Legalize / United Kingdom / Statutory-Instrument

The Social Security (Credits) Regulations 1975

Type Statutory-Instrument

Publication 1975-04-03

State In force

Department Westlaw

Source legislation.gov.uk

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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 1975 and section 2(1) of, and paragraph 3 of Schedule 3 to, the Social Security (Consequential Provisions) Act 1975 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:—

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;

“the 2012 Act” means the Welfare Reform Act 2012;

“benefit”—includes—a contribution-based jobseeker’s allowance;a contributory employment and support allowance;does not include—an income-based jobseeker’s allowance;an income-related employment and support allowance;a state pension under Part 1 of the Pensions Act 2014;

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;

“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions;

“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

“credits” and “a credit” shall be construed in accordance with regulation 3;

“income-based jobseeker’s allowance”has the same meaning as in the Jobseekers Act 1995;

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (employment and support allowance);

“jobseeker’s allowance”means an allowance payable under Part I of the Jobseekers Act 1995;

“reckonable year” means a year for which the relevant earnings factor of the contributor concerned was sufficient to satisfy— in relation to short-term incapacity benefit, widowed mother’s allowance, widowed parent’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; ...in relation to contribution-based jobseeker’s allowance, the additional condition specified in section 2(3) of the Jobseekers Act 1995; or in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance).

“relevant benefit year” has the same meaning as it has— in relation to short-term incapacity benefit, in paragraph 2(6)(b) of Schedule 3 to the Contributions and Benefits Act; ...in relation to contribution-based jobseeker’s allowance, in section 2(4)(b) of the Jobseekers Act 1995; and in relation to a contributory employment and support allowance, in paragraph 3(1)(f) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance);

“relevant earnings factor”, in relation to any benefit, means—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 Act 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;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— earnings primary Class 1 contributions have been paid or treated as paid, or credited earnings, and Class 3 contributions; if the contributions relevant to that benefit under that section are Class 1, Class 2 and Class 3 contributions, the earnings factor or the aggregate of the earnings factors derived from—earnings upon which primary contributions have been paid or treated as paid, or credited earnings,Class 2 contributions, andClass 3 contributions paid or credited

“relevant past year” means the last complete year before the beginning of the relevant benefit year;

“universal credit” means universal credit under Part 1 of the 2012 Act;

“the Welfare Reform Act” means the Welfare Reform Act 2007;

“widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act;

“working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002

“year” means tax year;

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 1889 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 regulations 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 earnings

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(1) Any contributions or earnings credited in accordance with these Regulations shall be only for the purpose of enabling the person concerned to satisfy—

(aa) in relation to short-term incapacity benefit, the second contribution condition specified in paragraph 2(3) of Schedule 3 (contribution conditions for entitlement to benefit) to the Contributions and Benefits Act;

(ab) in relation to—

(i) widowed mother’s allowance;

(ii) widowed parent’s allowance;

(iii) ... and

(iv) widow’s pension,

the second contribution condition specified in paragraph 5(3) of Schedule 3 to the Contributions and Benefits Act;

(ac) in relation to a Category A or Category B retirement pension—

(i) in the case of a retirement pension to which paragraph 5 of Schedule 3 to the Contributions and Benefits Act applies, the second contribution condition specified in paragraph 5(3); and

(ii) otherwise, the contribution condition specified in paragraph 5A(2) of Schedule 3 to that Act;

(b) in relation to contribution-based jobseeker’s allowance, the condition specified in section 2(1)(b) of the Jobseekers Act 1995; or

(c) in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act,

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 for the purposes of any benefit only 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 year.

(2) Where under these regulations a person is entitled for the purposes of any benefit to—

(a) be credited with earnings 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;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where under these regulations a person is entitled to be credited with earnings or a contribution 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, a widowed parent’s allowance... and a widow's pension

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(1) Subject to paragraph (1A), for the purposes of entitlement to a Category A or a Category B retirement pension, a widowed mother's allowance, a widowed parent’s allowance... or a widow's pension by virtue of a person`s earnings or contributions, 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.

(1A) For the purposes of entitlement to a Category A or a Category B retirement pension, no contribution shall be credited under this regulation—

(a) in respect of any tax year commencing on or after 6th April 2010;

(b) in respect of any other tax year, where an application under regulation 9 (application for allocation of national insurance number) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 is made on or after 6th April 2010.

(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 1965, he shall be credited with contributions under paragraph (1) in respect of the tax year commencing on 6th April 1974.

Starting credits for the purposes of unemployment benefit, sickness benefit and maternity allowance

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Starting credits for the purposes of a maternity grant

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For the purposes of entitlement to a maternity grant by virtue of a person's contributions he shall—

(a) be credited with such number of Class 3 contributions as may be required to bring his relevant earnings factor for the relevant past year, if it is a year for which contributions could be credited under regulation 4 which commenced on or after 6th April 1975, to the level required to make it a reckonable year;

(b) in the case of a person to whom regulation 5(1) applies, be entitled to Class 1 credits for the relevant past year, if (not being a year for which he is entitled to credits under sub-paragraph (a) of this paragraph) it is a year mentioned in paragraph (1), but not paragraph (2), of regulation 5.

Credits for approved training

7

(1) For the purposes of entitlement to any benefit by virtue of a person`s earnings or contributions he shall, subject to paragraphs (2) to (4), be entitled to be credited with earnings equal to the lower earnings limit then in force, 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 ... 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 question and he is a disabled person within the meaning of the Disabled Persons (Employment) Act 1944; 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 1973 or the Enterprise and New Towns (Scotland) Act 1990, for such longer period as is reasonable in the circumstances of his case; and

(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) Paragraph (1) shall not apply to a person in respect of any week in any part of which that person was entitled to universal credit.

Credits on termination of full-time education, training or apprenticeship

8

(1) For the purposes of his entitlement to a contribution-based jobseeker’s allowance, short-term incapacity benefit or a contributory employment and support allowance 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 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990; 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 1944, 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

(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 1975 had effect;

Credits for unemployment or incapacity for work

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions

10

(1) Subject to paragraph (3), where—

(a) a person's entitlement to unemployment benefit, sickness benefit or maternity grant falls to be determined by reference to the contribution conditions contained in the 1965 Act; and

(b) the last complete contribution year for the purposes of those conditions for the contributor concerned is—

(i) the year in which he attained the age of 17 or any previous year; or

(ii) a year after the year in which he attained that age but which is not later than the year in which he entered insurance under that Act;

he shall be credited with such number of contributions of the appropriate class under that Act as will enable him to satisfy the condition in paragraph 1(b) or, as the case may be, 2(b) of Schedule 2 to that Act.

(2) Paragraph (1) shall not apply in relation to—

(a) unemployment benefit or sickness benefit for any day which is part of a continuous period for each day of which he was entitled to unemployment benefit or as the case may be sickness benefit which commenced on or before 5th April 1975 and for this purpose Sunday, or the day substituted for Sunday in his case, shall be disregarded;

(b) maternity grant where the expected week of confinement commenced before 23rd June 1975.

(3) Where—

(a) a woman's entitlement to maternity allowance falls to be determined by reference to the contribution conditions in the 1965 Act;

(b) the maternity allowance period for the purposes of section 22 commenced on or after 6th April 1975; and

(i) terminated not later than the day on which she attained the age of 17; or

(ii) terminated after that day and included the date on which she first entered insurance or fell wholly before that date;

she shall be credited with such number of contributions of the appropriate class under that Act as will enable her to satisfy the contribution conditions in paragraph 3 of Schedule 2 to that Act.

(4) Contributions paid under the 1975 Act shall be taken into account for the purposes of paragraph (5)(a)(ii) of regulation 10 and of regulation 15(3) of the National Insurance (Contributions) Regulations 1969, as amended.

(5) The provisions of the said paragraph (5) shall apply for the purposes of maternity allowance as they apply for the purposes of sickness benefit.

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