National Insurance Act 1965

1 Description and classification of insured persons.

(1) Subject to the provisions of this Act—

(a) every person who—

(i) immediately before the date of commencement of this Act was insured under the Act of 1946; or

(ii) on or after the said date, being over school leaving age and under pensionable age, is in Great Britain, and fulfils such conditions as may be prescribed as to residence in Great Britain,

shall be insured under this Act; and

(b) any person who at the said date is, or who subsequently becomes, insured under this Act shall thereafter continue throughout his life to be so insured.

(2) For the purposes of this Act, insured persons shall be divided into the following three classes, namely—

(a) employed persons, that is to say, persons gainfully occupied in employment in Great Britain, being employment under a contract of service;

(b) self-employed persons, that is to say, persons gainfully occupied in employment in Great Britain who are not employed persons;

(c) non-employed persons, that is to say, persons who are neither employed nor self-employed persons.

(3) Provision may be made by regulations for modifying the classification aforesaid in relation to cases where it appears to the Minister desirable by reason of the nature or circumstances of a person's employment or otherwise, and such regulations may in particular provide—

(a) for treating as an employed contributor's employment—

(i) employment under a public or local authority constituted in Great Britain notwithstanding that it is not employment under a contract of service ;

(ii) employment outside Great Britain in continuation of any employed contributor's employment;

(b) for treating as not being an employed contributor's employment or for disregarding—

(i) employment which is of a casual or subsidiary nature or in which the insured person is engaged only to an inconsiderable extent;

(ii) employment in the service, or for the purposes of the trade or business, or as partner, of the insured person's husband or wife ;

(iii) employment by a relative in the common home of the insured person and the employer;

(c) for treating a person's employment as continuing during periods of holiday, unemployment or incapacity for work and in such other circumstances as may be prescribed.