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National Insurance Act 1965

Status:

This is the original version (as it was originally enacted).

Application to special classes of persons

98Crown service

This Act shall apply to persons employed by or under the Crown, subject to any special provision made by or by virtue of any other section thereof, in like manner as if the employer were a private person, with such modifications as may be made therein by Order in Council for the purpose of adapting the provisions of this Act to the case of such persons.

99Members of forces

(1)Subject to any prescribed exceptions, any person who, being over school leaving age and under pensionable age, is serving as a member of any of the regular naval, military or air forces of the Crown shall, notwithstanding that he does not fulfil the conditions of section 1 of this Act, be an insured person, and any such person while he is serving as aforesaid shall, in respect of his membership of those forces, be an employed person.

(2)Without prejudice to the generality of any other power to make regulations, the Minister may make regulations modifying in such manner, subject to the foregoing provisions of this section, as he thinks proper the provisions of this Act in their application in relation to persons who are or have been members of any of Her Majesty's forces.

(3)Without prejudice to the generality of subsection (2) of this section, regulations thereunder may in particular provide—

(a)for the application of subsection (1) of this section in relation to any other of Her Majesty's forces in like manner as it applies in relation to the regular naval, military and air forces of the Crown;

(b)for disregarding for the purposes of this Act employment as a member of Her Majesty's forces where the said subsection (1) does not apply;

(c)in the case of persons who are employed persons in respect of their membership of Her Majesty's forces, for reducing the rate of the contributions as an employed person and as employer and of the Exchequer supplement to those contributions, and for determining—

(i)the amounts payable on account of those contributions by the Secretary of State and the time and manner of payment; and

(ii)the deductions to be made on account of those contributions from the pay of those persons;

(d)for preventing a person who is discharged from any of Her Majesty's forces at his own request from being by reason thereof disqualified for receiving unemployment benefit on the ground that he has voluntarily left his employment without just cause.

(4)For the purposes of subsections (2) and (3) of this section, any prescribed organisation in which persons serve under the control of the Defence Council shall be deemed to form part of Her Majesty's forces.

100Mariners and airmen

(1)Without prejudice to the generality of any other power to make regulations, the Minister may make regulations modifying in such manner as he thinks proper the provisions of this Act in their application in relation to persons who are or have been employed on board any ship, vessel or aircraft.

(2)Without prejudice to the generality of subsection (1) of this section, regulations thereunder may in particular provide—

(a)for the insurance under this Act of persons who are, or have at any time after 4th July 1948 been, employed on board ships, vessels or aircraft, notwithstanding that they do not fulfil the conditions of section 1 of this Act;

(b)for excepting from insurance by virtue of the said section 1, or from liability to pay contributions as insured persons, any persons employed as aforesaid who neither are domiciled nor have a place of residence in the United Kingdom ;

(c)for requiring payment of employers' contributions in respect of persons employed as aforesaid, whether or not they are insured persons or employed persons ;

(d)for the taking of evidence, for the purpose of any claim to benefit—

(i)in any country which is, or which at the date when regulations with respect to that country were first made under this section or section 58 of the Act of 1946 was, part of Her Majesty's dominions, before a judge or magistrate or by a superintendent within the meaning of the Merchant Shipping Act 1894;

(ii)in any other country, by a British consular officer;

(e)for enabling persons employed on board ships, vessels or aircraft to authorise the payment of the whole or any part of any benefit to which they are or may become entitled to such of their dependants as may be prescribed.

(3)The contribution, if any, payable by an employer—

(a)by way of a contribution under section 3(b) of this Act in respect of a person employed on board a ship or vessel for any week for which that person is by virtue of this section excepted from liability to pay contributions as an insured person; or

(b)by way of graduated contribution in respect of the remuneration of a person employed as aforesaid in respect of which that person is by virtue of this section excepted from liability to pay such a contribution as an employed person; or

(c)by virtue of this section in respect of a person employed as aforesaid who is not an employed person,

shall not be taken into account for the purpose of estimating the contributions to be paid out of moneys provided by Parliament, and shall be administered and applied in such manner and for such purposes as may be prescribed.

101Persons employed in connection with exploitation or exploration of continental shelf

The Minister may by regulations make provision for modifying the provisions of this Act in their application in relation to persons in any prescribed employment (whether under a contract of service or not) in connection with the exploitation of the resources mentioned in section 1(1) of the Continental Shelf Act 1964 or with the exploration of the sea bed and subsoil in any area designated under section 1(7) of that Act, and in particular, but without prejudice to the generality of this section, for the insurance under this Act of persons in such employment notwithstanding that they do not fulfil the conditions of section 1 of this Act.

102Married women

(1)Without prejudice to the generality of any other power to make regulations, the Minister may make regulations modifying in such manner, subject to the following provisions of this section, as he thinks proper the provisions of this Act in their application in relation to married women, and in relation to women who have been married:

Provided that, save as expressly authorised by the following provisions of this section, regulations thereunder shall not modify any provision of this Act which has any special application in relation to a married woman or widow as such.

(2)Regulations under this section shall provide, subject to any prescribed conditions and exceptions, for excepting a woman, if she so elects or if she does not elect otherwise (as may be provided by the regulations) from liability to pay contributions under section 3 of this Act as an insured person for any period during which she is married.

(3)Without prejudice to the generality of subsection (1) of this section, regulations thereunder may in particular provide—

(a)for making it a condition for the receipt of benefit by a woman, or in respect of her insurance, that she shall have been an insured person at such time, or during such period, as may be prescribed;

(b)for determining the manner in which references to entry into insurance are to be construed in relation to a woman who has been an insured person for two or more distinct periods;

(c)for modifying in relation to a widow, in such circumstances as may be prescribed, the provisions of this Act with respect to entitlement to unemployment benefit and sickness benefit.

103Insured persons outside Great Britain

(1)Without prejudice to the generality of any other power to make regulations, the Minister may make regulations modifying in such manner, subject to subsection (2) of this section, as he thinks proper the provisions of this Act in their application in relation to persons who are or have been outside Great Britain while insured under this Act.

(2)Regulations under this section shall provide that, where an insured person is throughout any contribution week outside Great Britain and is not in that week an employed person, he shall not be liable to pay any contribution as an insured person for that week.

(3)Without prejudice to the generality of subsection (1) of this section, regulations thereunder may in particular make provision for entitling a person to pay a contribution as a non-employed person, or, if the regulations so provide, as a self-employed person, for any week for which by virtue of subsection (2) of this section he is not liable to pay a contribution as an insured person.

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