The Social Security (Credits) (Amendment) Regulations 2012

Statutory Instruments

2012 No. 766

Social Security

The Social Security (Credits) (Amendment) Regulations 2012

Made

8th March 2012

Laid before Parliament

12th March 2012

Coming into force

5th April 2012

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 22(5), 122(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992(1).

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it(2).

Citation and commencement

1.—(1) These Regulations may be cited as The Social Security (Credits) (Amendment) Regulations 2012 and shall come into force on 5th April 2012.

Amendment of regulation 9C of the Social Security (Credits) Regulations 1975

2.—(1) Regulation 9C of the Social Security (Credits) Regulations 1975 (credits for adoption pay period and maternity pay period)(3) is amended as follows.

(2) For the heading substitute—

““Credits for adoption pay period, additional paternity pay period and maternity pay period”.

(3) In paragraph (1)(a), after “paragraph (2)(a)” insert “or (aa)”.

(4) After paragraph (2)(a) insert—

““(aa) “the additional paternity pay period in respect of which additional statutory paternity pay was paid to a person; or”.

(5) In paragraph (5)—

(a) after ““adoption pay period”,” insert ““additional paternity pay period”,”;

(b) after ““statutory adoption pay”” insert “, “additional statutory paternity pay””.

Signed by authority of the Secretary of State for Work and Pensions.

Steve Webb

Minister of State,

Department for Work and Pensions

8th March 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 9C of the 1975 Regulations to provide for earnings equal to the lower earnings limit to be credited in respect of any week during which a person was paid additional statutory paternity pay.

Earnings at the lower earnings limit are credited for the purpose of bringing a person’s earnings factor for a tax year to a figure which will enable that person to satisfy contribution conditions of entitlement to certain social security benefits.

A full impact assessment has not been published for this instrument as it has no impact on the private sector and civil society organisations.

(1)

1992 c.4. Section 122(1) is cited due to the meaning ascribed to “prescribe”.

(2)

Section 173(1)(b) of the Social Security Administration Act 1992 (c.5) provides that proposals in respect of regulations which would otherwise be referable to the Social Security Advisory Committee may not be so referred with the agreement of that Committee. These Regulations would otherwise be referable by virtue of section 172 of that Act.

(3)

S.I. 1975/556; regulation 9C was inserted by S.I. 1988/516 and amended by S.I. 2003/521.