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Statutory Instruments
SOCIAL SECURITY
Made
24th March 1975
Laid before Parliament
26th March 1975
Coming into Operation
6th April 1975
The Secretary of State for Social Services, in exercise of the powers conferred upon her by section 128 of the Social Security Act 1975 and section 123 of the Social Security (Northern Ireland) Act 1975 and of all other powers enabling her in that behalf, without having referred any proposals on the matter to the National Insurance Advisory Committee since it appears to her that by reason of urgency it is inexpedient to do so, hereby makes the following regulations:—
Modifications etc. (not altering text)
C1Instrument applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(e)(iii)(3) (with reg. 3)
1.—(1) These regulations may be cited as the Social Security (Benefit) (Members of the Forces) Regulations 1975 and shall come into operation on 6th April 1975.
(2) In these regulations, unless the context otherwise requires—
“the Act” means
“the Northern Ireland Act” means
“serving member of the forces”
“discharge”
and other expressions, in the application of these regulations to Great Britain, have the same meanings as in the Act, and in the application of these regulations to Northern Ireland, have the same meanings as in the Northern Ireland Act.
(3) Any reference in these regulations to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modification.
(4) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply in relation to this instrument as if it were an Act of Parliament.
Textual Amendments
F1Words in reg. 1(2) substituted (30.7.2012) by The Social Security (Benefit) (Members of the Forces) (Amendment) Regulations 2012 (S.I. 2012/1656), regs. 1(2), 2(2)
Commencement Information
I1Reg. 1 in force at 6.4.1975, see reg. 1
2. [F2A person shall not be entitled to F3...[F4an employment and support allowance], sickness benefit, invalidity benefit or a severe disablement allowance] in respect of any day on which he is serving member of the forces, other than F5...
(a)a member of any territorial or reserve force mentioned in [F6Part 1 of Schedule 6 to the Social Security (Contributions) Regulations 2001] who is not undergoing training or instruction as such a member for a continuous period exceeding 72 consecutive hoursF7...
F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Words in reg. 2 and heading substituted (29.11.1984) by The Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303), regs. 1, 13
F3Words in reg. 2 omitted (30.7.2012) by virtue of The Social Security (Benefit) (Members of the Forces) (Amendment) Regulations 2012 (S.I. 2012/1656), regs. 1(2), 2(3)(a)
F4Words in reg. 2 inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 66
F5Words in reg. 2 omitted (30.7.2012) by virtue of The Social Security (Benefit) (Members of the Forces) (Amendment) Regulations 2012 (S.I. 2012/1656), regs. 1(2), 2(3)(b)
F6Words in reg. 2(a) substituted (30.7.2012) by The Social Security (Benefit) (Members of the Forces) (Amendment) Regulations 2012 (S.I. 2012/1656), regs. 1(2), 2(3)(c)
F7Word in reg. 2(a) omitted (30.7.2012) by virtue of The Social Security (Benefit) (Members of the Forces) (Amendment) Regulations 2012 (S.I. 2012/1656), regs. 1(2), 2(3)(d)
F8Reg. 2(b) omitted (30.7.2012) by virtue of The Social Security (Benefit) (Members of the Forces) (Amendment) Regulations 2012 (S.I. 2012/1656), regs. 1(2), 2(3)(d)
Modifications etc. (not altering text)
C2Words in reg. 2 modified (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 14(2); The references to unemployment benefit in the heading to this regulation is obsolete and replaced with jobeeker’s allowance as from 7.10.96
C3 Words in reg. 2 modified (13.4.95) by s. 13(2) of the S.S. (Incapacity for Work) Act 1995 (c. 18); provides that any reference to sickness benefit is to be construed as short-term incapacity benefit at the lower rate, and that any reference to invalidity benefit is to be construed as short-term incapacity benefit at the higher rate or long-term incapacity benefit.
Commencement Information
I2Reg. 2 in force at 6.4.1975, see reg. 1
3.—(1) Any person who, whilst a serving member of the forces, is dischargedF9... or otherwise dismissed in consequence of having been convicted on any proceedings under the [F10Armed Forces Act 2006], or by any civil court, [F11shall be treated for the purposes of [F12section 6J,] section 19 [F13or 20A] of the Jobseekers Act 1995 (circumstances in which a jobseeker’s allowance is not payable) [F14or section 26 of the Welfare Reform Act 2012 (higher-level sanctions)] [F15or Article 31 of the Welfare Reform (Northern Ireland) Order 2015 (higher level sanctions)] as though he has lost his employment through misconduct].
[F16(2) Section 19(6)(b) and (d) [F17or section 20A(2)(e) and (g)] of the Jobseekers Act 1995 (jobseeker’s allowance not payable where claimant has voluntarily left employment or neglected to avail himself of a reasonable opportunity of employment) shall not apply to a claimant who whilst a serving member of the forces is discharged at his own request.]
(3) For the purposes of any claim for [F18a jobseeker’s allowance] [F19or universal credit under Part 1 of the Welfare Reform Act 2012] [F20or under Part 2 of the Welfare Reform (Northern Ireland) Order 2015], a document purporting to be signed by a person authorised in that behalf by the Secretary of State certifying the fact that any person has been dischargedF21... or otherwise dismissed as mentioned in either of the foregoing paragraphs of this regulation and the date of the dischargeF21... or dismissal shall be conclusive evidence thereof, unless it is proved that the document was not signed by a person so authorised.
Textual Amendments
F9Word in reg. 3(1) omitted (31.10.2009) by virtue of The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 1(2), Sch. 1 para. 7(2) (with Sch. 2 para. 3)
F10Words in reg. 3(1) substituted (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 1(2), Sch. 1 para. 7(2) (with Sch. 2 para. 3)
F11Words in reg. 3(1) substituted (7.10.1996) by The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), regs. 1(2), 168(2)
F12Words in reg. 3(1) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 21(2)(a)(i)
F13Words in reg. 3(1) inserted (19.3.2001) by The Social Security (Joint Claims: Consequential Amendments) Regulations 2000 (S.I. 2000/1982), regs. 1, 6(a)
F14Words in reg. 3(1) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 21(2)(a)(ii)
F15Words in reg. 3(1) inserted (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 18(2)(a)
F16Reg. 3(2) substituted (7.10.1996) by The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), regs. 1(2), 168(3)
F17Words in reg. 3(2) inserted (19.3.2001) by The Social Security (Joint Claims: Consequential Amendments) Regulations 2000 (S.I. 2000/1982), regs. 1, 6(b)
F18Words in reg. 3(3) substituted (7.10.1996) by The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), regs. 1(2), 168(4)
F19Words in reg. 3(3) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 21(2)(b)
F20Words in reg. 3(3) inserted (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 18(2)(b)
F21Words in reg. 3(3) omitted (31.10.2009) by virtue of The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 1(2), Sch. 1 para. 7(3)
Modifications etc. (not altering text)
C4Words in reg. 3 modified (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 14(2); The references to unemployment benefit in the heading to this regulation is obsolete and replaced with jobeeker’s allowance as from 7.10.96
Commencement Information
I3Reg. 3 in force at 6.4.1975, see reg. 1
4.—(1) A woman shall not be disentitled to a maternity grant by reason of confinement outside Great Britain or Northern Ireland, as the case may be, if at the date of the confinement or within the period of 13 weeks ending on that date she is or was a serving member of the forces other than such a person as is mentioned in paragraphs (a) and (b) of regulation 2 above, and any such woman shall, in addition, not be disqualified for receiving any such benefit by reason of her being absent from Great Britain or Northern Ireland, as the case may be.
(2) A woman shall not be disqualified for receiving maternity allowance by reason of her being absent from Great Britain or Northern Ireland, as the case may be, if she is a serving member of the forces other than such a person as is mentioned in paragraphs (a) and (b) of regulation 2 above, or, when so absent, for any period within 26 weeks next after she has ceased to be such a member.
Modifications etc. (not altering text)
C5Maternity grant was abolished (6.4.87) by s.38 of the S.S. Act 1986 (c. 50).
Commencement Information
I4Reg. 4 in force at 6.4.1975, see reg. 1
5. In relation to any person who is serving member of the forces other than such a person as is mentioned in paragraphs (a) and (b) of regulation 2 above, the provisions relating to benefits (other than industrial injuries benefit) of the Act and regulations made under it, [F22or of the Jobseekers Act 1995 and regulations made under it,] [F23or Part 1 of the Welfare Reform Act 2012 and regulations made under it,] [F24or of Part 2 of the Welfare Reform (Northern Ireland) Order 2015 and regulations made under it,] or of the Northern Ireland Act and regulations made under it, as the case may be, shall apply with this modification, that where he is, on account of his being at sea or outside the United Kingdom by reason of his employment as a serving member of the forces, unable to perform an act required to be done either forthwith or on the happening of a certain event or within a specified time, he shall be deemed to have complied therewith if he performs the act as soon as is reasonably practicable, although after the happening of the event or the expiration of the specified time.
Textual Amendments
F22Words in reg. 5 inserted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 14(3)
F23Words in reg. 5 inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 21(3)
F24Words in reg. 5 inserted (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 18(3)
Commencement Information
I5Reg. 5 in force at 6.4.1975, see reg. 1
6. Every contribution paid under the Act by a serving member of the forces shall have effect, in relation to a claim for benefit duly made under the Northern Ireland Act, as if duly paid under the Northern Ireland Act.
Commencement Information
I6Reg. 6 in force at 6.4.1975, see reg. 1
Barbara Castle
Secretary of State for Social Services
These Regulations modify the provisions relating to benefit of the Social Security Act 1975 and the Social Security (Northern Ireland) Act 1975 in their application to persons who are, or are treated as being, serving members of Her Majesty's forces, and provide that such persons are not entitled to, or are disqualified for receiving, certain benefits in specified circumstances. They provide for certain women who are serving members of the forces not to be disentitled to maternity benefit through being outside Great Britain or Northern Ireland, as the case may be. They also provide for contributions paid under the Social Security Act 1975 in certain cases to have effect for the purposes of the Social Security (Northern Ireland) Act 1975 as if paid under the latter Act.