The Social Security (Credits) Regulations 1975

Transitional provisions

10.— [F1 (1) Subject to paragraph (3), where—

(a) a person's entitlement to unemployment benefit, sickness benefit or maternity grant falls to be determined by reference to the contribution conditions contained in the 1965 Act; and

(b) the last complete contribution year for the purposes of those conditions for the contributor concerned is—

(i) the year in which he attained the age of 17 or any previous year; or

(ii) a year after the year in which he attained that age but which is not later than the year in which he entered insurance under that Act;

he shall be credited with such number of contributions of the appropriate class under that Act as will enable him to satisfy the condition in paragraph 1(b) or, as the case may be, 2(b) of Schedule 2 to that Act.

(2) Paragraph (1) shall not apply in relation to—

(a) unemployment benefit or sickness benefit for any day which is part of a continuous period for each day of which he was entitled to unemployment benefit or as the case may be sickness benefit which commenced on or before 5th April 1975 and for this purpose Sunday, or the day substituted for Sunday in his case, shall be disregarded;

(b) maternity grant where the expected week of confinement commenced before 23rd June 1975.

(3) Where—

(a) a woman's entitlement to maternity allowance falls to be determined by reference to the contribution conditions in the 1965 Act;

(b) the maternity allowance period for the purposes of section 22 commenced on or after 6th April 1975; and

(c) the period to be taken into account for the purposes of the contribution conditions—

(i) terminated not later than the day on which she attained the age of 17; or

(ii) terminated after that day and included the date on which she first entered insurance or fell wholly before that date;

she shall be credited with such number of contributions of the appropriate class under that Act as will enable her to satisfy the contribution conditions in paragraph 3 of Schedule 2 to that Act.

(4) Contributions paid under the 1975 Act shall be taken into account for the purposes of paragraph (5)(a)(ii) of regulation 10 and of regulation 15(3) of the National Insurance (Contributions) Regulations 1969, as amended.

(5) The provisions of the said paragraph (5) shall apply for the purposes of maternity allowance as they apply for the purposes of sickness benefit.

(6) Where a person is entitled to credits by virtue of sub-paragraph (b) of paragraph (4) of the said regulation 10 and the course of training to which that sub-paragraph refers continues after 5th April 1975, he shall be entitled to a Class 1 credit for each week in any part of which the course continued; so however that the foregoing provisions of this paragraph 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 130(2) had effect.

(7) In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—

(a) where the course began in the tax year commencing on 6th April 1975, he had paid or been credited with 104 contributions under the 1965 Act as an employed or self-employed person in the period beginning with the first day of the first contribution year relevant to him under the 1965 Act which commenced after 1st June 1971 and ending with 5th April 1975;

(b) where the course began in the tax year commencing on 6th April 1976, he had paid or been credited with 104 contributions under the 1965 Act as an employed or self-employed person in the period beginning with the first day of the first contribution year relevant to him under the 1965 Act which commenced after 1st June 1972 and ending with 5th April 1976;

(c) where the course began in the tax year commencing on 6th April 1977, he had paid or been credited with 104 contributions under the 1965 Act as an employed or self-employed person in the period beginning with the first day of the first contribution year relevant to him under the 1965 Act which commenced after 1st June 1973 and ending with 5th April 1977,

and for the purposes of sub-paragraph (b) and (c) of this paragraph contributions paid by or credited to him under the 1975 Act shall be taken into account.

(8) Where—

(a) a person's education, apprenticeship or training to which paragraph (3) of regulation 10 of the National Insurance (Contributions) Regulations 1969 applied had not terminated before 6th April 1975;

(b) he had paid or been credited with the 104 contributions mentioned in that paragraph;

for the purposes of his entitlement to unemployment benefit or sickness benefit he shall for the relevant past year be entitled to such number of Class 1 credits in respect of a week which equals the number of Class 3 contributions he paid in respect of that year so however that this paragraph shall not apply to any relevant past year after the year in which the education, apprenticeship or training terminated.

(9) Where any contributions paid by or as the case may be credited to a person under the 1975 Act are to be taken into account under paragraph (4), (5) or (7) they shall be taken as such number of contributions of the appropriate class as results from dividing the earnings factor derived from contributions of the relevant class paid by or as the case may be credited to him under the 1975 Act in any year or part of a year before the relevant time by the lower earnings limit for that year, and if that is not a whole number any fraction shall be disregarded.

(10) In this regulation—

(a) “the 1965 Act” means the National Insurance Act 1965;

(b) “the 1975 Act” means the Social Security Act 1975.]

Textual Amendments

F1 Reg. 10 revoked (6.4.1987) by The Social Security (Credits) Amendment Regulations 1987 (S.I. 1987/414), regs. 1(1), 10 (with reg. 11)