The Social Security (Credits) Amendment Regulations 1992

Statutory Instruments

1992 No. 726

SOCIAL SECURITY

The Social Security (Credits) Amendment Regulations 1992

Made

12th March 1992

Laid before Parliament

12th March 1992

Coming into force

6th April 1992

The Secretary of State for Social Security, in exercise of the powers conferred by sections 13(4), 166(1) to (3) and 168(1) 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 Regulations 1992 and shall come into force on 6th April 1992.

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

Amendment of regulation 9 of the principal Regulations

2.  In paragraph (3) of regulation 9 of the principal Regulations (credits for unemployment or incapacity for work) for the words “Subject to paragraphs (4) and (7)” there shall be substituted the words “Subject to paragraphs (3A), (4) and (7)” and after paragraph (3) there shall be inserted the following new paragraph—

“(3A) For the purposes of paragraph (3), “day of unemployment” shall also include a day which, by virtue of regulation 7(1)(d) or (k)(iii) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983(4), is not to be treated as a day of unemployment for the purposes of unemployment benefit, but only if the person concerned furnishes to the Secretary of State notice in writing of the grounds on which he claims to be entitled to be credited with earnings, and he does so before the end of the benefit year immediately following the tax year in which that day falls or within such further time as may be reasonable in the circumstances of his case.”.

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

Nicholas Scott

Minister of State,

Department of Social Security

12th March 1992

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 inserts a new paragraph (3A) into regulation 9 of the principal Regulations. It provides, on written notice of the grounds of claim, for the crediting of contributions under the Social Security Act 1975 to certain persons who have received compensation following the termination of their employment.

(1)

1975 c. 14; section 13(4) was amended by the Schedule to the Social Security (No. 2) Act 1980 (c. 39) and by paragraph 2(3) of Schedule 8 to the Social Security Act 1986 (c. 50). Section 168(1) and Schedule 20 are cited because of the meaning ascribed to the words “Prescribe” and “Regulations”.

(2)

See section 61(1)(b) and (10) of the Social Security Act 1986 (c. 50). The Social Security Act 1989 (c. 24), Schedule 8, paragraph 12(4) added a definition of “regulations” to section 61(10) of the Social Security Act 1986.

(3)

S.I. 1975/556; to which there are amendments.

(4)

S.I. 1983/1598; sub-paragraph (d) was substituted by S.I. 1989/1324.