National Insurance (Non-participation—Assurance of Equivalent Pension Benefits) Regulations 1960

Employment not treated as continuing during interruption U.K.

3.  A person's employer may, after the end of that person's period of service in a non-participating employment [F1 (or, if that is earlier, on or after the giving of a notice by that person and that employer under regulation 2(5))] and not later than the end of the assurance period, give the Minster notice in writing that he wishes the employment not to be treated, for the purpose of the provisions of Part II of the Act of 1959 relating to the making of a payment in lieu of contributions at the end of such a period of service, as having continued during such number of contribution weeks as may be specified in the notice, being contribution weeks during which it would, apart from this regulation, fall, under paragraph (3) of regulation 2, to be treated for that purpose as having continued, and, if such a notice is given, the employment shall not be so treated as having continued during those weeks:

Provided that—

(a) no such notice shall include any contribution weeks in a contribution year where the number of contribution weeks in that year during which the employment would so fall to be treated as having continued is three or less; and

(b) where that number of contribution weeks exceeds three, at least three of those weeks shall be excluded from the notice.

(bb) [F2 where a person's service does not fall wholly within which any one Part of Schedule 2 of these regulations is appropriate, the notice shall specify separately the number of contribution weeks included in it which fall in each such period.]

[F3 (c) where a person’s period of service in a non-participating employment would fall to be treated, for the purpose of the said provisions of Part II of the Act of 1959, as having come to an end but for the provisions of subsection (4) of section 9 of that Act (which subsection provides that, for the purpose of any liability to make a payment in lieu of contributions, two employments are in certain cases to be treated as a single continuous employment), the employer in the previous employment may give notice under this regulation not later than the end of the assurance period relating to that employment.]

Textual Amendments

F1 Words in reg. 3 inserted (6.1.1964) by The National Insurance (Non-participation-Assurance of Equivalent Pension Benefits) Amendment (No.2) Regulations 1963 (S.I. 1963/1988), regs. 1, 3

F2 Reg. 3(bb) inserted (6.1.1964) by The National Insurance (Consequential Provisions) Regulations 1963 (S.I. 1963/676), reg. 8

F3 Reg. 3(c) added (31.7.1961) by The National Insurance (Non-participation-Assurance of Equivalent Pension Benefits) Amendment Regulations, 1961 (S.I. 1961/1378), regs. 1, 2(2)

Modifications etc. (not altering text)

C1 Reg. 3 modified (6.4.1975) by The National Insurance (Non-participation—Transitional Provisions) Regulations 1974 (S.I. 1974/2057), reg. 1(1), Sch. 3