The Social Security (Credits) Regulations 1975

Credits for unemployment or incapacity for work

9.—(1) For the purposes of entitlement to any benefit by virtue of a person's contributions he shall be entitled to a Class 1 credit in respect of each week of unemployment or incapacity within the meaning of paragraph (2).

(2) Subject to paragraph (6), in this regulation “week of unemployment or incapacity” means —

(a) a week in which in relation to the person concerned each of the 6 days from Monday to Saturday was either—

(i) a day of unemployment within the meaning of paragraph (3), or

(ii) a day of incapacity for work within the meaning of paragraph (5),

so however that if he objects on religious grounds to working on a specific day in each week other than Sunday, in the application of this sub-paragraph to him Sunday shall be substituted for that specific day; or

(b) a week for any part of which an unemployability supplement or allowance within the meaning of Schedule 5 to the Act is payable.

(3) Subject to paragraphs (4) and (7), in this regulation a “day of unemployment” in relation to any person means any day which—

(a) was a day of unemployment for the purposes of section 14(1)(a);

or

(b) would have been such a day had he claimed unemployment benefit within the prescribed time,

except that a day shall not be a day of unemployment within the meaning of this paragraph if it is a day in respect of which the person concerned does not satisfy those requirements of regulation 8(5) and (6) of the Social Security (Mariners' Benefits) Regulations 1975(1), if any, which apply to him.

(4) For the purposes of paragraph (3), the employment of a person on any day in a week is to be disregarded if—

(a) (i) he was available on that day to be employed full-time in some employed earner's employment,

(ii) the employment in which he was engaged was consistent with that full-time employment,

(iii) in that week he was engaged in employment for a total of not more than 8 hours (including any employment to which sub-paragraph (b) of this paragraph applies), and

(iv) if the employment in which he was engaged was employed earner's employment, it was not in his usual main occupation, or

(b) the employment in which he was engaged was employed earner's employment—

(i) which does not fall to be disregarded under sub-paragraph (a) of this paragraph,

(ii) he was engaged in that employment on 1 day only in that week,

(iii) his earnings from that employment on that day did not exceed the lower earnings limit then in force,

and in this paragraph—

(i) “employed earner's employment” includes employment as a share fisherman within the meaning of regulation 1(2) of the Social Security (Mariners' Benefits) Regulations 1975,

(ii) “earnings” has the same meaning as in Part II of the Social Security (Contributions) Regulations 1975(2).

(5) Subject to paragraph (8), in this regulation a “day of incapacity for work” in relation to any person means any day which—

(a) was a day of incapacity for work for the purposes of section 14(1)(b) or is deemed to be such a day by virtue of section 22(3); or

(b) would have been such a day had he claimed sickness benefit or maternity allowance within the prescribed time; or

(c) formed part of a period for which injury benefit was payable or would have become payable had he claimed it within the prescribed time.

(6) For the purposes of this regulation a week shall not be a week of unemployment or incapacity in relation to a woman if in any part of that week she was a married woman in respect of whom an election made by her under regulations made under section 130(2) had effect.

(7) A day shall not be a day to which paragraph (3)(b) applies unless—

(a) the person concerned attended on that day at an unemployment benefit office and there made a written declaration as to his unemployment and his availability for employment; so however that where the Secretary of State had before that day given him a notice in which a day was specified for making such a declaration, the requirements of this sub-paragraph shall be treated as satisfied if he attended at such an office and made such a declaration on the day specified in the notice and had done so on each earlier day (if any) so specified; or

(b) the person concerned has furnished, in accordance with requirements notified to him by the Secretary of State, alternative evidence that the day was a day to which paragraph (3)(b) would have applied had he satisfied the requirements of sub-paragraph (a) of this paragraph;

and in this paragraph “unemployment benefit office” means any office or place appointed by the Secretary of State for the purposes of claiming unemployment benefit.

(8) A day shall not be a day to which paragraph (5)(b) applies unless the person concerned furnished to the Secretary of State notice in writing of the grounds on which he claims to be entitled to a credit, and he did so before the end of the benefit year immediately following the tax year in which that day fell or within such further time as may be reasonable in the circumstances of his case.

(1)

(1975 I, p. 1734).

(2)

(1975 I, p. 1516).