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National Insurance Act 1965

Status:

This is the original version (as it was originally enacted).

Schedule 1Rates of Flat-Rate Contributions

Part I

Employed Persons

Description of employed person

1

Weekly Rate of Contribution

Unless by virtue of a non-participating employment

2

If by virtue of a non-participating employment

3

s.d.s.d.

Men between the ages of 18 and 70 (other than men over the age of 65 who have retired from regular employment)—

Earning remuneration at a weekly rate exceeding £5

102 ½127 ½
Earning remuneration at a weekly rate of £5 or less511 ½72 ½

Women between the ages of 18 and 65 (other than women over the age of 60 who have retired from regular employment)—

Earning remuneration at a weekly rate exceeding £5

810 ½104 ½
Earning remuneration at a weekly rate of £5 or less51 ½510 ½
Boys under the age of 1872 ½
Girls under the age of 18510 ½

For the purposes of this Part and Part II of this Schedule a person shall be deemed to be earning remuneration at a weekly rate of £5 or less if, but only if, his remuneration does not include the provision of board and lodging by the employer and the rate of the remuneration neither exceeds, nor is deemed in accordance with regulations made under section 114(5) of this Act to exceed, £5 a week, and to be earning remuneration at a weekly rate exceeding £5 in any other case.

Part II

Employers

Description of employed person

1

Weekly Rate of Contribution

Unless by virtue of a non-participating employment

2

If by virtue of a non-participating employment

3

s.d.s.d.

Men over the age of 18—

Earning remuneration at a weekly rate exceeding £5 or not being liable to pay a contribution as an employed person

115 ½1310 ½
Earning remuneration at a weekly rate of £5 or less and being liable to pay a contribution as an employed person158 ½193 ½

Women over the age of 18—

Earning remuneration at a weekly rate exceeding £5 or not being liable to pay a contribution as an employed person

911 ½115 ½
Earning remuneration at a weekly rate of £5 or less and being liable to pay a contribution as an employed person138 ½1511 ½
Boys under the age of 18711 ½
Girls under the age of 1866 ½

For the purposes of this Part of this Schedule a person over pensionable age, not being an insured person, shall be treated as an employed person if he would be an insured person were he under pensionable age and would be an employed person were he an insured person.

Part III

Self-Employed Persons

Description of self-employed person 1Weekly Rate of Contribution 2
s.d.
Men between the ages of 18 and 70 (other than men over the age of 65 who have retired from regular employment)1510
Women between the ages of 18 and 65 (other than women over the age of 60 who have retired from regular employment)132
Boys under the age of 1890
Girls under the age of 1876

Part IV

Non-Employed Persons

Description of non-employed person 1Weekly Rate of Contribution 2
s.d.
Men between the ages of 18 and 65121
Women between the ages of 18 and 6095
Boys under the age of 18611
Girls under the age of 1854

Schedule 2Contribution Conditions

Unemployment benefit and sickness benefit

1The contribution conditions for unemployment benefit or for sickness benefit are that—

(a)not less than twenty-six contributions of the appropriate class have been paid by the claimant in respect of the period between his entry into insurance and the day for which the benefit is claimed; and

(b)not less than fifty contributions of the appropriate class or their equivalent have been paid by or credited to him in respect of the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed.

Maternity grant

2(1)The contribution conditions for a maternity grant are—

(a)that not less than twenty-six contributions of the appropriate class have been paid by the relevant person in respect of the period beginning with that person's entry into insurance and ending immediately before the relevant time; and

(b)that not less than twenty-six such contributions have been paid by or credited to that person in respect of the last complete contribution year before the beginning of the benefit year comprising the relevant time.

(2)In this paragraph—

(a)the expression " relevant person " means the person by whom the conditions are to be satisfied;

(b)the expression " relevant time " means the date of the confinement, or, where the relevant person is the husband and he was dead or over pensionable age on that date, the date of his attaining pensionable age or dying under that age;

(c)references to a contribution year and to a benefit year are references to periods which are respectively a contribution year and a benefit year in relation to the relevant person.

Maternity allowance

3(1)The contribution conditions for a maternity allowance are that—

(a)not less than fifty contributions of the appropriate class or their equivalent have been paid by or credited to the claimant in respect of the fifty-two weeks immediately preceding the thirteenth week before the expected week of confinement (as defined for the purposes of section 24 of this Act); and

(b)of those contributions not less than twenty-six are contributions of the appropriate class actually, paid.

(2)For the purposes of this paragraph a woman shall not be credited with contributions by virtue of regulations made under section 102 of this Act.

Widow's benefit, retirement pension and child's special allowance

4(1)The contribution conditions for widow's benefit, a retirement pension or a child's special allowance are that—

(a)not less than one hundred and fifty-six contributions of the appropriate class have been paid by the relevant person in respect of the period between that person's entry into insurance and the relevant time; and

(b)the yearly average of the contributions paid by or credited to that person (ascertained as at the relevant time) is not less than fifty.

(2)In this paragraph—

(a)the expression " relevant person " means the person by whom the conditions are to be satisfied;

(b)the expression " relevant time " means the date of the relevant person attaining pensionable age or dying under that age.

Death grant

5(1)The contribution conditions for death grant are that—

(a)not less than twenty-six contributions of the appropriate class have been paid by or credited to the relevant person in respect of the period between 5th July 1948 and the relevant time; and

(b)either—

(i)not less than forty-five such contributions have been paid by or credited to that person in respect of the last complete contribution year before the relevant time; or

(ii)the yearly average of the contributions paid by or credited to that person (ascertained as at the relevant time) is not less than forty-five.

(2)No regulations under Part VI of this Act shall provide for taking into account for the purposes of death grant any contributions paid or treated as paid under the enactments repealed by the Act of 1946.

(3)In this paragraph—

(a)the expression " relevant person " means the person by whom the conditions are to be satisfied;

(b)the expression " relevant time " means the date of the deceased's death or, where immediately before that date the relevant person was dead or over pensionable age, the date of that person attaining pensionable age or dying under that age.

Schedule 3Rates of Periodical Benefits and of Increases for Dependants

1

Description of Benefit

2

Weekly rate

3

Increase for only, elder or eldest qualifying child

4

Increase for

second qualifying child

5

Increase for each additional qualifying child

6

Increase for adult dependant (where payable)

£s.d.£s.d.£s.d.£s.d.£s.d.

1. Unemployment or sickness benefit under s. 19(2)—

(a) in the case of a person over the age of 18, not being a married woman

4001261461462100

(b) in the case of a person under the age of 18, not being a married woman—

(i) during any period during which that person is entitled to an increase of benefit in respect of a child of adult dependant

4001261461462100
(ii) during any other period......256_

(c) in the case of a married woman over the age of 18—

(i) during any period during which she is entitled to an increase of benefit in respect of her husband, or during which she is not residing with her husband nor is he contributing to her maintenance at not less than the relevant rate ......

4001261461462100
(ii) during any other period......21501261461462100

(d) in the case of a married woman under the age of 18—

(i) during any period during which she is entitled to an increase of benefit in respect of her husband, or during which she is entitled to an increase of benefit in respect of a child or an adult dependant other than her husband and she is not residing with her husband nor is he contributing to her maintenance at not less than the relevant rate

4001261461462100
(ii) during any other period during which she is entitled to an increase of benefit in respect of a child or adult dependant21501261461462100
(iii) during any other period ...256___
2. Unemployment or sickness benefit at a weekly rate determined under s. 19(3)1261461462100
3. Maternity allowance4001261461462100
4. Widow's allowance512620011201100
5. Widowed mother's allowance40020011201100_
6. Widow's pension400
7. Guardian's allowance.200

8. Retirement pension—

(a) where the pension is payable to a woman by virtue of her husband's insurance and he is alive

2100126146146
(b) in any other case4001261461462100
9. Quid's special allowance20011201100

1In paragraphs 1(c)(i) and 1(d)(i) of this Schedule "the relevant rate " means a weekly rate equal to the difference under this Schedule between the rates of benefit applying if the husband is, and if he is not, contributing to the wife's maintenance at not less than the relevant rate.

2In paragraph 2 of this Schedule, column 6 shall have effect subject to section 43(3)(b) of this Act.

Schedule 4Amounts of Grants

Description of GrantAmount
£s.d.
1. Maternity grant.2200

2. Death grant, where the person in respect of whose death the grant is paid was at his death—

(a) under the age of 3 .

7100
(b) between the ages of 3 and 6.12100
(c) between the ages of 6 and 1818150

(d) over the age of 18—

(i) if on 5th July 1948 that person had attained the age of 55 in the case of a man or 50 in the case of a woman.

12100
(ii) in any other case.2500

Schedule 5Statutory Superannuation Schemes for which Special Provision is made

Pension enactmentsAppropriate Minister
1. The Teachers Superannuation Acts 1918 to 1956.The Secretary of State for Education and Science.
2. Section 102 of the Education (Scotland) Act 1962.The Secretary of State for Scotland.
3. The Local Government Superannuation Acts 1937 to 1953.The Minister of Housing and Local Government.
4. The Local Government Superannuation (Scotland) Acts 1937 to 1953.The Secretary of State for Scotland.
5. Section 67 of the National Health Service Act 1946.The Minister of Health.
6. Section 66 of the National Health Service (Scotland) Act 1947.The Secretary of State for Scotland.
7. Section 26 of the Fire Services Act 1947, in its application to England and Wales.The Secretary of State for the Home Department.
8. Section 26 of the Fire Services Act 1947, in its application to Scotland.The Secretary of State for Scotland.
9. The Police Pensions Act 1948, in its application to England and Wales.The Secretary of State for the Home Department.
10. The Police Pensions Act 1948, in its application to Scotland.The Secretary of State for Scotland.

Schedule 6Scale of Superannuation Allowances of Commissioner and Deputy Commissioners

When the number of completed years of service is as specified in the first column of the following table, the annual allowance shall not exceed the fraction of the last annual salary respectively specified in the second columns of that table :—

Years of serviceFraction of salary
Less than 5Six-fortieths
5Ten-fortieths
6Eleven-fortieths
7Twelve-fortieths
8Thirteen-fortieths
9Fourteen-fortieths
10Fifteen-fortieths
11Sixteen-fortieths
12Seventeen-fortieths
13Eighteen-fortieths
14Nineteen-fortieths
15 or moreTwenty-fortieths

Schedule 7Set-off of Overpayments

1(1)Where a person has received on account of benefit or a family allowance sums to which, by virtue of any provision of, or of regulations under, this Act or the Industrial Injuries Act or by virtue of section 11(6) of the Family Allowances Act, he was disentitled by reason of his being entitled by virtue of a subsequent award to other benefit or, as the case may be, to guardian's allowance under section 29 of this Act, then, except in so far as regulations otherwise provide, the decision making that subsequent award shall direct that those sums shall be treated as having been paid on account of the benefit thereby awarded.

(2)Where on review or appeal a decision awarding a person benefit is revised, or is reversed or varied, but he retains any sums paid in pursuance of the original decision which would not have been payable if the decision on the review or appeal had been given in the first instance, then, except in so far as regulations otherwise provide, any decision awarding him other benefit or a family allowance, being a benefit or allowance to which a right to any of those sums would by virtue of any such provision as aforesaid or of the said section 11(6) have disentitled him, shall direct that that sum, up to the amount of the other benefit or allowance to which he would by his right to that sum have been so disentitled, shall be treated as having been paid on account of the other benefit or allowance.

(3)Where a sum paid on account of any benefit or of a family allowance is by virtue of this paragraph or any other enactment to be treated as having been paid on account of other benefit or such an allowance, it shall be so treated for all purposes, including the subsequent operation in relation to it of this paragraph or any other enactment relating to benefit or family allowance overpaid.

(4)For the purposes of this paragraph—

(a)a person shall be treated as retaining any sum which has been received by him and not repaid, except that he shall not be treated as retaining a sum if under any other enactment a direction has been given for it to be repaid ;

(b)in the case of sums paid by way of benefit under this Act in respect of a child of the family of a man and his wife living together or on account of a family allowance for such a family, the man shall be treated as having received any sum which, if properly paid, would have been receivable by him, and the wife any sum which, if properly paid, would have been receivable by her.

2Regulations may provide for treating benefit paid to one person in respect of another as being a child of the family, or the wife or husband, or an adult dependant, of the first-mentioned person as having been properly paid for any period notwithstanding that under regulations relating to overlapping benefits it is not payable for that period by reason of a subsequent decision either—

(a)that the said other person is himself entitled to benefit for that period ; or

(b)that a third person is entitled to benefit for that period in respect of the said other person in priority to the first-mentioned person,

and for reducing or withholding accordingly any arrears payable for that period by virtue of the subsequent decision.

3In this Schedule, the expression " benefit" means benefit either under this Act or under the Industrial Injuries Act; and in paragraph 1 of this Schedule any reference to a decision awarding benefit or a family allowance includes a decision making any benefit or family allowance payable at a higher rate.

Schedule 8Constitution etc. of National Insurance Advisory Committee

1The National Insurance Advisory Committee (in this Schedule referred to as " the Committee") shall consist of a chairman appointed by the Minister and not less than four nor more than eight other members so appointed, and at least one member of the Committee shall be a woman.

2The chairman and other members shall hold office for a period which, in the case of each of the members first appointed and of any member appointed to fill a casual vacancy, shall be of such duration not exceeding five years as may be determined by the Minister, and in the case of all other members shall be a period of five years :

Provided that any member may by notice in writing to the Minister resign office at any time and shall be eligible for re-appointment from time to time on or after the expiration of his term of office.

3Of the said members, other than the chairman, there shall be appointed—

(a)one after consultation with organisations representative of employers;

(b)one after consultation with organisations representative of workers ;

(c)one after consultation with friendly societies or organizations representative of friendly societies ; and

(d)if and when reciprocal arrangements with the appropriate Northern Irish authority are in force under this Act, one after consultation with that authority.

4If a member becomes, in the opinion of the Minister, unfit to continue in office or incapable of performing his duties, the Minister shall forthwith declare his office to be vacant and shall notify the fact in such manner as he thinks fit, and thereupon the office shall become vacant.

5The Minister shall appoint a secretary to the Committee, and may appoint such other officers and such servants to the Committee, and there shall be paid to them such salaries and allowances, as the Minister may with the consent of the Treasury determine.

6The expenses of the Committee to such an amount as may be approved by the Treasury (including such salaries or other remuneration paid to all or any of the members as the Minister with the consent of the Treasury may determine and including salaries and allowances payable under paragraph 5 of this Schedule) shall be paid by the Minister.

7There may be paid as part of the expenses of the Committee to persons attending its meetings at the request of the Committee such travelling and other allowances (including compensation for loss of remunerative time) as the Minister may, with the consent of the Treasury, determine.

8The Committee may act notwithstanding any vacancy among the members of the Committee.

9The Committee may make rules for regulating the procedure (including the quorum) of the Committee.

Schedule 9Documents Exempt from Stamp Duty

1Draft or order or receipt given in respect of benefit payable under this Act or under any supplementary scheme, or in respect of any sums payable to the body charged with the administration of a supplementary scheme.

2Letter or power of attorney granted by any person as trustee for the transfer of any money vested in his name in the public funds or in any other securities and forming part of any funds applicable for the purpose of any supplementary scheme.

3Agreement, bond or other security made or given for the purpose of, or in connection with, any supplementary scheme.

4Appointment or revocation of appointment of an agent, appointment of a new trustee, and any conveyance or transfer made for effectuating the appointment of a new trustee, and any other document authorised by or in pursuance of this Act or of any supplementary scheme or otherwise required in order to give effect to the provisions of this Act.

5Receipt given in respect of a refund or return of contributions.

Schedule 10Constitution, etc., of Joint Authority

1The Joint Authority shall be a body corporate by the name of the National Insurance Joint Authority, and shall have an official seal which shall be officially and judicially noticed, and the seal of the Authority may be authenticated by either member of, or the secretary to, the Authority, or by any person authorised by the Authority to act on behalf of the secretary.

2Either member of the Joint Authority shall be entitled, subject to and in accordance with any rules laid down by the Authority, to appoint a deputy to act for him at meetings of the Authority at which he is unable to be present.

3The Documentary Evidence Act 1868 shall apply to the Joint Authority as if that Authority were included in the first column of the Schedule to the said Act, and as if either member or the secretary, or any person authorised to act on behalf of the secretary, of the Authority were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any document issued by the Authority.

Schedule 11Transitory Provisions

Special savings

1(1)Where this Schedule provides that any provision shall be specially saved, then, notwithstanding that the provision in question is repealed by the Consequential Repeals Act and is not re-enacted in this Act, any regulations made under that provision and in force immediately before the commencement of this Act shall continue in force in like manner, subject to the like power of variation or revocation, as if that provision had been so re-enacted.

(2)Any regulations having effect immediately before the commencement of this Act by virtue only of the proviso to section 6(4) of the National Insurance Act 1960 shall continue to have effect as if that proviso had not been repealed by the Consequential Repeals Act.

Widow's pension

2(1)Notwithstanding that neither the conditions specified in subsection (2) nor those specified in subsection (3) of section 28 of this Act are satisfied, a widow shall be entitled to a widow's pension in a case where she would have been so entitled if subsection (1)(b) of that section, instead of referring to the conditions specified in the said subsection (3), had referred either—

(a)to the conditions specified in sub-paragraph (2) of this paragraph; or

(b)to the conditions specified in sub-paragraph (3) of this paragraph ; or

(c)to the conditions specified in sub-paragraph (4) of this paragraph.

(2)The conditions referred to in sub-paragraph (1)(a) of this paragraph are—

(a)that during her widowhood, and at a date within the period beginning with 5th July 1948 and ending with 4th July 1956, the widow had a family which included a child who either was at the husband's death a child of his family or was a son or daughter of theirs ; and

(b)that at a subsequent date during that period the widow ceased to have such a family at a time when—

(i)she was over the age of forty but under pensionable age ; and

(ii)three years had elapsed since the date of her marriage to the husband.

(3)The conditions referred to in sub-paragraph (1)(b) of this paragraph are—

(a)that during her widowhood, and at a date within the period beginning with 5th July 1956 and ending with 26th February 1964, the widow either—

(i)had a family which included a child who fell within paragraph (a), (b) or (c) of section 27(2) of this Act and who, if included in the widow's family only by virtue of her contributing to the cost of providing for the child, was so included by virtue of her so contributing at a weekly rate not less than the difference between the two weekly rates of widowed mother's allowance as set out in the second column of Part I of Schedule 2 to the Act of 1946 as in force at that date ; or

(ii)while not having such a family, satisfied the requirements of section 27(1)(b) of this Act with the substitution in the said section 27(1)(b) for the reference to the age of nineteen years of a reference to the age of eighteen years; or

(iii)satisfied the requirements of section 27(1)(c) of this Act; and

(b)that at a subsequent date during that period the widow ceased to satisfy the condition specified in paragraph (a) of this sub-paragraph at a time when—

(i)subject to paragraph 3 of this Schedule, she was over the age of fifty ; and

(ii)either she was under pensionable age or, if that time was after 4th August 1957, being over pensionable age, she had not retired from regular employment; and

(iii)three years had elapsed since the date of her marriage to the husband.

(4)The conditions referred to in sub-paragraph (1)(c) of this paragraph are—

(a)that during her widowhood, and at a date within the period beginning with 27th February 1964 and ending with 20th December 1964, the widow satisfied the requirements of section 27(1)(a), (b) or (c) of this Act; and

(b)that at a subsequent date during that period the widow ceased to satisfy the requirements aforesaid at a time when the requirements of sub-paragraph (3)(b)(i), (ii) and (iii) of this paragraph were satisfied.

(5)Subsection (5) of section 28 of this Act shall apply for the purposes of this paragraph as if references in the said subsection (5) to that section or to subsection (2)(a) or (3)(b) thereof included references respectively to this paragraph or to sub-paragraphs 2(b)(ii) or 3(b)(iii) thereof.

3In the case of a widow whose husband or, if she has been married more than once, whose last husband died before 4th February 1957, section 28(3)(a) of this Act and paragraph 2(3)(b)(i) of this Schedule shall each have effect as if for the word "fifty" there were substituted the word

forty.

4(1)Section 18(3) of the Act of 1946 (by virtue of which a widow who would otherwise have ceased to be entitled to widow's benefit at a time when incapable of self-support by reason of infirmity may be granted a widow's pension), so far as it applies to a widow so ceasing before 7th January 1957, shall be specially saved ; and where a widow entitled to a widow's pension by virtue of the said section 18(3) ceases to be so entitled at a time when—

(a)she is over the age of fifty ; and

(b)three years have elapsed since the date of the marriage in respect of which the pension is payable,

she shall for any subsequent period have the same right, if any, to a widow's pension in respect of that marriage as if the conditions specified in section 28(2) of this Act were satisfied.

(2)Where a widow has been married more than once, regulations may relax, for the purpose of her right to a widow's pension in respect of her last marriage, the condition contained in sub-paragraph (1)(b) of this paragraph.

Women's retirement pensions

5(1)If in the case of any woman—

(a)her husband died, and she attained pensionable age, before 5th August 1957 and she was immediately before attaining that age entitled to widow's benefit in respect of his death ;

(b)her husband died, and she attained pensionable age, before 21st August 1956 and she would, immediately before attaining that age, have been entitled if section 28 of this Act had then been in force to a widow's pension in respect of his death,

section 32 of this Act shall have effect in relation to that woman as if subsection (1)(a) of that section were omitted ; but a woman whose husband died, and who remarried, before 5th August 1957 shall not be entitled to payment of a retirement pension by virtue of that husband's insurance for any period after her remarriage.

(2)Nothing in section 48(1) or 49(3)(a) of this Act relating to the making of claims shall affect any right of a widow to a retirement pension by virtue of sub-paragraph (1)(a) of this paragraph; and section 49(4)(c) of this Act shall not apply to such a pension.

6Section 33(3) of this Act shall not apply to a woman who attained pensionable age before 5th August 1957 and who, immediately before attaining that age, was entitled to widow's benefit unless that benefit was a widow's pension in respect of a husband who died before 21st August 1956 to which she became entitled on or after that date.

Increase of retirement pension for contributions after pensionable age

7In relation to contributions for contribution weeks commencing before 3rd August 1959, section 31(1) of this Act shall have effect as if for the reference to one shilling for every twelve contributions there were substituted a reference—

(a)in the case of contribution weeks commencing before 16th July 1951, to one shilling for every twenty-five contributions ;

(b)in the case of contribution weeks commencing on or after 16th July 1951, to one stalling and sixpence for every twenty-five contributions.

8(1)Section 34(1) and (2) of this Act shall not apply to contributions paid before 25th December 1961, and the said section 34(2) shall not apply where the husband's death took place before that date.

(2)Where, in the case of any husband and his wife or widow, they were both over pensionable age on 25th December 1961 (whether then married or not), the said section 34(1) and (2) shall not apply except in so far as section 34(1)(b) may operate to increase in respect of the husband's contributions a retirement pension under section 30 of this Act payable to his widow by virtue of her own insurance ; but in any such case, and in any case where the husband died before 25th December 1961, the weekly rate of a retirement pension under section 32 of this Act payable to the wife or widow by virtue of the husband's insurance shall, subject to section 30(7) of this Act and to paragraph 9 of this Schedule, be increased for contributions as an employed or self-employed person paid by the husband in respect of any period after both he and she had attained pensionable age—

(a)by one shilling for every twenty-five such contributions paid in respect of contribution weeks commencing before 16th July 1951 ;

(b)for every twenty-five such contributions paid in respect of contribution weeks commencing on or after 16th July 1951 and before 3rd August 1959—

(i)as respects any period during which the husband is alive, by one shilling ;

(ii)as respects any period after the husband's death, by one shilling and sixpence ;

(c)for every twelve such contributions paid in respect of contribution weeks beginning on or after 3rd August 1959—

(i)as respects any period during which the husband is alive, by sixpence ;

(ii)as respects any period after the husband's death, by one shilling.

(3)Section 34(3) and (4) of this Act shall apply for the purposes of sub-paragraph (2) of this paragraph as they apply for the purposes of the said section 34(1) and (2).

9The following provisions (which relate to the treatment of contributions which do not make up the number, or a multiple of the number, of contributions applicable for the purposes of section 20(4) or 21(3) of the Act of 1946 at the time when the contributions were paid), namely—

(a)section 4(5) of the National Insurance Act 1951 ; and

(b)section 6(3) of the National Insurance Act 1959,

shall be specially saved and have effect for the purposes of section 31(1) of this Act or paragraph 8(2) of this Schedule as they had effect for the purposes of the said section 20(4) or 21(3).

Death grant

10A death grant shall not be payable in respect of the death of any person who attained pensionable age before 5th July 1948.

Overlapping benefits

11(1)Regulations may provide for adjusting sickness benefit payable to any person in respect of any injury or disease, or the conditions for the receipt thereof, where that person is or has been entitled in respect of that injury or disease to a weekly payment under the Workmen's Compensation Acts or under any contracting out scheme duly certified thereunder.

(2)In this paragraph, the expression "Workmen's Compensation Acts " means the Workmen's Compensation Acts 1925 to 1945, or the enactments repealed by the Workmen's Compensation Act 1925, or the enactments repealed by the Workmen's Compensation Act 1906.

Non-participating employments

12In determining whether a person's service in any employment in which he is employed after 5th January 1964 qualifies him as mentioned in section 56(1)(a) of this Act, no account shall be taken of any service by him in that employment before that date.

13As respects service before 8th April 1963, section 56(3) of this Act shall have effect as if for the words "eighteen pounds" there were substituted the words

fifteen pounds.

14As respects service before 6th January 1964, section 57(1) of this Act shall have effect as if for paragraph (d) thereof there were substituted the following—

(d)apart from any period before pensionable age, the pension or the said part of it is of an amount not less, when expressed as a weekly rate, than the graduated retirement benefit which would be payable to the person employed in return for an amount of graduated contributions equal to one such contribution paid in each week of the period of service in respect of a weekly payment of remuneration of fifteen pounds.

Payments in lieu of contributions

15For the purposes of section 58 of this Act—

(a)as respects service before 6th January 1964, paragraph (a) of that section shall have effect as if for the words " eighteen pounds" there were substituted the words

fifteen pounds;

(b)sections 1(1) and 3(1) of, and Schedule 1 to, the National Insurance Act 1963 shall be deemed not to have come into operation until 5th January 1964.

16If a payment is made as required by section 58 of this Act in respect of a period—

(a)falling partly before and partly after 5th January 1964 ; or

(b)falling partly before and partly after the date of any change in the percentage mentioned in section 4(1)(c) of this Act taking effect under section 5(1)(b) thereof; or

(c)falling partly before and partly after the date of any change in the said percentage or the sums of money mentioned in the said section 4(1)(c), or of any change in the rates of contributions set out in Schedule 1 to this Act effected by or in pursuance of any Act passed after this Act,

and the amount of the payment is less than the full amount required, the Minister may allocate the payment as between the two parts of the period as he may think fit, and the said section 58 shall apply to the payment as if the two parts of the period were separate periods.

Pre-1948 contributors and beneficiaries

17(1)In relation to—

(a)persons (in this paragraph and paragraph 18 of this Schedule referred to as " pre-1948 contributors ") who within the prescribed time before 5th July 1948 were, or were deemed to be or treated as, insured—

(i)under the Unemployment Insurance Act 1935 ; or

(ii)under the National Health Insurance Act 1936 ; or

(iii)under the Widows', Orphans' and Old Age Contributory Pensions Act 1936 ; and

(b)persons (hereafter in this paragraph referred to as " pre-1948 beneficiaries ")—

(i)to or in respect of whom, immediately before 5th July 1948, any benefit, pension or allowance was, or would but for any disqualification or forfeiture have been, payable under or by virtue of the enactments repealed by the Act of 1946 ; or

(ii)who immediately before 5th July 1948 had, otherwise than as pre-1948 contributors or in respect of the insurance of pre-1948 contributors, any prospective right to or expectation of any benefit, pension or allowance under or by virtue of the enactments so repealed,

the provisions of this Act shall have effect with such modifications, additions and exceptions as may be prescribed for securing the continuity of the enactments so repeated, the Act of 1946 and this Act, or otherwise for the preservation of rights conferred under or by virtue of the enactments so repealed, or which appear to the Minister to be necessary or expedient in consequence of the passing after this Act of any enactment directed to be construed as one therewith (except in so far as the contrary intention appears in that enactment, and without prejudice to the generality of that direction) ; and in this paragraph and in the said paragraph 18 any reference to the enactments repealed by the Act of 1946 shall include a reference to any corresponding enactments previously repealed.

(2)Regulations under the foregoing sub-paragraph shall in particular provide—

(a)as respects pre-1948 contributors—

(i)for the insurance under this Act of such of them as, on 5th July 1948, being under pensionable age, were outside Great Britain and continued in any employment outside Great Britain by virtue of which they were pre-1948 contributors ;

(ii)for modifying the conditions for receipt of benefit under this Act, whether by a pre-1948 contributor or in respect of his insurance by another, so as to take into account, for such purposes and in such manner and subject to such conditions as may be prescribed, contributions paid or deemed to be or treated as paid under the enactments repealed by the Act of 1946 and periods of insurance under those enactments ;

(b)as respects pre-1948 beneficiaries, either—

(i)for substituting for any right to any benefit, pension or allowance payable under or by virtue of the said enactments a right to such benefit under this Act as may be prescribed as corresponding thereto ; or

(ii)for preserving any such right and giving effect thereto (whether under this Act or by continuing in whole or in part the operation of the said enactments in relation thereto),

but in any case subject to any modifications appearing to the Minister to be appropriate, so, however, that the maximum rate of any such benefit, pension or allowance shall not be increased above the rate of the corresponding benefit under this Act as set out in Schedule 3 thereto.

Insured persons over school leaving age on 5th July 1948

18(1)In relation to insured persons who—

(a)immediately before 5th July 1948 were over school leaving age and under pensionable age ; but

(b)either are not pre-1948 contributors or, being pre-1948 contributors, were, or were deemed to be or treated as, insured for the purposes of some only of the enactments repealed by the Act of 1946,

the provisions of this Act shall have effect with such modifications, additions and exceptions as may be prescribed for adjusting them to the case of such persons.

(2)Subject to any prescribed exceptions, regulations under the foregoing sub-paragraph shall provide that the yearly average of the contributions paid by or credited to any such person as is mentioned in that sub-paragraph shall be calculated, in the case of a person over the age of sixteen on 5th July 1948, only over the period—

(a)beginning with the beginning of the contribution year in which that date occurred ; and

(b)ending with the end of the last complete contribution year before the date as at which that average is to be ascertained.

(3)For the purposes of death grant, sub-paragraph (2) of this paragraph shall apply to all pre-1948 contributors.

(4)The reference in sub-paragraph (1) of this paragraph to this Act shall include a reference to any enactment passed after this Act which is directed to be construed as one therewith, except in so far as the contrary intention appears in that enactment, and without prejudice to the generality of that direction.

Miscellaneous special savings

19The following provisions shall be specially saved, that is to say, in the Act of 1946—

(a)section 66 (which relates to the transfer of assets and liabilities in consequence of the passing of the Act of 1946):

(b)section 67 (which relates to compensation for certain displaced employees) ;

(c)section 69(1)(f) (which relates to the continuing in force and administration of the scheme relating to the seamen's special fund established for the purposes of section 138 of the National Health Insurance Act 1936) ;

(d)section 71(1) (which provides for the insurance of certain persons who would not otherwise be insured persons) ;

(e)section 71(3) (which relates to the application of the Act of 1946 to certain persons who attained the age of 55, in the case of a man, or 50, in the case of a woman, before 5th July 1948, except that regulations under the said section 71(3) shall not apply to a woman who attained pensionable age after 4th August 1957 and who immediately before attaining that age was entitled to widow's benefit,

and, in the Family Allowances and National Insurance Act 1961, paragraph 8 of Schedule 3 (which contains transitional provisions with respect to the amendment by section 8(b) of that Act of the definition of " apprentice " in section 23 of the Family Allowances Act 1945), so far as the said paragraph 8 relates to the National Insurance Acts 1946 to 1960.

General provision as to past events

20Any question whether a person became or ceased to be entitled to any benefit at a time before the date of commencement of this Act, and any question with respect to contributions, payments in lieu of contributions or benefit in respect of a period before that date, shall be determined in accordance with the provisions with respect to those matters respectively in force at that time or during that period.

Schedule 12Regulations Revoked

1In the National Insurance (Claims and Payments) Regulations 1948 (S.I. 1948 No. 1041), in Schedule 2 (as included by virtue of the National Insurance (claims and Payments) Amendment Regulations 1952 (S.I. 1952 No. 1207)), paragraph 2 of Part II.

2In the National Insurance (Determination of Claims and Questions) Regulations 1948 (S.I. 1948 No. 1144), regulation 2, regulation 3(3) so far as it relates to the appointment of persons to hold inquiries and report thereon, and regulations 4(1), (2) and (4), 4(3) from the beginning to "High Court and", 5 to 11, 15, 16(5), (5A) and (5B), 18 and 23.

3In the National Insurance and Industrial Injuries (Collection of Contributions) Regulations 1948 (S.I. 1948 No. 1274), regulation 7.

4In the National Insurance (General Benefit) Regulations 1948 (S.I. 1948 No. 1278), regulation 8(3).

5In the National Insurance (Contributions) Regulations 1948 (S.I. 1948 No. 1417), regulation 19.

6The National Insurance (Determination of Claims and Questions) Amendment Regulations 1951 (S.I. 1951 No. 1208).

7In the National Insurance (Maternity Benefit and Miscellaneous Provisions) Regulations 1954 (S.I. 1954 No. 189), regulations 12 and 19(3).

8The National Insurance (Determination of Claims and Questions) Amendment Regulations 1955 (S.I. 1955 No. 1788).

9In the National Insurance (Claims and Payments) Amendment Regulations 1957 (S.I. 1957 No. 578), regulation 2(2).

10In the National Insurance (Claims and Payments) Amendment (No. 2) Regulations 1957 (S.I. 1957 No. 1357), regulation 3.

11In the National Insurance (Determination of Claims and Questions) Amendment Regulations 1958 (S.I. 1958, No. 701), regulation 3 and Schedule 1.

12In the National Insurance (Contributions) Amendment Regulations 1959 (S.I. 1959 No. 847), regulation 11.

13In the National Insurance (Determination of Claims and Questions) Amendment Regulations 1959 (S.I. 1959 No. 848), regulation 3.

14In the National Insurance (Determination of Claims and Questions) Amendment (No. 2) Regulations 1959 (S.I. 1959 No. 1154), regulations 3 to 6 and Schedules 1 to 3.

15In the Family Allowances (Determination of Claims and Questions) Regulations 1959 (S.I. 1959 No. 1157), regulations 2(2) and 3(1) and so much of the Schedule as reproduces any of the regulations revoked by virtue of paragraph 2 of this Schedule.

16In the National Insurance (Graduated Contributions and Non-participating Employments—Miscellaneous Provisions) Regulations 1960 (S.I. 1960 No. 1210), regulations 10 and 14(2).

17In the National Insurance (Graduated Retirement Benefit and Consequential Provisions) Regulations 1961 (S.I. 1961 No. 557), in Schedule 2, paragraph 1 of Part II.

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