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The National Insurance (New Entrants Transitional) Amendment Regulations 1958

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Regulation 2

FIRST SCHEDULECONTAINING REGULATION 2 OF THE PRINCIPAL REGULATIONS AS AMENDED BY THESE REGULATIONS(1)

Modification of the Act in relation to period over which yearly average of contributions is to be calculated in the case of new entrants, etc.

2.(1) Subject to paragraphs (1A) and (2) of this regulation, the yearly average of contributions paid by or credited to any person becoming insured under the Act who—

(a)immediately before the appointed day was under pensionable age and on that day was over the age of sixteen; but

(b)was not immediately before that day an existing contributor within the meaning of regulation 2 of the Pensions, Existing Contributors Regulations;

shall be calculated only over the period—

(i)beginning with the beginning of the contribution year in which the appointed day occurred; and

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

(1A) Any provision of the Act and of any regulation made thereunder whereby, for the purposes of the right to retirement pension of a woman by virtue of her own insurance, the yearly average of the contributions paid by or credited to her husband falls to be ascertained as at a specified date shall have effect in relation to a man to whom paragraph (1) of this regulation would otherwise have been applicable, and in whose case such date occurred in the contribution year which included the appointed day, as if the said yearly average were the number of contributions (not exceeding fifty-two) which bears the same proportion to the number of contribution weeks in the said contribution year as the number of contributions paid by or credited to him bears to the number of contribution weeks in the period from the beginning of that contribution year up to and including the contribution week preceding that in which the said date occurred.

(2) In the case of any person (to whom the provisions of paragraph (1) of this regulation would otherwise be applicable) being a widow to whom paragraph (1) of regulation 5 applies, and who was immediately before the appointed day over the age of fifty-five, the said yearly average shall be calculated only over the period—

(a)beginning with the beginning of the contribution year in which she attained the age of fifty-five; and

(b)ending with the end of the last complete contribution year before the date on which she attains the age of sixty.

(3) For the purposes of calculating the said yearly average—

(a)in the case of any person to whom paragraph (1) of this regulation applies (including any woman who is or has been married and re-enters insurance); and

(b)in the case of any person to whom paragraph (2) of this regulation applies; any contributions credited to that person in respect of any period under regulation 12 of the Contributions Regulations (which regulation relates to pre-entry credits) shall be disregarded, and a contribution shall be credited to that person for any contribution week in the period over which the said yearly average is to be calculated and ending before the appointed day.

(4) The provisions of paragraphs (1) and (3) of this regulation shall also apply for the purpose of the contribution conditions for retirement pension (not being such a pension for a widow by virtue of her husband's insurance) in the case of any person referred to in sub-paragraph (a) of the said paragraph (1) who immediately before the appointed day was an existing contributor under the Contributory Pensions Acts for the purposes of widows' pensions and orphans' pensions only.

(1)

The words added by these Regulations are shown in italics.

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