a day of incapacity for work under section 30C of the Contributions and Benefits Act138 (incapacity benefit: days and periods of incapacity for work); or
(ii) would have been such a day had the person concerned claimed short-term incapacity benefit or maternity allowance within the prescribed time; or
(iii) was a day of incapacity for work for the purposes of statutory sick pay under section 151 of the Contributions Benefits Act and fell within a period of entitlement under section 153 of that Act; or
(b) a week for any part of which an unemployability supplement was payable by virtue of Schedule 7 to the Contributions and Benefits Act.
(3) Where the person concerned is a married woman, this regulation shall not apply to a week in respect of any part of which an election made by her under regulations made under section 19(4) of the Contributions and Benefits Act had effect.
(4) A day shall not be a day to which paragraph (2)(a) applies unless the person concerned has-
(a) before the end of the benefit year immediately following the year in which that day fell; or
(b) within such further time as may be reasonable in the circumstances of the case,
furnished to the Secretary of State notice in writing of the grounds on which he claims to be entitled to be credited with earnings139.]
[140Crediting of earnings for the purposes of entitlement to short-term incapacity benefit-further conditions
9. Earnings which a person is entitled to be credited with in respect of any week by virtue of regulation 8A or 8B (credits for unemployment or incapacity for work) shall be credited for the purpose of enabling him to satisfy the second contribution condition for entitlement to short-term incapacity benefit only if-
(a) in respect of one of the last two complete years before the beginning of the relevant benefit year, that person has an earnings factor of not less than 25 times the lower earnings limit for that year which is derived from earnings [in respect of which141] primary Class 1 contributions have been paid or treated as paid or from Class 2 contributions; or
(b) in respect of any day in, or as the case may be any week falling wholly or partly in, the relevant past year there was payable to that person or, but for the operation of the Social Security (Overlapping Benefits) Regulations 1979142 there would have been payable to him any one of the following benefits-
(i) short-term incapacity benefit at the higher rate or long-term incapacity benefit;
(ii) invalid care allowance;
(iii) unemployability supplement under Schedule 7 to the Contributions and Benefits Act or as defined in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979143; or
(c) that person has made a claim ("the earlier claim") for-
(i) short-term incapacity benefit or disability working allowance in respect of a day, or jobseeker's allowance in respect of a week, in the relevant past year; or
(ii) maternity allowance in respect of a maternity allowance period which includes a day in that year,
and in relation to the earlier claim he has satisfied the contribution conditions for short-term incapacity benefit, or would have satisfied those conditions if the earlier claim had been a claim for that benefit; or
In reg. 9(c)(i) above, the ref. to a jobseeker's allowance claim is to be read, for any claim for a day before 7.10.96, as a ref. to an unemployment benefit claim; and the ref. to a short-term incapacity benefit claim is to be read, for any claim for a day before 13.4.95, as a sickness benefit claim (see reg. 4(2) of S.I. 1996/2367).
(d) for the relevant past year that person is entitled to be credited with earnings in respect of any week by virtue of regulation 7; or
(e) for the relevant past year that person is entitled to be credited with earnings in respect of any one week which included one or more days specified in regulation 8B(2)(a)(iii) (days of incapacity for work for the purposes of statutory sick pay) being a day or days for which that person would have been entitled to short-term incapacity benefit had he claimed it and had all such days specified in regulation 8B(2)(a)(iii) in the relevant past year been treated for the purposes of that benefit as days of incapacity for work144.]
Credits for persons approaching pensionable age
[1459A.
(1) For the purposes of entitlement to any benefit by virtue of a person's earnings or contributions he shall, subject to the following paragraphs, be credited with such earnings as may be required to bring his relevant earnings factor in respect of a tax year to which this regulation applies to the level required to make that year a reckonable year.
(2) This regulation shall apply to the tax year in which a person attains the age of 60 and to each of the 4 succeeding tax years.
(3) Paragraph (1) shall apply, in the case of a self-employed earner, only if he is-
(a) liable to pay a Class 2 contribution in respect of any week in a tax year to which this regulation applies; or
(b) excepted from liability to pay Class 2 contributions in respect of any week in a tax year to which this regulation applies by virtue of his earnings being less than, or being treated by regulations as less than, the amount specified in section 11(4) of the Social Security Contributions and Benefits Act 1992 (exception from liability for Class 2 contributions on account of small earnings) 146,
so that he shall be credited with earnings equal to the lower earnings limit then in force in respect of each week for which he is not so liable.
(4147) [ ]
(5) Where in any tax year to which this regulations applies a person is absent from Great Britain for more than 182 days, he shall not by virtue of this regulation be credited with any earnings or contributions in that tax year148.]
[Credits for jury service
9B.
(1) Subject to paragraphs (2) and (3), for the purposes of entitlement to any benefit [by virtue of a person's earnings or contributions149] he shall be entitled to be credited with earnings equal to the lower earnings limit then in force, in respect of each week for any part of which he attended at Court for jury service.
(2) A person shall be entitled to be credited with earnings in respect of a week by virtue of the provisions of this regulation only if-
(a) his earnings in respect of that week from any employment of his as an employed earner are below the lower earnings limit then in force; and
(b) he furnished to the Secretary of State notice in writing of his claim to be entitled to be credited with earnings and did so before the end of the benefit year immediately following the tax year in which that week or part of that week fell or within such further time as may be reasonable in the circumstances of his case.
(3) Paragraph (1) shall not apply-
(a) to a woman in respect of any week in any part of which she was a married woman in respect of whom an election made by her under Regulations made under section 3(2) of the Social Security Pensions Act 1975150 had effect; or
(b) in respect of any week falling wholly or partly within a year commencing before 6th April 1988[;or151
(c) to a person in respect of any week in any part of which he is a self-employed earner.] 152]
[Credits for maternity pay period
9C.
(1) Subject to paragraphs (2) and (3), for the purposes of entitlement to any benefit [by virtue of a woman's earnings or contributions153] she shall be entitled to be credited with earnings equal to the lower earnings limit then in force, in respect of each week during maternity pay period in respect of which statutory maternity pay was paid to her.
(2) A woman shall be entitled to be credited with earnings in respect of a week by virtue of this regulation only if she furnished to the Secretary of State notice in writing of her claim to be entitled to be credited with earnings and did so before the end of the benefit year immediately following the tax year in which that week or part of that week fell or within such further time as may be reasonable in the circumstances of her case.
(3) Paragraph (1) shall not apply to a woman in respect of any week in any part of which she was a married woman in respect of whom an election made by her under Regulations made under section 3(2) of the Social Security Pensions Act 1975 had effect.
(4) In this regulation "maternity pay period" and "statutory maternity pay" have the same meanings as in the Social Security Act 1986 154 .155]
[156 ]
Signed by authority of the Secretary of State for Social Services,
Brian O'Malley | |
Minister of State, | |
3rd April 1975. |
Department of Health and Social Security |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations provide for the crediting of contributions under the Social Security Act 1975.
The Regulations provide: for credits for certain young people and others who were not insured under the National Insurance Act 1965 (regulation 4, 5 and 6); for credits for certain persons undergoing approved training or completing full-time education, training or apprenticeship (regulations 7 and 8); and for credits for periods of unemployment or incapacity for work in certain cases (regulation 9). The regulations also contain certain transitional provisions (regulation 10).
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