The Social Security (Credits) Amendment Regulations 2003

Amendment of the Social Security (Credits) Regulations 1975

2.—(1) The Social Security (Credits) Regulations 1975(1) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 8B(2)(2) (which specifies weeks in respect of which a person is entitled to be credited with earnings for incapacity for work) –

(a) in sub-paragraph (a)(i) after “(incapacity benefit: days and periods of incapacity for work)”, insert “or would have been such a day had that person been entitled to incapacity benefit by virtue of section 30A of that Act”;

(b) for sub-paragraph (b), substitute —

“(b) a week for any part of which an unemployability supplement or allowance was payable by virtue of —

(i) Schedule 7 to the Contributions and Benefits Act;

(ii) Article 18 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983(3); or

(iii) Article 18 of the Personal Injuries (Civilians) Scheme 1983(4).”.

(3) For regulation 9C(5) (credits for maternity pay period), substitute —

“Credits for adoption pay period and maternity pay period

9C.— (1) For the purposes of entitlement to any benefit by virtue of —

(a) in the case of a person referred to in paragraph (2)(a), that person’s earnings or contributions;

(b) in the case of a woman referred to in paragraph (2)(b), her earnings or contributions,

that person or that woman, as the case may be, 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 each week during —

(a) the adoption pay period in respect of which statutory adoption pay was paid to a person; or

(b) the maternity pay period in respect of which statutory maternity pay was paid to a woman.

(3) A person or woman referred to above shall be entitled to be credited with earnings in respect of a week by virtue of this regulation only if he or she —

(a) furnished to the Secretary of State notice in writing of his or her claim to be entitled to be credited with earnings; and

(b) did so —

(i) before the end of the benefit year immediately following the tax year in which that week began, or

(ii) within such further time as may be reasonable in the circumstances of his or her case.

(4) This regulation 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 19(4) of the Contributions and Benefits Act had effect.

(5) In this regulation “adoption pay period”, “maternity pay period”, “statutory adoption pay” and “statutory maternity pay” have the same meaning as in the Contributions and Benefits Act(6).”.

(1)

S.I.1975/556; the relevant amending instruments are S.I.1988/516 and 1545 and S.I.1996/2367.

(2)

Regulation 8B was inserted by regulation 2(6) of S.I.1996/2367.

(3)

S.I.1983/883 to which there are amendments not relevant to this instrument.

(4)

S.I.1983/686 to which there are amendments not relevant to this instrument.

(5)

Regulation 9C was inserted by regulation 2(3) of S.I.1988/516 and amended by regulation 2(4) of S.I.1988/1545.

(6)

See Part XII (Statutory Maternity Pay) and Part XIIZB (Statutory Adoption Pay) of the Social Security Contributions and Benefits Act 1992. Part XIIZB was inserted by section 4 of the Employment Act 2002 (c. 22).