The National Insurance (New Entrants Transitional) Amendment (No. 2) Regulations 1958

Made: 15th December 1958

Laid before Parliament: 18th December 1958

Coming into Operation: 19th December 1958

The Minister of Pensions and National Insurance, in conjunction with the Treasury, in exercise of powers conferred by section 71 of the National Insurance Act, 1946, and of all other powers enabling him in that behalf, hereby makes the following regulations:—

Citation, interpretation and commencement

1

These regulations, which may be cited as the National Insurance (New Entrants Transitional) Amendment (No. 2) Regulations, 1958, shall be read as one with the National Insurance (New Entrants Transitional) Regulations, 1949 [^f00001], as amended[^f00002], (hereinafter referred to as “the principal regulations” ) and shall come into operation on the 19th December, 1958 .

Addition to the principal regulations

2

After regulation 4A[^f00003] of the principal regulations there shall be added the following regulation:—

(4B) (1) Subject to paragraph (2) of this regulation, as respects any insured person— (a) who entered insurance at a time such that the yearly average of contributions paid by or credited to him at the date of his attaining pensionable age calculated in accordance with the provisions of these regulations could not have amounted to thirteen or more; and (b) to whom the provisions of paragraph (1) of regulation 4A would apply, or but for the provisions of paragraph (2) thereof would apply, if he had not entered insurance before the beginning of the period before he attained the age of sixty-five (or, in the case of a woman, sixty) therein specified; the provisions of sub-paragraphs (i) and (ii) of the said paragraph (1) shall apply. (2) The provisions of paragraph (1) of this regulation shall not apply to any person who under the provisions of the Act or any regulations or orders made thereunder is deemed to have satisfied, or would, if he had retired from regular employment and made a claim to a retirement pension, ave been treated as satisfying the condition specified in paragraph (1) of regulation 7 of the National Insurance (Widow's Benefit and Retirement Pensions) Regulations, 1948[^f00004] (under which a person may be entitled to widow's benefit or retirement pension if the yearly average of contributions paid or credited is not less than thirteen).

Substitution of Second Schedule to the principal regulations

3

The revised Schedule set out in the Schedule to these regulations shall be substituted for the Second Schedule[^f00005] to the principal regulations.

SCHEDULE

(Note:—The following provisions are by regulation 3 of these regulations incorporated in the principal regulations as the Second Schedule thereto in substitution for the existing Schedule.)[^f00006]

SECOND SCHEDULE (1) Applicable to contributions in respect of contribution weeks terminating before 3rd February, 1958.

(2) Applicable to contributions in respect of contribution weeks commencing on or after 3rd February, 1958.

Signed

John Boyd-Carpenter — Minister of Pensions and National Insurance — Dated this Thirteenth day of December, 1958

Martin Redmayne — Harwood Harrison — Two of the Lords Commissioners of Her Majesty's Treasury — Dated this Fifteenth day of December, 1958

Explanatory note

EXPLANATORY NOTE

These Regulations apply to persons who (being over school-leaving age on the 5th July, 1948) enter into insurance at a time which, although more than three years before their attaining the age of sixty-five in the case of a man or sixty in the case of a woman, makes it impossible for them to satisfy the condition as to yearly average of contributions necessary to qualify for widow's benefit or retirement pension. The Regulations apply to them the provisions governing the position of persons who enter into insurance within three years before attaining pensionable age, so that on attaining that age they cease to be liable to pay contributions and are entitled to a refund of that portion of each contribution they have paid which is attributable to widow's benefit and retirement pension.

The preliminary draft of these Regulations was submitted to the National Insurance Advisory Committee in accordance with section 77 of the National Insurance Act, 1946, and their report thereon, dated the 12th December, 1958, is contained in House of Commons Paper No. 37 (Session 1958–59) published by Her Majesty's Stationery Office.

Footnotes

[^f00001]: (1949 I, p. 2737)

[^f00002]: S I 1949/1204, 1952/2144, 1955/493, 1957/2077, 2147, 1958/1239 (1949 I, p. 2708; 1952 II, p. 2154; 1955 I, p. 1586; 1957 I, pp. 1556, 1694; 1958 II, p. 1661); and see reg. 2 S.I. 1957/269 (1957 I, p. 1692).

[^f00003]: See reg. 3 S.I. 1958/1239(Pt. II, p. 1661, of this volume).

[^f00004]: (Rev. XVI, p. 207: 1948 I, p. 2704). There is no relevant amendment.

[^f00005]: See reg. 4 and Second Schedule S.I. 1958/1239 (Pt. II, p. 1661 of this volume).

[^f00006]: The words and figures added by these regulations are shown in italics.