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- Point in Time (12/04/1993)
- Original (As enacted)
Version Superseded: 13/04/1995
Point in time view as at 12/04/1993. This version of this provision has been superseded.
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There are currently no known outstanding effects for the National Insurance Act 1965, Section 36.
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(1)Subject to the provisions of the Act, graduated retirement benefit shall be payable to any person who is over pensionable age and who [F2is entitled to a retirement pension], and shall be an increase in the weekly rate of his retirement pension equal to [F37.35] pence for each unit, ascertained in accordance with subsections (2) and (3) of this section, of the graduated contributions properly paid by him as an insured person, the result being rounded to the nearest whole penny, taking ½p as nearest to the next whole penny above.
(2)For the purpose of graduated retirement benefit the units of graduated contributions shall be £7.50 for men and £9.00 for women.
(3)Where a person’s graduated contributions calculated at the said rate do not make an exact number of units any incomplete fraction of a unit shall, if it is one-half or more, be treated as a complete unit.
(4)Where a person [F4defers his entitlement to a Category A or Category B retirement pension] after attaining pensionable age or has made an election by virtue of section 30(3) of the Act and has not revoked it, then, for the purpose of calculating the graduated retirement benefit payable to him from the date of his retirement, there shall be applied the provisions of Schedule 2 to the M1Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978, and those provisions shall be construed and have effect as if they were part of this subsection.
(5)For the purposes of subsection (4) of this section, the Secretary of State may by regulations provide for treating all or any of the graduated contributions paid by a person in the tax year in which he attained pensionable age as having been paid before, or as having been paid after, the day on which he attained that age, whether or not the contribution in question was so paid.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(7)A person who has attained pensionable age and [F6has claimed], but is not entitled to a retirement pension, shall be treated for the purposes of the foregoing provisions of this section as receiving a retirement pension at a nominal weekly rate:
Provided that—
(a)this subsection shall not confer any right to graduated retirement benefit on a person who would be entitled to a retirement pension but for some provision of the Act or of regulations disqualifying him for receipt of it; and
(b)regulations may provide that any right by virtue of this subsection to benefit at less than a specified weekly rate shall be satisfied either altogether or for a specified period by the making of a single payment of the prescribed amount.
(8)In this section and in section 37 below—
“graduated contributions” means graduated contributions under the National Insurance Act 1965 or the M2National Insurance Act 1959;
“insured person” means insured person under the National Insurance Act 1965 or the M3National Insurance Act 1946;
“retirement pension” means retirement pension of any category;
“the Act” means the M4Social Security Act 1975;
and any reference in section 37 below to “section 36 of this Act” or to any of its subsections is a reference to that section or subsection as it is here set out.
(9)This section and section 37 below and the Act shall be construed and have effect as if this section and section 37 below were included in Chapter I of Part II or that Act (contributory benefits); and references to that Chapter, that Part of that Act in any other enactment or in any instrument shall be construed accordingly:
Provided that nothing in this subsection shall affect the construction of any reference to section 36 or 37 of this Act or of that Act or to any of the subsections of those sections; and any increase in the weekly rate of a person’s retirement pension, to the extent that it is attributable to subsection (4) of this section, shall be left out of account in determining the weekly rate of that pension for the purposes of sections 14(6) and 15(4) of the Act (rate of unemployment benefit, sickness benefit or invalidity pension for persons over pensionable age).
(10)The provisions of Part III of the Act (determination of claims and questions) relating to contributions shall be construed and have effect as if graduated contributions were contributions under the Act.]
Textual Amendments
F1Act repealed with saving by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. 1, Sch. 3 para. 7; and ss. 36, 37, 118(1) continued in force (with modifications) by S.I. 1978/393, regs. 2, 3, Schs. 1, 2
F2Words in s. 36(1) (as continued in force by S.I. 1978/393, Sch. 1) substituted (1.10.1989) by S.I. 1989/1642, regs. 1, 5(2)(a)(i)
F3S. 36(1) sum amended (12.4.1993) by S.I. 1993/349, arts. 1(2)(d), 11(1)
F4Words in s. 36(4) (as continued in force by S.I. 1978/393, Sch. 1) substituted (1.10.1989) by S.I. 1989/1642, regs. 1, 5(2)(a)(ii)
F5S. 36(6) repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. I
F6Words in s. 36(7) (as continued in force by S.I. 1978/393, Sch. 1) substituted (1.10.1989) by S.I. 1989/1642, regs. 1, 5(2)(a)(iii)
Modifications etc. (not altering text)
C1Power to amend ss. 36 and 37 conferred by Social Security Administration Act 1992 s. 150(11) (c. 5, SIF 113:1)
C2 Sum in s. 36(1) amended (as from 6.4.1992) by virtue of S.I. 1991/2910, art. 7(1)
C3S. 36(4): Power to replace s. 36(4) conferred (1.7.1992) by Social Security Contributions and Benefits Act 1992 (c. 4), ss. 62(1)(a), 177(4).
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