The Social Security (Credits) Amendment (No. 3) Regulations 1988

Statutory Instruments

1988 No. 1439

SOCIAL SECURITY

The Social Security (Credits) Amendment (No. 3) Regulations 1988

Made

11th August 1988

Laid before Parliament

12th August 1988

Coming into force

4th September 1988

The Secretary of State for Social Security, in exercise of the powers conferred by sections 13(4) and 166(2) and (3) of, and Schedule 20 to, the Social Security Act 1975(1) and of all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Credits) Amendment (No. 3) Regulations 1988 and shall come into force on 4th September 1988.

(2) In these Regulations, “the principal Regulations” means the Social Security (Credits) Regulations 1975(3).

Amendment to the principal Regulations

2.  In regulation 7 of the principal Regulations (credits for approved training) —

(a) in paragraph (1), the word “full-time” shall be omitted;

(b) for paragraph (2) there shall be substituted the following paragraph —

“(2) Paragraph (1) shall apply to a person only if —

(a) the course is —

(i) a course of full-time training; or

(ii) a course of training which he attends for not less than 15 hours in the week in question and he is a disabled person within the meaning of the Disabled Persons (Employment) Act 1944(4); or

(iii) a course of training introductory to a course to which paragraph (i) or (ii) above applies; and

(b) when the course began it was not intended to continue for more than 12 months or, if he was a disabled person within the meaning of the Disabled Persons (Employment) Act 1944 and the training was provided under the Employment and Training Act 1973(5), for such longer period as is reasonable in the cirumstances of his case; and

(c) he had attained the age of 18 before the beginning of the tax year in which the week in question began.”.

Saving

3.  In respect of any period before 4th September 1988 the provisions of the principal Regulations shall apply as if these Regulations had not come into force notwithstanding that entitlement to be credited with earnings or contributions for that period falls to be determined after 3rd September 1988.

Signed by authority of the Secretary of State for Social Security.

P.R.C. Lloyd

Parliamenary Under Secretary of State,

Department of Social Security

11th August 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Social Security (Credits) Regulations 1975 (“the principal Regulations”).

Regulation 2 amends regulation 7 of the principal Regulations (credits for approved training) by relaxing the conditions of entitlement to be credited with earnings by virtue of attendance at a course of training approved by the Secretary of State.

Regulation 3 contains savings.

(1)

1975 c. 14; section 13(4) was amended by the Social Security (No.2) Act 1980 (c. 39), section 7(6) and Schedule and the Social Security Act 1986 (c. 50), section 75 and Schedule 8, paragraph 2(3); Schedule 20 is cited because of the meaning ascribed to the word “Regulations”.

(2)

See Social Security Act 1980 (c. 30), section 10(2)(b).

(3)

S.I. 1975/556; relevant amending instruments are S.I. 1978/409, 1987/414.

(4)

1944 c. 10.

(5)

1973 c. 50.