The Social Security (Contributions) (Amendment No. 4) Regulations 2007

Insertion of regulation 148A in the principal Regulations

6.  After regulation 148 insert—

“Conditions of payment of Class 3 contributions: transfers to the Communities’ pension scheme

148A.— (1) Entitlement to pay Class 3 contributions under regulations 146 and 147 is subject to the condition set out in paragraph (2).

(2) The condition is that a person may not pay a Class 3 contribution for any part of the period to which that person’s Communities transfer relates.

(3) For the purposes of this regulation—

a “Communities transfer” means a transfer to the Communities pension scheme of rights to relevant benefits;

“the Communities’ pension scheme” means the pension scheme provided for officials and other servants of Community institutions and bodies in accordance with regulations adopted by the Council of the European Communities(1);

“relevant benefits” means benefits under—

(a)

Parts 2 to 5 and 10 of the Act,

(b)

sections 36 and 37 of the National Insurance Act 1965(2) (graduated retirement benefit), and

(c)

sections 1(2) and 2 of the Jobseekers Act 1995(3) (contribution-based jobseeker’s allowance).”.

(1)

Council Regulation (EEC, Euratom, ECSC) No. 259/68 of 29th February 1968 (OJ No. L 56, 4.3.1968 p. 1 - Special Edition 1968, 1 December 1972). The Communities’ scheme is contained in Title V, Chapter 3, Articles 77 to 84 and Annex VIII.

(2)

1965 c. 51. Section 36 of that Act was repealed by the Social Security Act 1973 (c. 38) with effect from 6th April 1975, but continues in force by virtue of regulations made under Schedule 3 to the Social Security (Consequential Provisions) Act 1975 (c. 18) or under Schedule 3 to the Social Security (Consequential Provisions) Act 1992 (c. 6).

(3)

1995 c. 18. Section 1(2) was amended by paragraph 2(2) of Schedule 7 to the Welfare Reform and Pensions Act 1999 (c. 30); and section 2 was amended by paragraph 3 of Schedule 7 to that Act.