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					          Department for Work and Pensions
                    DECISION MAKING AND APPEALS (PART OF LEGAL GROUP)



                   The Law Relating to Social Security

                                  Volumes 2 - 4
                            Supplement 95 - June 2011
1.   Supplements to The Law Relating to Social Security are issued at regular intervals. This supplement [95]
     includes amendments to the Contents Volume and Volumes 1, 2, 3, 4, 5, 6, 8, 11 and 13


2.   This package contains Volumes 2 - 4 and incorporates the following Acts and S.I’s:
     2011 c.3        2011/475         2011/634         2011/678         2011/709
     2011/725        2011/786         2011/868        2011/869          2011/1024
     as well as various miscellaneous amendments.



3.   These supplements are now issued in PDF format only.


4.   The amended pages have been reprinted in full. The supplement number is printed at the bottom of each
     replacement page. This supplement contains an update of the page check list at the back of the volume.


5.   Due to space constraints, DMA can only reproduce legislation currently in force. Where users are
     instructed to remove pages they may like to consider the need to retain such pages for their own use.


7.   The last 2 supplements have amended the following volumes:


     Supplement No. 94 [March 2011]           Contents, 1, 2, 3, 4, 5, 6, 8, 11, 12 and 13.
     Supplement No. 93 [December 2010]        Contents, 1, 2, 3, 4, 5, 6, 8, 11, 12 and 13.


8.   While every effort is made to ensure the accuracy of this work, the DMA Customer Support Services -
     Publications team would be happy to hear from anyone who spots errors. Please contact:

     DMA Customer Support Services - Publications Team: 0113 232 4916 or email:
     DMA.LEEDSPUBLICATIONS@DWP.GSI.GOV.UK
     The Law Relating to Social Security is available on the DWP website at
     http://www.dwp.gov.uk/publications/specialist-guides/law-volumes/the-law-relating-to-social-security/


9.   Starting in Supplement 76 the triangles     signifying additions, deletions or amendments to Statutory
     Instruments will be numbered to aid reference. Numbering will start at 1 on each page however, only
     those pages being updated will be affected.
Remove                                Insert



Volume 2                              Volume 2



2.11 – 2.12 (-2.100) (1 page)         2.11 – 2.12 (-2.100) (1 page)

2.2529 – 2.2532 (2 pages)             2.2529 – 2.2532 (2 pages)

2.2907 – 2.2908 (-2.2916) (1 page)    2.2907 – 2.2908 (-2.2916) (1 page)

2.7691 – 2.7694 (2 pages)             2.7691 – 2.7694 (2 pages)

2.7795 – 2.992 (4 pages)              2.7795 – 2.9992 (8 pages)



Volume 3                              Volume 3

Part 1                                Part 1



3.13 – 3.26 (-3.70) (4 pages)         3.13 – 3.26 (-3.70) (4 pages)

3.79 – 3.80 (-3.110) (1 page)         3.79 – 3.82 (-3.110) (2 pages)

3.2353 – 3.2356 (-3.2360) (2 pages)   3.2353 – 3.2358 (-3.2360) (3 pages)

3.2367 – 3.2370 (-3.2400) (2 pages)   3.2367 – 3.2372 (-3.2400) (3 pages)

3.2441 – 3.2444 (-3.2460) (2 pages)   3.2441 – 3.2454 (-3.2460) (4 pages)

3.2563 – 3.2564 (1 page)              3.2563 – 3.2564 (1 page)



Volume 3                              Volume 3

Part 2                                Part 2



3.3253 – 3.3254 (1 page)              3.3253 – 3.3254 (1 page)

3.4177 – 3.4178 (1 page)              3.4177 – 3.4178 (1 page)

3.4383 – 3.4384 (1 page)              3.4383 – 3.4384 (1 page)

3.4391 – 3.4398 (-3.4400) (4 pages)   3.4391 – 3.4400 (5 pages)

3.6303 – 3.6421 (-3.6460) (2 pages)   3.6303 – 3.6402 (-3.6460) (3 pages)

3.7605 – 3.7606 (-3.7612) (1 page)    3.7605 – 3.7606 (-3.7612) (1 page)

3.8169 – 3.8172 (-3.8200) (2 pages)   3.8169 – 3.8172 (-3.8200) (2 pages)

3.9005 – 3.9008 (-3.9012) (2 pages)   3.9005 – 3.9008 (-3.9012) (2 pages)

3.9991 – 3.994 (2 pages)              3.9991 – 3.994 (2 pages)
Remove                                Insert



Volume 4                              Volume 4



4.11 – 4.16 (-4.70) (3 pages)         4.11 – 4.16 (-4.70) (3 pages)

4.73 – 4.74 (-4.3000) (1 page)        4.73 – 4.74 (-4.3000) (1 page)

4.3103 – 4.3104 (1 page)              4.3103 – 4.3104 (1 page)

4.3215 – 4.3216 (-4.3300) (1 page)    4.3215 – 4.3222 (-4.3300) (2 pages)

4.3615 – 4.3616 (1 page)              4.3615 – 4.3616 (1 page)

4.3631 – 4.3632 (-4.3670) (1 page)    4.3631 – 4.3640 (-4.3670) (2 pages)

4.4657 – 4.4702 (-4.5000) (2 pages)   4.4657 – 4.4658 (-4.5000) (1 pages)

4.5007 – 4.5010 (-4.5060) (2 pages)   4.5007 – 4.5010 (-4.5060) (2 pages)

4.5119 – 4.5120 (1 page)              4.5119 – 4.5120 (1 page)

4.5415 – 4.5416 (-4.5522) (1 page)    4.5415 – 4.5424 (-4.5522) (3 pages)

4.5525 – 4.5528 (-4.5700) (2 pages)   4.5525 – 4.5564 (-4.5700) (4 pages)

4.6555 – 4.6556 (-4.6560) (1 page)    4.6555 – 4.6556 (-4.6560) (1 page)

4.6615 – 4.6616 (-4.6650) (1 page)    4.6615 – 4.6632 (-4.6650) (2 pages)

4.9991 – 4.9992 (1 page)              4.9991 – 4.9992 (1 page)
               CHRONOLOGICAL LIST OF STATUTES
                                    VOLUME 2
Title                                                            Chapter         Page


National Insurance Act 1965                                      1965 c. 51     2.101
Social Security (Consequential Provisions) Act
  1975                                                           1975 c. 18     2.721

Vaccine Damage Payments Act 1979                                 1979 c. 17    2.1121

Social Security Act 1989                                         1989 c. 24    2.2051

Annexes                                                                        2.2121

Social Security Act 1990                                         1990 c. 27    2.2151

Disability Living Allowance and Disability
  Working Allowance Act 1991                                     1991 c. 21    2.2261

Social Security Contributions and
  Benefits Act 1992                                              1992 c. 4     2.2501

Social Security Act 1993                                         1993 c. 3     2.3401

Pension Schemes Act 1993,
  ss. 7, 8, 11, 13-l 8, 39-42B, 45B-49, 67, 68,
  109, 128, 155, 156, 168-171; Schs. 2, 4                        1993 c. 48    2.3451
  (For other provisions in that Act, see vol. 5)


Social Security (Contributions) Act 1994                         1994 c. 1     2.3701

Statutory Sick Pay Act 1994                                      1994 c. 2     2.3711

Social Security (Incapacity for Work) Act 1994                   1994 c. 18    2.3751

Pensions Act 1995,
  ss. 55, 126-134, 136(1) and (2), 137, 139, 140,
  148, 151, 155(1) (part) and 177; Sch. 3, paras.
  21, 22 and 42; Sch. 4, paras. 1-8, 13, 14 and
  16-22; Sch. 5, paras. 26-29, 41, 44, 61, 65, 70,
  71, 84 and 85; and Sch. 7 Part II                              1995 c. 26    2.3851

Social Security Contributions (Transfer of Functions, etc.)
  Act 1999                                                       1999 c. 2     2.5001

Welfare Reform and Pensions Act 1999                             1999 c. 30    2.6001

Child Support, Pensions and Social Security Act 2000             2000 c. 19
 (extracts)                                                                    2.7001




Supplement No. 95 [June 2011]                      The Law Relating to Social Security   2.11
                                CHRONOLOGICAL LIST OF STATUTES

                Title                                                     Chapter         Page

                National Insurance Contributions Act 2002                 2002 c. 19    2.7301

                National Insurance Contributions and Statutory
                 Payments Act 2004                                        2004 c. 3     2.7501

                Child Maintenance and Other Payments Act 2008             2008 c. 6
                 (extracts)                                                             2.7601

                Welfare Reform Act 2009                                   2009 c. 24    2.7651

                National Insurance Contributions Act 2011                 2011 c. 3     2.8001




2.12 (–2.100)   Supplement No. 95 [June 2011]               The Law Relating to Social Security
                                           SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 (c. 4)
                                                                                                                       Ss. 6-6A
  (2) No primary or secondary Class 1 contribution shall be payable in respect of
earnings if a Class 1B contribution is payable in respect of them.

   (3) Except as may be prescribed, no primary Class 1 contribution shall be payable
in respect of earnings paid to or for the benefit of an employed earner after he attains
pensionable age, but without prejudice to any liability to pay secondary Class 1
contributions in respect of any such earnings.

  (4) The primary and secondary Class 1 contributions referred to in subsection (1)
above are payable as follows–
     (a) the primary contribution shall be the liability of the earner; and
     (b) the secondary contribution shall be the liability of the secondary contributor;
but nothing in this subsection shall prejudice the provisions of [ 1paragraphs 3 to 3B of
Schedule 1 to this Act.]

   (5) Except as provided by this Act, the primary and secondary Class 1 contributions
in respect of earnings paid to or for the benefit of an earner in respect of any one
employment of his shall be payable without regard to any other such payment of
earnings in respect of any other employment of his.

  (6) Regulations may provide for reducing primary or secondary Class 1
contributions which are payable in respect of persons to whom Part XI of the
Employment Rights Act 1996 (redundancy payments) does not apply by virtue of
section 199(2) or 209 of that Act.

    [2(7) Regulations under this section shall be made by the Treasury.]

   6A.—(1) This section applies where in any tax week earnings are paid to or for the                  Notional payment of
benefit of an earner over the age of 16 in respect of any one employment of his which                  primary Class 1
is employed earner’s employment and the amount paid–                                                   contribution where
                                                                                                       earnings not less than
     (a) is not less than the current lower earnings limit (or the prescribed equivalent),             lower earnings limit.
          but
     (b) does not exceed the current primary threshold (or the prescribed equivalent).

  (2) Subject to any prescribed exceptions or modifications–
     (a) the earner shall be treated as having actually paid a primary Class 1
         contribution in respect of that week, and
     (b) those earnings shall be treated as earnings upon which such a contribution
         has been paid,
for any of the purposes mentioned in subsection (3) below.

    (3) The purposes are–
      (a) the purposes of section 14(1)(a) below;
      (b) the purposes of the provisions mentioned in section 21(5A)(a) to (c) below;
      (c) any other purposes relating to contributory benefits;
      (d) any purposes relating to jobseeker’s allowance [3; and
      (e) any purposes relating to employment and support allowance.]

   (4) Regulations may provide for any provision of this Act which, in whatever terms,
refers–
     (a) to primary Class 1 contributions being payable by a person, or
     (b) otherwise to a person’s liability to pay such contributions,
to have effect for the purposes of this section with any prescribed modifications.
1
    Words substituted in s. 6(4) (28.7.00) by Child Support, Pensions and Social Security Act
    2000 (c. 19), s. 77(3).
2
    S. 6(7) inserted (1.4.99) by the Social Security Contributions (Transfer of Functions, etc.) Act
    1999 (c. 2), Sch. 3, para. 6.
3
    Word inserted in s. 6A(3)(d) & s. 6A(3) (27.10.08) by the Welfare Reform Act 2007 (c. 5),
    Sch. 3, para. 9(2).

Supplement No. 95 [June 2011]                           The Law Relating to Social Security                              2.2529
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 (c. 4)
Ss. 6A-8
                             (5) Except as may be prescribed, nothing in this section applies in relation to
                           earnings paid to or for the benefit of an employed earner after he attains pensionable
                           age.

                              (6) Except as provided by this Act, this section applies in relation to earnings paid
                           to or for the benefit of an earner in respect of any one employment of his irrespective
                           of any other such payment of earnings in respect of any other employment of his.

“Secondary contributor”.     7.—(1) For the purposes of this Act, the “secondary contributor” in relation to any
                           payment of earnings to or for the benefit of an employed earner, is–
                                (a) in the case of an earner employed under a contract of service, his employer;
                                (b) in the case of an earner employed in an office with [1general earnings], either–
                                      (i) such person as may be prescribed in relation to that office; or
                                     (ii) if no person is prescribed, the government department, public authority
                                          or body of persons responsible for paying the[1general earnings] of the
                                          office;
                           but this subsection is subject to subsection (2) below.

                               (2) In relation to employed earners who–
                                 (a) are paid earnings in a tax week by more than one person in respect of different
                                      employments; or
                                 (b) work under the general control or management of a person other than their
                                      immediate employer,

                           and in relation to any other case for which it appears to the [2Treasury] that such
                           provision is needed, regulations may provide that the prescribed person is to be treated
                           as the secondary contributor in respect of earnings paid to or for the benefit of an
                           earner.

                               [2(3) Regulations under any provision of this section shall be made by the Treasury.]

Calculation of primary       [38—(1) Where a primary Class 1 contribution is payable as mentioned in section
Class 1 contributions.     6(1)(a) above, the amount of that contribution is the aggregate of–
                                (a) the main primary percentage of so much of the earner’s earnings paid in the
                                     tax week, in respect of the employment in question, as–
                                      (i) exceeds the current primary threshold (or the prescribed equivalent);
                                          but
                                     (ii) does not exceed the current upper earnings limit (or the prescribed
                                          equivalent); and
                               (b) the additional primary percentage of so much of those earnings as exceeds
                                     the current upper earnings limit (or the prescribed equivalent).

                               (2) For the purposes of this Act–
                                 (a) the main primary percentage is [412] per cent; and
                                 (b) the additional primary percentage is [ 42] per cent;

                           but the main primary percentage is subject to alteration under sections 143 and 145 of
                           the Administration Act.

                               (3) Subsection (1) above is subject to–
                                 (a) regulations under section 6(6) above;
                                 (b) regulations under sections 116 to 120 below; and
                           1
                               Words substituted in s. 7(1)(b) (6.4.03) by the Income Tax (Earnings & Pensions) Act 2003 (c.
                               1), Sch. 6, para. 173.
                           2
                               Words in. s. 7(2) substituted & s. 7(3) inserted (1.4.99) by Social Security Contributions
                               (Transfer of Functions etc.) Act 1999 (c. 2), Sch. 3, paras. 6 to 8.
                           3
                               S. 8 substituted (6.4.03) by the National Insurance Contributions Act 2002 (c. 19), s. 1.
                           4
                               Figures in s. 8(2) (6.4.11) substituted by the National Insurance Contributions Act 2011 (c. 3)
                               s. 1(1).


2.2530                     Supplement No. 95 [June 2011]                          The Law Relating to Social Security
                                           SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 (c. 4)
                                                                                                                     Ss. 8-10
       (c) sections 41 and 42A of the Pensions Act (reduced rates of Class 1 contributions
           for earners in contracted-out employment).]

  [19.—(1) Where a secondary Class 1 contribution is payable as mentioned in section                 Calculation of
6(1)(b) above, the amount of that contribution shall be the secondary percentage of so               secondary Class 1
much of the earnings paid in the tax week, in respect of the employment in question,                 contributions
as exceeds the current secondary threshold (or the prescribed equivalent).]

  [2(2) For the purposes of this Act the secondary percentage is [313.8] per cent; but
that percentage is subject to alteration under sections 143 and 145 of the Administration
Act.

    (3) Subsection (1) above is subject to–
       (a) regulations under section 6(6) above;
      (b) regulations under sections 116 to 120 below; and
       (c) sections 41 and 42A of the Pensions Act (reduced rates of Class 1 contributions
           for earners in contracted-out employment).]

                                          Class 1A contributions

    [410.—(1) Where–                                                                                 Class 1A contributions:
     [5(a) for any tax year an earner is chargeable to income tax under ITEPA 2003 on                benefits in kind etc.
            an amount of general earnings received by him from any employment (“the
            relevant employment”),]
      5
     [ (b) the relevant employment is both–
             (i) employed earner’s employment, and
            (ii) an employment, other than an excluded employment, within the meaning
                 of the benefits code (see Chapter 2 of Part 3 of ITEPA 2003),]
        (c) the whole or a part of the [5general earnings] falls, for the purposes of Class
            1 contributions, to be left out of account in the computation of the earnings
            paid to or for the benefit of the earner,
a Class 1A contribution shall be payable for that tax year, in accordance with this
section, in respect of that earner and so much of the [5general earnings] as falls to be so
left out of account.

  (2) Subject to section 10ZA below, a Class 1A contribution for any tax year shall be
payable by–
    (a) the person who is liable to pay the secondary Class 1 contribution relating
         to the last (or only) relevant payment of earnings in that tax year in relation
         to which there is a liability to pay such a Class 1 contribution; or
    (b) if paragraph (a) above does not apply, the person who, if the [ 5general
         earnings] in respect of which the Class 1A contribution is payable were
         earnings in respect of which Class 1 contributions would be payable, would
         be liable to pay the secondary Class 1 contribution.

  (3) In subsection (2) above “relevant payment of earnings” means a payment which
for the purposes of Class 1 contributions is a payment of earnings made to or for the
benefit of the earner in respect of the relevant employment.
1
    S. 9 substituted (22.12.99 for reg. making purposes, 6.4.00 for all other purposes) by the
    Welfare Reform and Pensions Act 1999 (c. 30), Sch. 9, para. 5.
2
    S. 9(2) & (3) substituted (6.4.03) by the National Insurance Contributions Act 2002 (c. 19),
    s. 2(1).
3
    Figure in s. 9(2) substituted (6.4.11) by the National Insurance Contributions Act 2011 (c. 3)
    s. 1(2).
4
    S. 10 substituted (28.7.00) by s. 74(2) of the Child Support, Pensions and Social Security Act
    2000 (c. 19).
5
    S. 10(1)(a) & (b) substituted & words in s. 10(1), (1)(c) & (2)(b) substituted (6.4.03) by the
    Income Tax (Earnings & Pensions) Act 2003 (c. 1), Sch. 6, para. 174(1)-(6).


Supplement No. 95 [June 2011]                          The Law Relating to Social Security                               2.2531
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 (c. 4)

Ss. 10-10ZA
                             (4) The amount of the Class 1A contribution in respect of any [ 1general earnings]
                           shall be the Class 1A percentage of so much of [ 1them] as falls to be left out of account
                           as mentioned in subsection (1)(c) above.

                             (5) In subsection (4) above “the Class 1A percentage” means a percentage rate
                           equal to the [2secondary percentage] for the tax year in question.

                             (6) No Class 1A contribution shall be payable for any tax year in respect of so much
                           of any [1general earnings as are taken] for the purposes of the making of Class 1B
                           contributions for that year to be included in a PAYE settlement agreement.

                             [1(7) In calculating for the purposes of this section the amount of general earnings
                           received by an earner from an employment, a deduction under any of the excluded
                           provisions is to be disregarded.

                              This subsection does not apply in relation to a deduction if subsection (7A) applies
                           in relation to it.

                               (7A) Where–
                                 (a) a deduction in respect of a matter is allowed under an excluded provision,
                                     and
                                 (b) the amount deductible is at least equal to the whole of any corresponding
                                     amount amount which would (but for this section) fall by reference to that
                                     matter to be included in the general earnings mentioned in subsection (7),
                           the whole of any corresponding amount shall be treated as not included.

                               (7B) For the purposes of subsections (7) and (7A) “excluded provision” means–
                                 (a) any provision of Chapter 2 of Part 5 of ITEPA 2003 (deductions for
                                     employee’s expenses), other than section 352 (limited deduction for agency
                                     fees paid by entertainers), and
                                 (b) any provision of Chapter 5 of Part 5 of ITEPA 2003 (deductions for earnings
                                     representing benefits or reimbursed expenses).]

                               (8) The Treasury may by regulations–
                                [1(a) modify the effect of subsections (7) and (7A) above by amending subsection
                                      (7B) so as to include any enactment contained in the Income Tax Acts within
                                      the meaning of “excluded provision”, or]
                                  (b) make such amendments of [1subsections (7) to (7B)] above as appear to them
                                      to be necessary or expedient in consequence of any alteration of the provisions
                                      of the Income Tax Acts relating to the charge to tax [ 1on employment income].

                               (9) The Treasury may by regulations provide–
                                 (a) for Class 1A contributions not to be payable, in prescribed circumstances,
                                     by prescribed persons or in respect of prescribed persons or [ 1 general
                                     earnings];
                                 (b) for reducing Class 1A contributions in prescribed circumstances.

                               (10) […1]

Liability of third party       [310ZA.—(1) This section applies, where–
provider of benefits in
kind.

                           1
                               Words substituted in s. 10(4), (6), (8)(b) & 9(a), s. 10(7)-(7B) substitutes para. (7) & s.
                               10(10) omitted (6.4.03) by the Income Tax (Earnings & Pensions) Act 2003, Sch. 6, para.
                               174(7)-(13).
                           2
                               Words substituted in s. 10(5) (30.3.06) by the National Insurance Contributions Act 2002 (c.
                               19), Sch. 1, para. 2.
                           3
                               S.10ZA and 10ZB inserted (28.7.00) by Child Support, Pensions and Social Security Act 2000
                               (c. 19), s. 75(1).

2.2532                     Supplement No. 95 [June 2011]                         The Law Relating to Social Security
                                            SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 (c. 4)
                                                                                                       Sch. 7
           (iii) two people of the same sex who are not civil partners of each other but
                 are living together as if they were civil partners, and]
       (b) the other person had earnings in any week,

the beneficiary’s right to payment of increases for the following week under this
paragraph shall be determined in accordance with sub-paragraph (4) below.

     (4) No such increase shall be payable–
       (a) in respect of the first child [1or qualifying young persons] where the earnings
           were [2£205] or more; and
       (b) in respect of a further child [1or qualifying young persons] for each complete
           [2£27] by which the earnings exceeded [ 2£205].

     (5) The Secretary of State may by order substitute larger amounts for the
    amounts for the time being specified in sub-paragraph (4) above.

  (6) In this paragraph “week” means such period of 7 days as may be
prescribed by regulations made for the purposes of this paragraph.

                  Additional provisions as to increase under paragraph 4

  5.—(1) An increase under paragraph 4 above of any amount in respect of a
particular child [1or qualifying young persons] shall for any period be payable only if
during that period one or other of the following conditions is satisfied with respect of
the child [1or qualifying young persons]–
     (a) the beneficiary would be treated for the purposes of Part IX of this Act
          as having the child [1or qualifying young person] living with him; or
     (b) the requisite contributions are being made to the cost of providing for
          the child [1or qualifying young person].

  (2) The condition specified in paragraph (b) of sub-paragraph (1) above is to
be treated as satisfied if, and only if–
     (a) such contributions are being made at a weekly rate not less than the
          amount referred to in that sub-paragraph–
           (i) by the beneficiary; or
          (ii) where the beneficiary is one of two spouses residing together, by
               them together; and
     (b) except in prescribed cases, the contributions are over and above those
          required for the purposes of satisfying section 143(1)(b) above.

                                 Increases for adult dependants

  6.—(1) The weekly rate of a disablement pension where the beneficiary is
entitled to an unemployability supplement shall be increased under this
paragraph for any period during which–
    (a) the beneficiary is–
          (i) residing with his spouse, or
         (ii) contributing to the maintenance of his spouse [ 3or civil partner] at the
              requisite rate; or
    (b) a person–
          (i) who is neither the spouse [ 3or civil partner] of the beneficiary nor a
              child [1or qualifying young person], and

1
     Words inserted & substituted in paras. 4, 5 & 6 (10.4.05) by the Child Benefit Act 2005 (c. 6),
     Sch. 1, para. 16.
2
     Amounts in para. 4(4) substituted (13.4.11) by S.I. 2011/869, art. 2.
3
     Words inserted in para. 6(1) (5.12.05) by The Civil Partnership Act 2004 (c. 33), Sch. 24,
     para. 52.

Supplement No. 95 [June 2011]                           The Law Relating to Social Security            2.2907
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 (c. 4)
Sch. 7
                               (ii) in relation to whom such further conditions as may be prescribed
                                    are fulfilled,
                               has the care of [1one or more children or qualifying young persons] in respect
                               of whom the beneficiary is entitled to child benefit.

                     (2) the amount of the increase under this paragraph shall be that specified in
                   Schedule 4, Part V, paragraph 8 and the requisite rate for the purposes of sub-
                   paragraph (1)(a) above is a weekly rate not less than that amount.

                        (3) Regulations may provide that, for any period during which–
                          (a) the beneficiary is contributing to the maintenance of his or her spouse [2or
                              civil partner] at the requisite rate, and
                          (b) the weekly earnings of the spouse [2or civil partner] exceed such amount as
                              may be prescribed,

                   there shall be no increase of benefit under this paragraph.

                      (4) Regulations may provide that, for any period during which the beneficiary
                   is residing with his or her spouse [2or civil partner] and the spouse [2or civil partner]
                   has earnings–
                        (a) the increase of benefit under this paragraph shall be subject to a
                             reduction in respect of the spouse’s [2or civil partner’s] earnings; or
                        (b) there shall be no increase of benefit under this paragraph.

                     (5) Regulations may, in a case within sub-paragraph (1)(b) above in which the
                   person there referred to is residing with the beneficiary and fulfils such further
                   conditions as may be prescribed, authorise an increase of benefit under this
                   paragraph, but subject, taking account of the earnings of the person residing with
                   the beneficiary, other than such of that person’s earnings from employment by the
                   beneficiary as may be prescribed, to provisions comparable to those that may
                   be made by virtue of sub-paragraph (4) above.

                     (6) Regulations under this paragraph may, in connection with any reduction
                   or extinguishment of an increase in benefit in respect of earnings, prescribe the
                   method of calculating or estimating the earnings.

                     (7) A beneficiary shall not be entitled to an increase of benefit under this
                   paragraph in respect of more than one person for the same period.

                       Earnings to include occupational and personal pensions for purposes of disable-
                                                        ment pension

                     7.—(1) Except as may be prescribed, any reference to earnings in paragraph 4 or 6
                   above includes a reference to payments by way of occupational or personal pension.
                   Where increase of benefit has been payable continuously since Oct. 1989, the reference to personal
                   pension in para. 7(1) above is subject to the saving in reg. 4(2) of S.I. 1989/1690.


                     (2) For the purposes of those paragraphs, the Secretary of State may by regulations
                   provide, in relation to cases where payments by way of occupational or personal
                   pension are made otherwise than weekly, that any necessary apportionment of the
                   payments shall be made in such manner and on such basis as may be prescribed.




                   1
                       Words inserted in paras. 6(1) (10.4.05) by the Child Benefit Act 2005 (c. 6), Sch. 1, para. 16.
                   2
                       Words inserted in paras. 6(3) & (4) (5.12.05) by the Civil Partnership Act 2004 (c. 33), Sch.
                       24, para. 52.


2.2908 (–2.2916)    Supplement No. 95 [June 2011]                          The Law Relating to Social Security
                                                                                 WELFARE REFORM ACT 2009 (c. 24)
                                                                                                                       Ss. 31-32
  (2) In section 14 of the Welfare Reform Act 2007 (employment and support
allowance: action plans in connection with work-focused interviews), at
the end insert–

           “(5)In preparing any action plan, the Secretary of State must have
        regard (so far as practicable) to its impact on the well-being of any
        person under the age of 16 who may be affected by it.”

  32.—(1) The Jobseekers Act 1995 is amended as follows.                                                Contracting out functions
                                                                                                        under Jobseekers Act
                                                                                                        1995
  (2) Before section 21 (but after the italic heading immediately before that
section) insert–
       “20E Contracting out

           (1) The following functions of the Secretary of State may be
        exercised by, or by employees of, such person (if any) as the Secretary
        of State may authorise for the purpose, namely–
             (a) conducting interviews under section 11A;
             (b) providing documents under section 11C;
             (c) giving, varying or revoking directions under section 18B(5);
             (d) asking questions under paragraph 1 of Schedule A1;
             (e) making decisions under paragraph 2 or 3 of that Schedule;
             (f) exercising any functions in relation to rehabilitation plans
                  under paragraph 5 or 6 of that Schedule.

           (2) The following functions of officers of the Secretary of State
        may be exercised by, or by employees of, such person (if any) as
        the Secretary of State may authorise for the purpose, namely–
             (a) specifying places and times, and being contacted, under
                 section 8;
             (b) entering into or varying any jobseeker’s agreement under
                 section 9 or 10 and referring any proposed agreement or
                 variation to the Secretary of State under section 9 or 10;
             (c) giving notifications under section 16 or 18A;
             (d) giving, varying or revoking directions under section 18A.

            (3)—(12) . . . . . . . . . . . . inserted   into 1995 (c. 18), see Annex 1 at page 2.7795

  (3) In each of the following provisions for “employment officer” substitute
“officer of the Secretary of State”–
    (a) section 8(1)(a),
    (b) section 9(1), (5), (6) and (7)(b),
    (c) section 10(1), (4), (5) and (6)(b)(ii),
    (d) section 16(3)(b)(ii),
    (e) section 19(5)(b)(ii), (6)(c) and (10)(b) (as the section has effect before
         its substitution by paragraph 6 of Schedule 1 to this Act), and
     (f) section 20A(2)(b)(ii) and (f) (as the section has effect before its
         substitution by paragraph 7 of that Schedule).

  (4) In section 8(1A)(a), for “the Secretary of State” substitute “an officer
                         .
of the Secretary of State”

  (5) In relation to any time before paragraph 4 of Schedule 1 to this Act is
fully in force, section 20E(2)(c) and (d) of the Jobseekers Act 1995 (c. 18)
have effect as if they included references to the giving of notifications or
directions under section 19 or 20A of that Act.


Supplement No. 95 [June 2011]                             The Law Relating to Social Security                             2.7691
WELFARE REFORM ACT 2009 (c. 24)
Ss. 33-37
                            33.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . amends 1995 (c. 18), see Annex 1 at page 2.7795

                            34.    ......       amends 1992 (c. 5), 1995 (c. 18) and 1999 (c. 30), see Annex 1, page 2.7795

                            35.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . amends 1992 (c. 5), see Annex 1, page 2.7795

Power to rename council     36.—(1) The Secretary of State shall by order provide for the benefit
tax benefit               referred to in section 123(1)(e) of the Social Security Contributions and
                          Benefits Act 1992 (council tax benefit) to be known instead, either generally
                          or in cases prescribed by the order, as council tax rebate.

                            (2) An order under this section may–
                                     (a) amend references to council tax benefit in any Act
                                          (whenever passed) or in any instrument made under any
                                          Act (whenever made);
                                     (b) make provision about the interpretation of references to
                                          council tax benefit in other documents;
                                     (c) make different provision for different areas.

                            (3) In subsection (2)(a) “Act” means–
                              (a) an Act of Parliament,
                              (b) an Act of the Scottish Parliament, or
                              (c) a Measure or Act of the National Assembly for Wales.

                            (4) The power to make an order under this section is exercisable by
                          statutory instrument.

                            (5) Subsections (3) to (5) of section 175 of the Social Security
                          Contributions and Benefits Act 1992 (general provisions as to regulations
                          and orders) apply in relation to the power conferred by this section as they
                          apply in relation to a power conferred by that Act to make an order.

                            (6) The first order under this section may not be made unless a draft of
                          the statutory instrument containing the order has been laid before, and
                          approved by a resolution of, each House of Parliament.

                            (7) A statutory instrument containing an order under this section to which
                          subsection (6) does not apply is subject to annulment in pursuance of a
                          resolution of either House of Parliament.

Minor amendments            37.—(1) Sections 80 and 81 of the Benefits Act (which continue to have effect in
                          certain cases despite their repeal by the Tax Credits Act 2002 (c. 21)) are to have effect
                          as if the references in those sections to a child or children included references to a
                          qualifying young person or persons.

                            (2) “Qualifying young person” has the same meaning as in Part 9 of the Benefits
                          Act.

                            (3) In section 150(2) of the Benefits Act (interpretation of Part 10: Christmas bonus),
                          in the definition of “qualifying employment and support allowance”, for “an
                          employment and support allowance” substitute “a contributory allowance”.

                            (4) Despite the provision made by the Welfare Reform Act 2007 (Commencement
                          No. 6 and Consequential Provisions) Order 2008 (S.I. 2008/ 787), paragraph 9(7) and
                          (8) of Schedule 3 to the Welfare Reform Act 2007 (c. 5) (which amend sections 88 and
                          89 of the Benefits Act) are deemed not to be in force by virtue of the provision made by
                          that order at any time after the passing of this Act.

                            (5) In this section “the Benefits Act” means the Social Security Contributions and
                          Benefits Act 1992 (c. 4).

2.7692                    Supplement No. 95 [June 2011]                                       The Law Relating to Social Security
                                                                     WELFARE REFORM ACT 2009 (c. 24)
                                                                                                        Ss. 38-39
                                     PART 2

          DISABLED PEOPLE: RIGHT TO CONTROL PROVISION OF SERVICES


                                     Introductory

  38. The purpose of this Part is to enable disabled people aged 18 or over to exercise   Purpose of Part 2
greater choice in relation to, and greater control over, the way in which relevant
services (as defined by section 39) are provided to or for them, in cases where the
provision of the relevant services is a function of a relevant authority (as defined by
section 40).

  39.—(1) In this Part “relevant services” means services–                                Relevant services
    (a) which are provided to or for the benefit of a disabled person (“P”) (whether
        or not in connection with P’s disability), and




Supplement No. 95 [June 2011]                   The Law Relating to Social Security                       2.7693
WELFARE REFORM ACT 2009 (c. 24)




2.7694            Supplement No. 95 [June 2011]   The Law Relating to Social Security
                                                                    WELFARE REFORM ACT 2009 (c. 24)
                                                                                            Annex 1
                                  ANNEX 1

                          LIST OF OMISSIONS
   The following provisions have been omitted from the text for the reasons stated:–

 s. 1          … …      inserts (12.11.09) Ss. 17A & 17B in the Jobseekers Act
                        1995 (c. 18)

 s. 2          … …      inserts (12.11.09) Ss. 2D - 2H and amends Ss. 2A 189(7A)
                        & 72(3) in the SS Administration Act 1992 (c. 5)

 s.10          … …      substitutes s. 15(1)-(2) & inserts s. 15(1A) (10.2.10) of the
                        Welfare Reform Act 2007 (c. 5)

 s. 12(1) & (3)   …     inserts (1.10.10) s. 2(2A) into the Jobseeker’s Act 1995 (c.
 s. 12(2) & (4)         18) substitutes (1.11.10) s. 2(2)(b) & words in s. 2(3A) in
                        the Jobseeker’s Act 1995 (c. 18)

 s.12(6)       … …      substitutes words (1.11.10) in para. 45 of Schedule 1 to the
                        National Insurance Contributions Act 2002 (c. 19)

 s. 13(1) & (4)   …     substitutes (1.10.10 for the purpose only of
                        conferring power to make regulations) para. 1(2) & (3)
                        of Schedule 1 to the Welfare Reform Act 2007 (c. 5)

 s.13(2)-(4)   … …      substitutes (1.11.10) para. 1(1)(c) & (2)-(3) & words in
                        para. 1(1)(a) of Schedule 1 to the Welfare Reform Act 2007
                        (c. 5)

 s. 14         … …      inserts s. 73(1)(ab), 73(1AB) & words in 73(1A)(a) &
                        (11)(a) and substitutes s. 73(1)(b) ((11.04.10) for the
                        purpose only of conferring power to make regulations
                        (15.10.10) for the purpose only of accessing & making
                        decisions on eligibility and (11.04.2011) for all other
                        purposes) in the Social Security Contributions and
                        Benefits Act 1992 (c. 4)

 s. 24         … …      inserts ss. 6A-6C ((12.1.10) for the purpose only of
                        conferring power to make regulations and (1.4.10) for all
                        other purposes), into the Social Security Fraud Act 2001
                        (c. 11)

 s. 26         … …      omits ss. 62-66 (22.03.10) of the Child Support, Pensions
                        and Social Security Act 2000 (c. 19)

  s. 27        … …      inserts (12.11.09) s. 18A in the State Pension Credit Act
                        2002 (c. 16)

  s. 28        … …      amends (12.11.09) s. 29 in the Jobseekers Act 1995 (c. 18)
                        & s. 19 in the Welfare Reform Act 2007 (c. 5)

 s. 32(1) & (2)… …      inserts (9.3.11) s. 20E(3)-(12) into the Jobseekers Act 1995
                        (c. 18). See art. 2 of S.I. 2011/682 for details of when to
                        apply

 s. 33(1)–(3) … …       substitutes s. 8(2)(a)-(c) and inserts s. 8(2A) ((10.2.10) for
                        the purpose only of conferring power to make regulations
                        (6.4.10) for all other purposes), in the Jobseekers Act 1995
                        (c. 18)


Supplement No. 95 [June 2011]                 The Law Relating to Social Security            2.7795
WELFARE REFORM ACT 2009 (c. 24)
Annex 1
                    s. 34       … …       inserts (12.01.10) ss. 2A(7A), 2AA(6A) & para. 19 to
                                          Schedule 1 of the SS Administration Act 1992 (c. 5) and
                                          makes amendments to s. 72 of the Welfare Reform and
                                          Pensions Act (c. 30)

                    s. 35       … …       amends (10.2.10) ss. 2A & 2AA of the Social Security
                                          Administration Act 1992 (c. 5)

                    s. 55       … …       substitutes s. 14A(3A) & inserts (14.1.10) into the Child
                                          Support Act 1991 (c. 48)

                    Sch. 3

                    Paras. 1 - 3 … …      amend (12.11.09) ss. 36 & 37, para. 19 of Sch. 1 & inserts
                                          Schedule A1 into the Jobseekers Act 1995 (c. 18) SS
                                          Administration Act 1992 (c. 5)

                    Para. 6     … …       inserts (12.11.09) s. 15A into the Welfare Reform Act 2007
                                          (c. 5)

                    Para. 7     … …       inserts (12.11.09) Schedule 1A into the Welfare Reform
                                          Act 2007 (c. 5)

                    Para. 8     … …       amends (12.11.09) ss. 16, 25, 26 & Sch. 2 of the Welfare
                                          Reform Act 2007 (c. 5)

                    Sch. 7

                    part 2      … …       repeals text (12.01.10) in the Social Security
                                          Contributions and Benefits Act 1992 (c. 4) ss. 20(1), 63(c)
                                          & 114(4)

                                          repeals (12.01.10) ss. 82, 88-92 and paras. 3 & 9 in part 4
                                          of Sch. 4

                                          repeals (12.01.10) Sch. 1, paras. 25 - 27 of the Social
                                          Security (Incapacity for Work) Act 1994 (c. 18).

                                          repeals (12.01.10) Sch. 2, paras. 24 & 27 of the Jobseekers
                                          Act 1995 (c. 18)

                                          repeals (12.01.10) Sch. 8, para. 26 of the Welfare Reform
                                          and Pensions Act 1999 (c. 30)

                                          repeals (12.01.10) Sch. 3, para. 34 of the Tax Credits Act
                                          2002 (c. 21)

                                          repeals (12.01.10) the Sch., para. 2(d) of the Regulatory
                                          Reform (Carer's Allowance) Order 2002 (S.I. 2002/1457)

                                          repeals Sch. 24, para. 35 of the Civil Partnership Act 2004
                                          (c. 33)

                                          repeals (12.01.10) Sch. 1, para. 5 of the Child Benefit Act
                                          2005 (c. 6)

                                          repeals (12.01.10) the Sch., para. 1(2) of the Pensions Act
                                          2004 (PPF Payments and FAS Payments) (Consequential
                                          Provisions) Order 2006 (S.I. 2006/343)




2.7796 (–2.7800)   Supplement No. 95 [June 2011]                The Law Relating to Social Security
                                                                  WELFARE REFORM ACT 2009 (c. 24)
                                                                                          Annex 1
                       repeals (12.01.10) Sch. 3, para. 9(7) & (8) of the Welfare
                       Reform Act 2007 (c. 5)

                       repeals (12.01.10) Sch. 1, paras. 14 & 15 of the Pensions
                       Act 2007 (c. 22)

 Sch. 4

 Paras. 1-8   … …      amends ((12.1.10) for the purpose only of conferring
                       power to make regulations and (1.4.10) for all other
                       purposes), ss. 7 - 11, 13 & 21 of the Social Security Fraud
                       Act 2001 (c. 11)

 Para. 9      … …      amends ((12.1.10) for the purpose only of conferring
                       power to make regulations and (1.4.10) for all other
                       purposes), s. 170 of the Social Security Administration Act
                       1992 (c. 5)

 Para. 10     … …      amends ((12.1.10) for the purpose only of conferring
                       power to make regulations and (1.4.10) for all other
                       purposes), para. 3 to Sch. 3 of the Social Security Act 1998
                       (c. 14)




Supplement No. 95 [June 2011]                The Law Relating to Social Security           2.7801
WELFARE REFORM ACT 2009 (c. 24)
Annex 2
                                                    ANNEX 2

                                     WELFARE REFORM ACT 2009

                                       COMMENCEMENT DATES


                     (a) List of Commencement Orders

                  S.I. No.         Title of Order                          Page No.
                                                                      (if reproduced in
                                                                       these volumes)


                  2010/45          The Welfare Reform Act 2009            13.4301
                                   (Commencement No. 1)
                                   Order 2010

                  2010/293         The Welfare Reform Act 2009            13.4303
                                   (Commencement No. 2 and
                                   Transitory Provision) Order 2010

                  2010/2377        The Welfare Reform Act 2009            13.4307
                                   (Commencement No. 3)
                                   Order 2010




2.7802            Supplement No. 95 [June 2011]             The Law Relating to Social Security
                                                                  WELFARE REFORM ACT 2009 (c. 24)
                                                                                          Annex 2
   (b) dates on which provisions of the Welfare Reform Act 2009 came into force
[Note: In the list below only those sections commenced will be included]

Sections etc. of              Date of Commencement             Commencing
Welfare Reform Act                                             Authority
2009


Section 1                     12th November 2009               Royal Assent

Section 2                     12th November 2009               Royal Assent

Section 8                     12th November 2009               Royal Assent

Section 10                    10th February 2010               2010/293

Section 11                    12th November 2009               Royal Assent

Section 12 (partially)        1st October 2010                 2010/2377

Section 12 (partially)        1st November 2010                2010/2377

Section 13 (partially)        1st October 2010                 2010/2377

Section 13 (partially)        1st November 2010                2010/2377

Section 14 (for the purpose   11th April 2010                  2010/293
of conferring the power to
make regulations)

Section 14 (partially)        15th October 2010                2010/293

Section 14 (for all other     11th April 2011                  2010/293
purposes)

Section 15                    12th January 2010                Royal Assent

Section 23                    12th November 2009               Royal Assent

Section 24 (for the purpose   12th January 2010                2010/45
of conferring the power to
make regulations)

Section 24 (for all other     1st April 2010                   2010/45
purposes)

Section 26                    22nd March 2010                  2010/293

Section 27                    12th November 2009               Royal Assent

Section 28                    12th November 2009               Royal Assent

Section 32 (partially)        9th March 2011                   2011/682

Section 33 (for the purpose   10th February 2010               2010/293
of conferring the power to
make regulations)

Section 33 (for all other     6th April 2010                   2010/293
purposes)


Supplement No. 95 [June 2011]                  The Law Relating to Social Security         2.7803
WELFARE REFORM ACT 2009 (c. 24)
Annex 2


                   Sections etc. of                 Date of Commencement             Commencing
                   Welfare Reform Act                                                Authority
                   2009

                   Section 34                       12th January 2010                Royal Assent

                   Section 35                       10th February 2010               2010/293

                   Section 37                       12th November 2009               Royal Assent

                   Section 38 to 50                 12th January 2010                Royal Assent

                   Section 55(3) and                14th January 2010                2010/45
                   section 55(1) (in so far as it
                   relates to section 55(3))

                   Section 57                       12th November 2009               Royal Assent

                   Section 58(1) (partially)        22nd March 2010                  2010/293

                   Section 58(1) (partially)        1st April 2010                   2010/293

                   Section 58(2) & (3)              12th January 2010                Royal Assent

                   Section 59                       12th November 2009               Royal Assent

                   Section 60                       12th November 2009               Royal Assent

                   Section 61                       12th November 2009               Royal Assent

                   Section 62                       12th November 2009               Royal Assent

                   Schedule 3                       12th November 2009               Royal Assent

                   Section 4 (for the purpose       12th January 2010                2010/45
                   of conferring the power to
                   make regulations)

                   Section 4 (for all other         1st April 2010                   2010/45
                   purposes)

                   Section 15                       12th January 2010                Royal Assent

                   Part 2 of Schedule 7             12th January 2010                Royal Assent
                   (partially)

                   Part 3 of Schedule 7             22nd March 2010                  2010/293
                   (partially)

                   Part 3 of Schedule 7             1st April 2010                   2010/293
                   (partially)




2.7804 (–2.8000)   Supplement No. 95 [June 2011]                     The Law Relating to Social Security
                                               NATIONAL INSURANCE CONTRIBUTIONS ACT 2011 (c. 3)




             National Insurance
           Contributions Act 2011
                                CHAPTER 3

                                CONTENTS

                                    P ART 1
                           INCREASES IN RATES

  1. Class 1 contributions
  2. Class 4 contributions
  3. Increased product of additional rates to be paid into National Insurance
     Fund




                                    P ART 2
  REGIONAL SECONDARY CONTRIBUTIONS HOLIDAY FOR NEW
                     BUSINESSES

  4.    Holiday for new businesses
  5.    Starting a new business
  6.    Qualifying employees
  7.    The appropriate amount
  8.    Making of deductions or refunds
  9.    Retention of records
  10.   Anti-avoidance
  11.   Interpretation of Part 2




                                    P ART 3
                                 GENERAL
  12.   Abbreviations of Acts
  13.   Commencement
  14.   Extent
  15.   Short title




Supplement No. 95 [June 2011]                 The Law Relating to Social Security        2.8001
NATIONAL INSURANCE CONTRIBUTIONS ACT 2011 (c. 3)
Ss. 1-4

                   An Act to make provision for and in connection with increasing rates of national
                       insurance contributions and a regional secondary Class 1 contributions holiday
                       for new businesses.                                       [22nd March 2011]

                   Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
                         consent of the Lords Spiritual and Temporal, and Commons, in this present
                         Parliament assembled, and by the authority of the same, as follows:–


                                                                        PART 1
                                                           INCREASES IN RATES

                     1 & 2(1) . . . . . . . . . . . . . . . . . . . . . . . . . . .   amends 1992 (c. 4), see annex 1, page 2.8051

                     2(2) & 3 . . . . . . . . . . . . . . . . . . . . . . . . . . .   amends 1992 (c. 5), see annex 1, page 2.8051



                                                                        PART 2
                       REGIONAL SECONDARY CONTRIBUTIONS HOLIDAY FOR
                                      NEW BUSINESSES

Holiday for new      4.—(1) This section applies where–
businesses
                       (a) a person, or a number of persons in partnership, (“P”) starts a new business
                           during the relevant period,
                       (b) the principal place at which the new business is carried on when it is started
                           is not in any of the excluded regions, and
                       (c) one or more persons are qualifying employees in relation to the new business.

                     (2) The appropriate amount in respect of each qualifying employee may be–
                       (a) deducted from Class 1 contributions payments which P is liable to make, or
                       (b) refunded to P.

                     (3) Section 5 defines what is meant by “starting a new business”.

                     (4) “The relevant period” is the period–
                       (a) beginning with 22 June 2010, and
                       (b) ending with 5 September 2013.

                     (5) “The excluded regions” are Greater London, the South East Region and the
                   Eastern Region.

                     (6) Section 6 specifies when a person is a qualifying employee in relation to a new
                   business.

                     (7) Section 7 specifies what is the appropriate amount in respect of a qualifying
                   employee.

                     (8) Section 8 explains how a deduction or refund is made.

                     (9) Section 9 makes provision requiring the retention of records.

                     (10) Section 10 contains an anti-avoidance rule.

                     (11) Section 11 makes provision for the interpretation of this Part.




2.8002             Supplement No. 95 [June 2011]                                        The Law Relating to Social Security
                                                    NATIONAL INSURANCE CONTRIBUTIONS ACT 2011 (c. 3)
                                                                                                                Ss. 5-6

  5.—(1) P “starts” a new business when P begins to carry on a new business.                   Starting a new business

  (2) A business is not a “new” business if–
    (a) P has, at any time during the period of 6 months ending with the time when
         P begins to carry it on, carried on another business consisting of the activities
         of which the business consists (or most of them), or
    (b) P carries it on as a result of a transfer (within the meaning of subsection (3)).

  (3) P carries on a business as a result of a transfer if P begins to carry on the business
on another person ceasing to carry on the activities of which it consists (or most of
them) in consequence of arrangements involving P and the other person.

  (4) For the purposes of subsection (3) P is to be taken to begin to carry on a business
on another person ceasing to carry on such activities if–
    (a) the business begins to be carried on by P otherwise than in partnership on
         such activities ceasing to be carried on by persons in partnership, or
    (b) P is a number of persons in partnership who begin to carry on the business on
         such activities ceasing to be carried on–
          (i) by a person, or a number of persons, otherwise than in partnership,
         (ii) by persons in a partnership not consisting only of all the persons
              constituting P, or
        (iii) partly as mentioned in sub-paragraph (i) and partly as mentioned in
              sub-paragraph (ii).

  (5) P is not to be regarded as starting a new business by beginning to carry on a
business if–
    (a) before P begins to carry on the business, P is a party to arrangements under
         which P may (at any time during the relevant period) carry on as part of the
         business activities carried on by any other person, and
    (b) the business would have been prevented by subsection (2)(b) from being a
         new business had–
           (i) P begun to carry on the activities when beginning to carry on the
               business, and
          (ii) the other person at that time ceased to carry them on.

  (6) In this section “business” means something which is–
    (a) a trade, profession or vocation for the purposes of the Income Tax Acts or the
         Corporation Tax Acts,
    (b) a property business (within the meaning of section 263(6) of the Income Tax
         (Trading and Other Income) Act 2005), or
    (c) an investment business (that is, a business consisting wholly or partly of
         making investments).

  6.—(1) A person is a “qualifying employee” in relation to a new business if–                 Qualifying employees
    (a) the person first becomes employed as an employed earner for the purposes of
        the new business before the end of the initial period, and
    (b) P is the secondary contributor in relation to any payment of earnings to or
        for the benefit of the person in respect of the employment at any time during
        the period that is the holiday period in relation to the person.

  (2) Where (apart from this subsection) there would be more than 10 qualifying
employees, only the first 10 persons who become qualifying employees are qualifying
employees.

  (3) The “initial period” means the period of one year beginning with–
    (a) the date on which P starts the new business, or


Supplement No. 95 [June 2011]                     The Law Relating to Social Security                          2.8003
NATIONAL INSURANCE CONTRIBUTIONS ACT 2011 (c. 3)

Ss. 6-8
                              (b) if earlier, the first date on which a person first becomes employed as an
                                  employed earner for the purposes of the new business,

                          but if the first date on which a person first becomes employed as an employed earner
                          for the purposes of the new business is before 22 June 2010, the person is to be taken
                          for the purposes of paragraph (b) as first so employed on that date.

                            (4) The “holiday period”, in relation to a person, is the period–
                              (a) beginning with the day on which the person first becomes employed as an
                                  employed earner for the purposes of the new business or, if the person first
                                  becomes so employed before 6 September 2010, with that date, and
                              (b) ending with the earlier of–
                                    (i) the end of the period of one year beginning with the day on which it
                                        begins, and
                                   (ii) the end of the relevant period.

                            (5) None of the following has effect for the purposes of this Part–
                              (a) the Social Security Contributions (Intermediaries) Regulations 2000 (S.I.
                                  2000/727) and the Social Security Contributions (Intermediaries) (Northern
                                  Ireland) Regulations 2000 (S.I. 2000/728) (which provide in certain cases
                                  for an intermediary to be treated as the secondary contributor in relation to
                                  the payment of earnings), and
                              (b) the Social Security Contributions (Managed Service Companies) Regulations
                                  2007 (S.I. 2007/2070) (which provide in certain cases for a managed service
                                  company to be treated as the secondary contributor in relation to the payment
                                  of earnings).

The appropriate amount      7.—(1) The appropriate amount in respect of a qualifying employee is the relevant
                          amount of secondary Class 1 contributions.

                            (2) “The relevant amount of secondary Class 1 contributions” is the amount of
                          secondary Class 1 contributions which P is liable to pay in respect of relevant earnings.

                            (3) “Relevant earnings” are earnings paid to or for the benefit of the qualifying
                          employee, in respect of employment as an employed earner for the purposes of the new
                          business, at any time during the holiday period when the principal place at which the
                          business is carried on is not in any of the excluded regions.

                            (4) But if (apart from this subsection) the relevant amount of secondary Class 1
                          contributions would exceed £5,000, it is the first £5,000 which P becomes liable to
                          pay.

                            (5) In the case of a qualifying employee who is a mariner, the reference in subsection
                          (3) to earnings paid at any time during the holiday period includes, in relation to
                          earnings paid for a voyage beginning in the holiday period but ending after it, earnings
                          earned in the part of the voyage period falling within the holiday period.

                          “Mariner” and “voyage period” have the meaning given by regulation 115 of the
                          2001 Regulations.

                             (6) If P is liable to pay secondary Class 1 contributions at the contracted-out rate, P
                          is to be treated for the purposes of subsection (2) as liable to pay them at the non-
                          contracted-out rate; and for this purpose “contracted-out rate” and “non-contracted-
                          out rate” have the same meaning as in the 2001 Regulations.

Making of deductions or      8.—(1) To the extent that the appropriate amount is attributable to secondary Class
refunds                   1 contributions payable in respect of earnings paid in a tax year it may be deducted
                          from any one or more Class 1 contributions payments made by P in respect of that tax
                          year.


2.8004 (–2.8020)          Supplement No. 95 [June 2011]                    The Law Relating to Social Security
                                                  NATIONAL INSURANCE CONTRIBUTIONS ACT 2011 (c. 3)
                                                                                                             Ss. 8-10
   (2) If the amount which P would be entitled to deduct under this section exceeds
the amount of the payments from which it can be deducted, HMRC must instead
refund the excess to P if P requests them to do so.

  (3) No deduction or refund may be made under this section until an application has
been submitted to, and granted by, HMRC.

  (4) An application must contain such information, and must be made in such form
and manner, as is specified by HMRC.

   (5) No application may be made for a refund in respect of a qualifying employee
after the end of the period of 4 years beginning with the day on which the last deduction
could be made in respect of the qualifying employee.

  (6) For the purposes of–
    (a) Part 2 of the Social Security Contributions (Transfer of Functions, etc.) Act
         1999, and
    (b) Part 3 of the Social Security Contributions (Transfer of Functions, etc.)
         (Northern Ireland) Order 1999 (S.I. 1999/671),

(decisions and appeals), the decisions to which this subsection applies are decisions
of an officer of Revenue and Customs under section 8 of that Act or Article 7 of that
Order.

  (7) Subsection (6) applies to–
    (a) a decision whether P is or was entitled to make a deduction under this section
        and, if so, the amount that P is or was entitled to deduct, and
    (b) a decision whether P is entitled to a refund under this section and, if so, the
        amount of the refund.

  9.—(1) This section applies where P is or was entitled to make a deduction under          Retention of records
section 8 in respect of a qualifying employee.

  (2) P must keep and preserve any documents or records relating to–
    (a) P’s entitlement to make a deduction in respect of the employee, and
    (b) the calculation of any amount that has been, or could have been, deducted,

for not less than 3 years beginning with the date on which the last deduction under
section 8 is, or could be, made in respect of the employee.

  (3) Accordingly, the duty imposed by paragraph 26(1) of Schedule 4 to the 2001
Regulations (retention by employer of contribution and election records) does not
apply to any such documents or records.

   (4) The duty imposed by this section may be discharged by preserving the documents
or records in any form or by any means.

  (5) For the purposes of Schedule 36 to the Finance Act 2008 (information and
inspection powers), as applied by section 110ZA of SSAA 1992 and section 104ZA of
SSA(NI)A 1992, the duty imposed by this section is to be treated as if it were a duty
imposed under or by virtue of SSCBA 1992 or SSCB(NI)A 1992.

   10.—(1) This Part does not apply if P starts the new business pursuant to avoidance      Anti-avoidance
arrangements.

   (2) Arrangements are “avoidance arrangements” if the main purpose, or one of the
main purposes, of P in being a party to them is to secure that activities which might
otherwise have been carried on as part of another business (whether by P or any other
person) are carried on by P as part of the new business in order to obtain deductions or
refunds (or increased deductions or refunds) under this Part.

Supplement No. 95 [June 2011]                    The Law Relating to Social Security                         2.8021
NATIONAL INSURANCE CONTRIBUTIONS ACT 2011 (c. 3)
Ss. 11-15
Interpretation of Part 2     11.—(1) In this Part–
                               “the 2001 Regulations” means the Social Security (Contributions) Regulations
                               2001 (S.I. 2001/1004);
                               “the appropriate amount” is to be read in accordance with section 7;
                               “arrangements” includes any agreement, understanding, scheme, transaction or
                               series of transactions (whether or not legally enforceable);
                               “Class 1 contributions payments” means payments under–
                               (a) paragraph 10 of Schedule 4 to the 2001 Regulations (monthly payments), or
                               (b) paragraph 11 of that Schedule (quarterly payments);
                               “the Eastern Region” means-
                               (a) the counties of Bedford, Cambridgeshire, Central Bedfordshire, Essex,
                                    Hertfordshire, Norfolk and Suffolk, and
                               (b) the non-metropolitan districts of Luton, Peterborough, Southend-on-Sea and
                                    Thurrock;
                               “the excluded regions” has the meaning given by section 4(5);
                               “HMRC” means the Commissioners for Her Majesty’s Revenue and Customs;
                               “holiday period” has the meaning given by section 6(4);
                               “qualifying employee” has the meaning given by section 6;
                               “the relevant period” has the meaning given by section 4(4);
                               “the South East Region” means–
                               (a) the counties of Buckinghamshire, East Sussex, Hampshire, the Isle of Wight,
                                    Kent, Oxfordshire, Surrey and West Sussex, and
                               (b) the non-metropolitan districts of Bracknell Forest, Brighton and Hove,
                                    Medway, Milton Keynes, Portsmouth, Reading, Slough, Southampton, West
                                    Berkshire, Windsor and Maidenhead and Wokingham.

                             (2) Expressions used in this Part and in Part 1 of SSCBA 1992 or SSCB(NI)A 1992
                           have the same meaning for the purposes of this Part as they have for the purposes of
                           that Part.


                                                               PART 3
                                                               GENERAL

Abbreviations of Acts        12. In this Act–
                              “SSAA 1992” means the Social Security Administration Act 1992;
                              “SSA(NI)A 1992” means the Social Security Administration (Northern Ireland)
                              Act 1992;
                              “SSCBA 1992” means the Social Security Contributions and Benefits Act 1992;
                              “SSCB(NI)A 1992” means the Social Security Contributions and Benefits
                              (Northern Ireland) Act 1992.

Commencement                 13.—(1) Part 1 comes into force on 6 April 2011.

                             (2) Part 2 and this Part come into force on the day on which this Act is passed.

Extent                      14.—(1) The amendments made by Part 1 have the same extent as the provisions to
                           which they relate.

                             (2) Part 2 and this Part extend to England and Wales, Scotland and Northern Ireland.

Short title                  15. This Act may be cited as the National Insurance Contributions Act 2011.




2.8022 (–2.8050)           Supplement No. 95 [June 2011]                  The Law Relating to Social Security
                                              NATIONAL INSURANCE CONTRIBUTIONS ACT 2011 (c. 3)
                                                                                    Annexes 1 & 2


                                 ANNEX 1

                            LIST OF OMISSIONS
  The following provisions have been omitted from the text for the reasons stated
below:–

s. 1   … … … amends ss. 8(2) & 9(2) of the SS Contributions & Benefits Act 1992
             (c. 4)

s. 2(1) … … … amends s. 15(3ZA) of the SS Contributions & Benefits Act 1992
              (c. 4)

s. 2(2) … … … amends s. 143(4)(b) of the SS Administration Act 1992 (c. 5)

s. 3   … … … amends s. 162(5) of the SS Administration Act 1992 (c. 5)


                                 ANNEX 2

                         COMMENCEMENT DATES

Sections of SS               National Insurance               Date of
Commencing                   Contributions Act 2011           commencement
authority


Sections 1 - 3               6 April 2011                     Royal Assent

Sections 4 - 15              22 March 2011                    Royal Assent




Supplement No. 95 [June 2011]                The Law Relating to Social Security          2.8051
2.8052 (–2.9990)   Supplement No. 95 [June 2011]   The Law Relating to Social Security
                                             Page Check-List
VOLUME 2: SUPPLEMENT No. 95

I.I. means Initial Issue                                                  Supp. means Supplement No

The up-to-date issue for each page in this volume is as follows


 Pages                     up-to-date   Pages               up-to-date    Pages              up-to-date
                           issue                            issue                            issue

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2.11 - 2.100                Supp. 95    2.2615 - 2.2620        Supp. 84   2.2907 - 2.2916     Supp. 95
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2.2123 - 2.2124             Supp. 34    2.2679 - 2.2680        Supp. 94   2.2981 - 2.3100     Supp. 76
2.2125 - 2.2150             Supp. 32    2.2681 - 2.2692        Supp. 92   2.3101 - 2.3150     Supp. 93
2.2151 - 2.2154             Supp. 30    2.2693 - 2.2694        Supp. 48   2.3151 - 2.3234     Supp. 21
2.2155 - 2.2164             Supp. 34    2.2695 - 2.2696        Supp. 53   2.3235 - 2.3400     Supp. 44
2.2165 - 2.2174             Supp. 30    2.2697 - 2.2708        Supp. 21   2.3401 - 2.3410     Supp. 77
2.2175 - 2.2220             Supp. 21    2.2709 - 2.2710        Supp. 48   2.3411 - 2.3450     Supp. 30
2.2221 - 2.2224             Supp. 34    2.2711 - 2.2712        Supp. 92   2.3451 - 2.3452     Supp. 78
2.2225 - 2.2226             Supp. 30    2.2713 - 2.2714        Supp. 77   2.3453 - 2.3460     Supp. 80
2.2227 - 2.2260             Supp. 24    2.2715 - 2.2726        Supp. 80   2.3461 - 2.3474     Supp. 56
2.2261 - 2.2274             Supp. 34    2.2727 - 2.2728        Supp. 84   2.3475 - 2.3480     Supp. 80
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2.2321 - 2.2322             Supp. 80    2.2731 - 2.2738        Supp. 94   2.3485 - 2.3486     Supp. 80
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2.2501 - 2.2504             Supp. 93    2.2741 - 2.2742        Supp. 80   2.3497 - 2.3498     Supp. 76
2.2505 - 2.2506             Supp. 92    2.2743 - 2.2746        Supp. 84   2.3499 - 2.3514     Supp. 56
2.2507 - 2.2522             Supp. 93    2.2747 - 2.2756        Supp. 80   2.3515 - 2.3516     Supp. 80
2.2523 - 2.2524             Supp. 80    2.2757 - 2.2758        Supp. 84   2.3517 - 2.3600     Supp. 39
2.2525 - 2.2526             Supp. 93    2.2759 - 2.2762        Supp. 79   2.3601 - 2.3622     Supp. 30
2.2527 - 2.2528             Supp. 94    2.2763 - 2.2764        Supp. 94   2.3623 - 2.3710     Supp. 31
2.2529 - 2.2532             Supp. 95    2.2765 - 2.2772        Supp. 88   2.3711 - 2.3716     Supp. 77
2.2533 – 2.2536             Supp. 93    2.2773 - 2.2774        Supp. 77   2.3717 - 2.3750     Supp. 33
2.2537 - 2.2548             Supp. 92    2.2775 - 2.2776        Supp. 93   2.3751 - 2.3764     Supp. 35
2.2549 - 2.2550             Supp. 62    2.2777 - 2.2788        Supp. 91   2.3765 - 2.3766     Supp. 54
2.2551 - 2.2552             Supp. 77    2.2789 - 2.2790        Supp. 35   2.3767 - 2.3820     Supp. 35
2.2553 - 2.2564             Supp. 91    2.2791 - 2.2792        Supp. 94   2.3821 - 2.3822     Supp. 54
2.2565 - 2.2566             Supp. 90    2.2793 - 2.2794        Supp. 80   2.3823 - 2.3850     Supp. 36
2.2567 - 2.2574             Supp. 80    2.2795 - 2.2808        Supp. 77   2.3851 - 2.3852     Supp. 56
2.2575 - 2.2576             Supp. 92    2.2809 - 2.2810        Supp. 80   2.3853 - 2.3854     Supp. 83
2.2577 - 2.2578             Supp. 84    2.2811 - 2.2864        Supp. 93   2.3855 - 2.5000     Supp. 80
2.2579 - 2.2584             Supp. 76    2.2865 - 2.2866        Supp. 80   2.5001 - 2.5002     Supp. 79
2.2585 - 2.2586             Supp. 77    2.2867 - 2.2868        Supp. 90   2.5003 - 2.5004     Supp. 76
2.2587 - 2.2588             Supp. 93    2.2869 - 2.2876        Supp. 94   2.5005 - 2.5016     Supp. 93
2.2589 - 2.2590             Supp. 84    2.2877 - 2.2884        Supp. 80   2.5017 - 2.5024     Supp. 50
2.2591 - 2.2596             Supp. 93    2.2885 - 2.2886        Supp. 93   2.5025 - 2.5050     Supp. 47
2.2597 - 2.2598             Supp. 84    2.2887 - 2.2890        Supp. 80   2.5051 - 2.5052     Supp. 62
2.2599 - 2.2600             Supp. 94    2.2891 - 2.2896        Supp. 93   2.5053 - 2.5054     Supp. 50
2.2601 - 2.2604             Supp. 80    2.2897 - 2.2900        Supp. 80   2.5055 - 2.5074     Supp. 80
2.2605 - 2.2606             Supp. 92    2.2901 - 2.2902        Supp. 72   2.5075 - 2.5076     Supp. 50
2.2607 - 2.2610             Supp. 85    2.2903 - 2.2904        Supp. 60   2.5077 - 2.5078     Supp. 62



Supplement No. 95 [June 2011]                The Law Relating to Social Security            2.9991
                                            Page Check-List
VOLUME 2: SUPPLEMENT No. 95

I.I. means Initial Issue                                                  Supp. means Supplement No

The up-to-date issue for each page in this volume is as follows


 Pages                     up-to-date   Pages               up-to-date   Pages                up-to-date
                           issue                            issue                             issue


2.5079 - 2.5086             Supp. 50
2.5087 - 2.5088             Supp. 68
2.5089 - 2.5090             Supp. 47
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2.5115 - 2.5122             Supp. 48
2.5123 - 2.5126             Supp. 50
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2.5151 - 2.6000             Supp. 55
2.6001 - 2.6004             Supp. 50
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2.7795 - 2.9992             Supp. 95



2.9992                Supplement No. 95 [June 2011]               The Law Relating to Social Security
           ALPHABETICAL LIST OF STATUTORY INSTRUMENTS

SI No.                                                     Title                                                  Page
2008/636       The Social Security (Contributions) (Amendment
                 No. 3) Regulations 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1525
2008/1431 The Social Security (Contributions) (Amendment
            No. 4) Regulations 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1529
2008/2624 The Social Security (Contributions) (Amendment
            No. 5) Regulations 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1535
2009/111       The Social Security (Contributions) (Amendment)
                 Regulations 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1541
2009/591       The Social Security (Contributions) (Amendment
                 No. 2) Regulations 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1551
2009/600       The Social Security (Contributions) (Amendment
                 No. 3) Regulations 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1553
2009/2028 The Social Security (Contributions) (Amendment
            No. 4) Regulations 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1701
2010/834       The Social Security (Contributions) (Amendment)
                 Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1721
2010/188       The Social Security (Contributions) (Amendment
                 No. 2) Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1723
2010/646       The Social Security (Contributions) (Amendment
                 No. 3) Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1725
2010/721       The Social Security (Contributions) (Amendment
                 No. 4) Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1727
2011/225       The Social Security (Contributions) (Amendment)
                 Regulations 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1741
2003/499       The Social Security Contributions and Benefits
                 Act 1992 (Application of Parts 12ZA and 12ZB to
                 Adoptions from Overseas) Regulations 2003 . . . . . . . . . . . . . . 3.1801
2010/153       The Social Security Contributions and Benefits
                 Act 1992 (Application of Parts 12ZA and 12ZB to
                 Adoptions from Overseas) Regulations 2003
                 (Amendment) Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . 3.1901
1977/622       The Social Security (Contributions)
                 (Employment Protection) Regulations 1977 . . . . . . . . . . . . 3.2001
2000/727       The Social Security Contributions (Intermediaries)
                 Regulations 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2011
2003/2079 The Social Security Contributions (Intermediaries)
            (Amendment) Regulations 2003 . . . . . . . . . . . . . . . . . . . . . . . . . 3.2033
2005/3131 The Social Security Contributions (Intermediaries)
            (Amendment) Regulations 2005 . . . . . . . . . . . . . . . . . . . . . . . . . 3.2037
2007/2070 The Social Security Contributions (Managed
            Service Companies) Regulations 2007 . . . . . . . . . . . . . . . . . 3.2045
2000/747       The Social Security Contributions (Notional
                 Payment of Primar y Class 1 Contribution)
                 Regulations 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2051
2000/755       The Social Security (Contributions) (Re-rating
                 and National Insurance Fund Payments)
                 Order 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2113
2005/878       The Social Security (Contributions) (Re-rating
                 and National Insurance Funds Payments) Order 2005 . . . . . 3.2133
2006/624       The Social Security (Contributions) (Re-rating
                 and National Insurance Funds Payments)
                 Order 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2137

Supplement No. 95 [June 2011]                                      The Law Relating to Social Security                       3.13
                  ALPHABETICAL LIST OF STATUTORY INSTRUMENTS

       SI No.                                                        Title                                                      Page
       2008/579        The Social Security (Contributions) (Re-rating)
                         Order 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2143
       2008/703        The Social Security (Contributions) (Re-rating)
                          Consequential Amendment Regulations 2008 . . . . . . . . . . . . 3.2147
       2009/593        The Social Security (Contributions) (Re-rating)
                         Order 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2149
       2009/696        The Social Security (Contributions) (Re-rating)
                         Consequential Amendment Regulations
                         2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2151
       2001/769        The Social Security (Crediting and Treatment
                         of Contr ibutions, and National Insurance
                         Numbers) Regulations 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2201
       2004/1361 The Social Security (Crediting and Treatment
                   of Contributions, and National Insurance
                   Numbers) Amendment Regulations 2004 . . . . . . . . . . . . . . . . . 3.2261
       1975/566       The Social Security (Credits) Regulations 1975 . . . . . . . . . . . . . 3.2351
       1988/1545 The Social Security (Credits) Amendment (No. 4)
                   Regulations 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2401
       2010/385        The Social Security (Credits) (Amendment)
                         Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2421
       1996/2367 The Social Security (Credits and Contributions)
                   (Jobseeker’s Allowance Consequential and
                   Miscellaneous Amendments) Regulations 1996 . . . . . . . . . . . 3.2403
       2005/453        The Social Security (Deferral of Retirement
                         Pensions) Regulations 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2441
       2011/634        The Social Security (Deferral of Retirement
                         Pensions) Regulations 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2447
       2011/786        The Social Security (Deferral of Retirement
                         Pensions) (Amendment) Regulations 2011 . . . . . . . . . . . . . . 3.2453
       2005/2677 The Social Security (Deferral of Retirement
                   Pensions, Shared Additional Pensions and
                   Graduated Retirement Benefit) (Miscellaneous
                   Provisions) Regulations 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2461
       1977/343        The Social Security Benefit (Dependency)
                         Regulations 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2501
       1984/1698 The Social Security Benefit (Dependency)
                   Amendment Regulations 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2651
       1992/3041 The Social Security Benefit (Dependency)
                   Amendment Regulations 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2667
       1991/2890 The Social Security (Disability Living
                   Allowance) Regulations 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2701
       2010/1651 The Social Security (Disability Living
                   Allowance) (Amendment) Regulations 2010 . . . . . . . . . . . . 3.2751
       1991/1746 The Disability Living Allowance Advisory
                   Board Regulations 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2761
       2000/3188 The Social Security (Disclosure of State
                   Pension Information) Regulations 2000 . . . . . . . . . . . . . . . 3.2781
       1979/676        The Social Security (Earnings Factor)
                         Regulations 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2801
       2003/608        The Social Security (Earnings Factor)
                         Amendment Regulations 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2851
       1995/2559 The Social Security (Effect of Family Credit
                   on Earnings Factors) Regulations 1995 . . . . . . . . . . . . . . . . 3.2941

3.14   Supplement No. 95 [June 2011]                                         The Law Relating to Social Security
             ALPHABETICAL LIST OF STATUTORY INSTRUMENTS

SI No.                                                        Title                                                  Page
1996/195         The Employer’s Contributions
                   Reimbursement Regulations 1996 . . . . . . . . . . . . . . . . . . . . . . . 3.2951
1988/1409 The Social Security (Employment Training:
            Payments) Order 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2981
1988/529          The Social Security (Financial Adjustments)
                    Order 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3051
1982/1408 The Social Security (General Benefit) Regulations
            1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3201
1978/391         The Social Security (Graduated Retirement
                   Benefit) Regulations 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3701
1978/393         The Social Security (Graduated Retirement
                   Benefit) (No. 2) Regulations 1978 . . . . . . . . . . . . . . . . . . . . . . . 3.3703
2005/454         The Social Security (Graduated Retirement
                   Benefit) Regulations 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3721
1975/515         The Social Security (Guardian’s Allowances)
                   Regulations 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3851
1978/508         The Social Security Pensions (Home Responsi-
                   bilities and Miscellaneous Amendments)
                   Regulations 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4051
1994/704         The Social Security Pensions (Home Responsi-
                   bilities) (Amendment) Regulations 1994 . . . . . . . . . . . . . . . . 3.4055
2001/1323 The Additional Pension and Social Security Pensions
            (Home Responsibilities) (Amendment)
            Regulations 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4065
2005/3360 The Social Security (Hospital In-Patients)
            Regulations 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4081
2002/491         The Social Security (Incapacity) (Miscellaneous
                   Amendments) Regulations 2002 . . . . . . . . . . . . . . . . . . . . . . . . . 3.4451
1994/2946 The Social Security (Incapacity Benefit)
            Regulations 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4171
2000/3120 The Social Security (Incapacity Benefit)
            Miscellaneous Amendments Regulations 2000 . . . . . . . . . . . . 3.4193
1995/829         The Social Security (Incapacity Benefit)
                   (Consequential and Transitional Amendments
                   and Savings) Regulations 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4211
1994/2945 The Social Security (Incapacity Benefit -
            Increases for Dependants) Regulations 1994 . . . . . . . . . . . 3.4225
1995/310         The Social Security (Incapacity Benefit) (Tran-
                   sitional) Regulations 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4261
2003/2439 The Social Security (Incapacity Benefit Work-
            focused Interviews) Regulations 2003 . . . . . . . . . . . . . . . . . 3.4301
2008/2928 The Social Security (Incapacity Benefit Work-
            focused Inter views) Regulations 2008 . . . . . . . . . . . . . . . . . 3.4325
2009/1541 The Social Security (Incapacity Benefit Work-
            focused Interviews) (Amendment)
            Regulations 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4351
1995/311         The Social Security (Incapacity for Work)
                   (General) Regulations 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4381
2006/757         The Social Security (Incapacity for Work)
                   Amendment Regulations 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4419
1997/1009 The Social Security (Incapacity for Work and
            Severe Disablement Allowance) Amendment
            Regulations 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4441

Supplement No. 95 [June 2011]                                         The Law Relating to Social Security                       3.15
                            ALPHABETICAL LIST OF STATUTORY INSTRUMENTS

               SI No.                                                       Title                                                 Page
               1991/2891 The Social Security (Introduction of Disability
                           Living Allowance) Regulations 1991 . . . . . . . . . . . . . . . . . . . 3.4491
               1976/409         The Social Security (Invalid Care Allowance)
                                  Regulations 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4531
               1995/2935 The Social Security (Invalid Care Allowance)
                           Amendment Regulations 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4561
               1996/2744 The Social Security (Invalid Care Allowance)
                           Amendment Regulations 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4563
               2009/610         The Social Security Pensions (Low Ear nings
                                  Threshold) Order 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4615
               2010/468         The Social Security Pensions (Low Ear nings
                                  Threshold) Order 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4617
               2011/477         The Social Security Pensions (Low Ear nings
                                  Threshold) Order 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4651
               1975/529         The Social Security (Mariners’ Benefits)
                                  Regulations 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4901
               1975/552         The Social Security (Mariners - Transitional
                                  Provisions) Regulations 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4971
               1975/562         The Social Security Benefit (Married Women
                                  and Widows) (Amendments and Transitional
                                  Provisions) Regulations 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5101
               1974/2010 The Social Security (Benefit) (Married Women
                           and Widows Special Provisions) Regulations
                           1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5201
               1987/416         The Social Security (Mater nity Allowance)
                                  Regulations 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5401
               2000/688         The Social Security (Mater nity Allowance)
                                  (Ear nings) Regulations 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5421
               1987/417         The Social Security (Mater nity Allowance)
                                  (Work Abroad) Regulations 1987 . . . . . . . . . . . . . . . . . . . . . . . 3.5451
               1987/406         The Mater nity Pay and Maternity Allowance
                                  (Transitional) Regulations 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5501
               2010/426         The Social Security (Maximum Additional
                                  Pension) Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5601
               1976/615         The Social Security (Medical Evidence)
                                  Regulations 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5751
               1975/493         The Social Security (Benefit) (Members of the
                                  Forces) Regulations 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5901
               1975/566         The Social Security (Miscellaneous A m e n d -
                                  ments and Transitional Provisions)
                                  Regulations 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6051
               1975/458         The Social Security (Miscellaneous and Conse-
                                  quential Provisions) Regulations 1975 . . . . . . . . . . . . . . . . . 3.6201
               1989/893         The Social Security Miscellaneous Provisions
                                  Regulations 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6251
               2003/737         The Social Security Contributions and Benefits Act
                                  1992 (Modifications for Her Majesty’s Forces
                                  and Incapacity Benefit) Regulations 2003 . . . . . . . . . . . . . . 3.6301
               2009/659         The Social Security (Additional Class 3 National
                                  Insurance Contributions) Amendment
                                  Regulations 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6351


3.16 (–3.22)   Supplement No. 95 [June 2011]                                        The Law Relating to Social Security
            ALPHABETICAL LIST OF STATUTORY INSTRUMENTS

S.I. No.                                                 Title                                                Page
2011/709        The National Insurance Contributions Credits
                  (Miscellaneous Amendments) Regulations 2011 . . . . . . . . . . 3.6401
2008/223        The Social Security (National Insurance
                  Numbers) Amendment Regulations 2008 . . . . . . . . . . . . . . . . 3.6501
2009/471        The Social Security (National Insurance
                  Number Information: Exemption)
                  Regulations 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6461
1987/250        The Social Security (Notification of Deaths)
                  Regulations 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7001
1979/597        The Social Security (Overlapping Benefits)
                  Regulations 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7301
2006/2379 The Statutory Maternity Pay, Social Security
            (Maternity Allowance) and Social Security
            (Overlapping Benefits) (Amendment)
            Regulations 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7371
1975/563        The Social Security Benefit (Persons Abroad)
                  Regulations 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7601
1994/268        The Social Security Benefit (Persons Abroad)
                  Amendment Regulations 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7643
2010/788        The Social Security Benefit (Persons Abroad)
                  (Amendment) Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . 3.7661
1996/30         The Social Security (Persons From Abroad)
                  Miscellaneous Amendments Regulations 1996:
                  see volume 1 page 1.6521.
1977/956        The Social Security Benefit (Persons Residing
                  Together) Regulations 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7751
2010/442        The Social Security (Persons Serving a Sentence
                  of Imprisonment Detained in Hospital)
                   Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7801
1975/561        The Social Security and Family Allowances
                  (Polygamous Marriages) Regulations 1975 . . . . . . . . . . . . 3.7831
1996/1054 The Social Security (Reduced Rates of Class 1
            Contributions) (Salary Related Contracted-out
            Schemes) Order 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7955
1996/1055 The Social Security (Reduced Rates of Class 1
            Contributions and Rebates) (Money Purchase
            Contracted-out Schemes) Order 1996 . . . . . . . . . . . . . . . . . . . 3.7951
1998/945        The Social Security (Reduced Rates of Class 1
                  Contributions and Rebates) (Money Purchase
                  Contracted-out Schemes) Order 1998 . . . . . . . . . . . . . . . . . . . 3.7961
2001/1355 The Social Security (Reduced Rates of Class 1
            Contributions and Rebates) (Money Purchase
            Contracted-out Schemes) Order 2001 . . . . . . . . . . . . . . . . . . . 3.7965
2001/1356 The Social Security (Reduced Rates of Class 1
            Contributions) (Salary Related
            Contracted-out Schemes) Order 2001 . . . . . . . . . . . . . . . . . . . 3.7969
1990/536        The Social Security (Refunds) (Repayment of
                  Contractual Maternity Pay) Regulations 1990 . . . . . . . . . . . . . 3.8001
2005/469        The Social Security (Retirement Pensions etc.)
                  (Transitional Provisions) Regulations 2005 . . . . . . . . . . . . . . . . 3.8051




Supplement No. 95 [June 2011]                                    The Law Relating to Social Security                    3.23
                ALPHABETICAL LIST OF STATUTORY INSTRUMENTS

       SI No.                              Title                                 Page
       1979/832   The Social Security Revaluation of Ear nings
                    Factors Order 1979 (tabular entry only)
       1980/728   The Social Security Revaluation of Ear nings
                    Factors Order 1980 (tabular entry only)
       1981/598   The Social Security Revaluation of Ear nings
                    Factors Order 1981 (tabular entry only)
       1982/607   The Social Security Revaluation of Ear nings
                    Factors Order 1982 (tabular entry only)                    3.8201
       1983/655   The Social Security Revaluation of Ear nings
                    Factors Order 1983 (tabular entry only)
       1984/581   The Social Security Revaluation of Ear nings
                    Factors Order 1984 (tabular entry only)
       1985/688   The Social Security Revaluation of Ear nings
                    Factors Order 1985 (tabular entry only)
       1986/809   The Social Security Revaluation of Ear nings
                    Factors Order 1986 (tabular entry only)
       1987/861   The Social Security Revaluation of Ear nings
                    Factors Order 1987 (tabular entry only)
       1988/867   The Social Security Revaluation of Ear nings                 3.8202
                    Factors Order 1988 (tabular entry only)
       1989/805   The Social Security Revaluation of Ear nings
                    Factors Order 1989 (tabular entry only)
       1990/1412 The Social Security Revaluation of Ear nings
                   Factors Order 1990 (tabular entry only)
       1991/1108 The Social Security Revaluation of Ear nings
                   Factors Order 1991 (tabular entry only)
       1992/1102 The Social Security Revaluation of Ear nings
                                                                               3.8203
                   Factors Order 1992 (tabular entry only)
       1993/1159 The Social Security Revaluation of Ear nings
                   Factors Order 1993 (tabular entry only)
       1994/1105 The Social Security Revaluation of Ear nings
                   Factors Order 1994 (tabular entry only)
       1995/1070 The Social Security Revaluation of Ear nings
                   Factors Order 1995 (tabular entry only)
       1996/1133 The Social Security Revaluation of Ear nings                  3.8204
                   Factors Order 1996 (tabular entry only)
       1997/1117 The Social Security Revaluation of Ear nings
                   Factors Order 1997 (Tabular Entry only)
       1998/1137 The Social Security Revaluation of Ear nings
                   Factors Order 1998 (Tabular Entry only)
       1999/1235 The Social Security Revaluation of Ear nings
                   Factors Order 1999 (Tabular Entry only)                     3.8205

       2000/1365 The Social Security Revaluation of Ear nings
                   Factors Order 2000 (Tabular Entry only)
       2001/631   The Social Security Revaluation of Ear nings
                    Factors Order 2001 (Tabular Entry only)
                                                                               3.8206
       2002/519   The Social Security Revaluation of Ear nings
                    Factors Order 2002 (Tabular Entry only)




3.24   Supplement No. 95 [June 2011]               The Law Relating to Social Security
            ALPHABETICAL LIST OF STATUTORY INSTRUMENTS

SI No.                                                        Title                                                     Page
2003/517        The Social Security Revaluation of Earnings
                  Factors Order 2003 (Tabular Entry only)
                                                                                                                    3.8207
2004/262        The Social Security Revaluation of Earnings
                  Factors Order 2004 (Tabular Entry only)
2005/216        The Social Security Revaluation of Earnings
                  Factors Order 2005 (Tabular Entry only)
                                                                                                                    3.8208
2006/496        The Social Security Revaluation of Earnings
                  Factors Order 2006 (Tabulor Entry only)
2007/781        The Social Security Revaluation of Earnings
                  Factors Order 2007 (Tabular Entry only)
2008/730        The Social Security Revaluation of Earnings
                  Factors Order 2008 (Tabular Entry Only)                                                            3.8209
2009/608        The Social Security Revaluation of Earnings
                   Factors Order 2009 (Tabular Entry Only)
2011/475        The Social Security Revaluation of Earnings
                  Factors Order 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8169
1984/1696 The Social Security (Savings for Existing
            Beneficiaries) Regulations 1984 . . . . . . . . . . . . . . . . . . . . . . . 3.8351
2001/1085 The Social Security (Inherited SERPS)
            (Amendment) Regulations 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 3.8391
1984/1303 The Social Security (Severe Disablement
            Allowance) Regulations 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8451
1989/1687 The Social Security (Severe Disablement
            Allowance (Amendment) and Local
            Councillors Consequential) Regulations 1989 . . . . . . . . . . . . 3.8501
1992/704        The Social Security (Shared Additional Pension)
                  (Miscellaneous) Amendments Regulations
                  1992. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8519
2005/1551 The Social Security (Shared Additional Pension)
            (Miscellaneous Amendments) Regulations 2005 . . . . . . . . . . 3.8541
1974/2192 The Social Security (Short-Term Benefits) (Tran-
            sitional) Regulations 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8601
1999/979        The Social Security Contributions (Transfer of
                  Functions, etc.) (Specification of Contracts)
                  Order 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8671
1994/1230 The Maternity Allowance and Statutory
            Maternity Pay Regulations 1994
            see volume 4, page 4.5451
2009/2206 The Social Security (State Pension and National
            Insurance Credits) Regulations 2009 . . . . . . . . . . . . . . . . . . 3.8701
1988/676        The Social Security (Treasury Supplement to
                  and Allocation of Contributions) (Re-rating)
                  Order 1988 . . . . . . . . . . . . . . . . . . . . see Annex at page 3.1291 et seq
1983/1598 The Social Security (Unemployment, Sickness
             and Invalidity Benefit) Regulations 1983 . . . . . . . . . . . . . . 3.8731
           [Social Security Benefits Up-rating Orders and
           Regulations, see Volume 1]
1978/529        The Social Security (Widow’s and Widower’s
                  Invalidity Pensions) Regulations 1978 . . . . . . . . . . . . . . . . . 3.8961
1987/1692 The Social Security (Widow’s Benefit) Transitional
            Regulations 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8981


Supplement No. 95 [June 2011]                                         The Law Relating to Social Security                          3.25
                       ALPHABETICAL LIST OF STATUTORY INSTRUMENTS



               1979/642   The Social Security (Widow’s Benefit and
                            Retirement Pensions) Regulations 1979 . . . . . . . . . . . . . . . 3.9001
               1979/643   The Social Security (Widow’s Benefit, Retirement
                            Pensions and Other Benefits)
                            (Transitional) Regulations 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . 3.9101




3.26 (–3.70)   Supplement No. 95 [June 2011]                         The Law Relating to Social Security
                CHRONOLOGICAL LIST OF STATUTORY INSTRUMENTS

SI No.                                                    Title                                               Page
2005 3360 The Social Security (Hospital In-Patients) Regulations
            2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4081
2006      496 The Social Security Revaluation of Earning Factors
               Order 2006 (Tabular entry only) . . . . . . . . . . . . . . . . . . . . . . . . 3.8208
          624 The Social Security (Contributions) (Re-rating and
               National Insurance Funds Payments) Order 2006 . . . . . . . . . . 3.2139
          757 The Social Security (Incapacity for Work)
                Amendment Regulations 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4419
         2379 The Statutory Maternity Pay, Social Security (Maternity
              Allowance) and Social Security (Overlapping Benefits)
                (Amendment) Regulations 2006 . . . . . . . . . . . . . . . . . . . . . . . . 3.7371
2007 2070 The Social Security Contributions (Managed
            Service Companies) Regulations 2007 . . . . . . . . . . . . . . . . . . . 3.2045
         2445 The Social Security Act 1989
                (Commencement No. 6) Order 2007 . . . . . . . . . . . . . . . . . . . . . . .3.661
         2613 The Social Security Benefit (Computation of Earnings)
                (Amendment) Regulations 2007 . . . . . . . . . . . . . . . . . . . . . . . . . .3.851
         2875 The Social Security (Attendance Allowance and
                Disability Living Allowance) (Amendment)
                Regulations 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3.303
2008      223 The Social Security (National Insurance Numbers)
               Amendment Regulations 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6501
          579 The Social Security (Contributions) (Re-rating)
                Order 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2143
          636 The Social Security (Contributions) (Amendment No. 3)
               Regulations 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1527
          703 The Social Security (Contributions) (Re-rating)
                Consequential Amendment Regulations 2008 . . . . . . . . . . . . . 3.2147
         1431 The Social Security (Contributions) (Amendment No. 4)
               Regulations 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1531
         2624 The Social Security (Contributions) (Amendment No. 5)
                Regulations 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1535
         2928 The Social Security (Incapacity Benefit Work-focused
                Interviews) Regulations 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4325
2009      111 The Social Security (Contributions) (Amendment)
               Regulations 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1541
          471 The Social Security (National Insurance Number
                Information: Exemption) Regulations 2009 . . . . . . . . . . . . . . 3.6461
          591 The Social Security (Contributions) (Amendment No. 2)
                Regulations 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1551
          593 The Social Security (Contributions) (Re-rating)
               Order 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2149
          600 The Social Security (Contributions) (Amendment No. 3)
               Regulations 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1553
2009      610 The Social Security Pensions (Low Earnings Threshold)
                Order 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4615
          659 The Social Security (Additional Class 3 National
              Insurance
                Contributions) Amendment Regulations 2009 . . . . . . . . . . . . . 3.6351

Supplement No. 95 [June 2011]                                     The Law Relating to Social Security                   3.79
                       CHRONOLOGICAL LIST OF STATUTORY INSTRUMENTS

       SI No.                                                      Title                                                Page

                 696 The Social Security (Contributions) (Re-rating)
                      Consequential Amendment Regulations 2009 . . . . . . . . . . . . . 3.2151
                1541 The Social Security (Incapacity Benefit Work-focused
                      Interviews) (Amendment) Regulations 2009 . . . . . . . . . . . . . . 3.4351
                2028 The Social Security (Contributions) (Amendment No. 4)
                      Regulations 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1701
                2206 The Social Security (State Pension and National
                       Insurance Credits) Regulations 2009 . . . . . . . . . . . . . . . . . . . . 3.8701
                2678 The Social Security Benefit (Computation of Earnings)
                       (Amendment) Regulations 2009 . . . . . . . . . . . . . . . . . . . . . . . . . .3.861
       2010      153 The Social Security Contributions and Benefits Act 1992
                       (Application of Parts 12ZA and 12ZB to Adoptions
                       from Overseas) Regulations 2003 (Amendment)
                       Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1901
                 188 The Social Security (Contributions) (Amendment No. 2)
                       Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1723
                 385 The Social Security (Credits) (Amendment) Regulations
                       2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2421
                 426 The Social Security (Maximum Additional Pension)
                       Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5601
                 442 The Social Security (Persons Serving a Sentence
                       of Imprisonment Detained in Hospital) Regulations 2010 . . . 3.7801
                 468 The Social Security Pensions (Low Earnings Threshold)
                       Order 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4617
                 646 The Social Security (Contributions) (Amendment No. 3)
                       Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1725
                 721 The Social Security (Contributions) (Amendment No. 4)
                       Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1727
                 788 The Social Security Benefit (Persons Abroad) (Amendment)
                       Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7661
                 834 The Social Security (Contributions) (Amendment)
                       Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1721
                1651 The Social Security (Disability Living Allowance)
                       (Amendment) Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . 3.2751
                2446 The Social Security (Contribution Conditions for Jobseeker’s
                       Allowance and Employment and Support Allowance)
                       Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3.955
       2011      225 The Social Security (Contributions) (Amendment)
                       Regulations 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1741
                 475 The Social Security Revaluation of Earnings Factors
                       Order 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8169
                 477 The Social Security Pensions (Low Earnings
                       Threshold) Order 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4651
                 634 The Social Security (Deferral of Retirement Pensions)
                       Regulations 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2447
                 709 The National Insurance Contributions Credits
                       (Miscellaneous Amendments) Regulations 2011 . . . . . . . . . . . 3.6401



3.80   Supplement No. 95 [June 2011]                                       The Law Relating to Social Security
             CHRONOLOGICAL LIST OF STATUTORY INSTRUMENTS

SI No.                                           Title                                      Page
2011     786 The Social Security (Deferral of Retirement Pensions)
               (Amendment) Regulations 2011 . . . . . . . . . . . . . . . . . . . . . . . . 3.2453




Supplement No. 95 [June 2011]                            The Law Relating to Social Security         3.81
                           CHRONOLOGICAL LIST OF STATUTORY INSTRUMENTS

                SI No.                          Title                                 Page




3.82 (–3.110)   Supplement No. 95 [June 2011]           The Law Relating to Social Security
SOCIAL SECURITY (CREDITS) REGULATIONS                                                                       SI 1975/556
                                                                                                               Regs. 2-3
                                                                    1
           (c) if the contributions relevant to that benefit that section are Class 1,          1
                                                                                                 Words in defn. of
                Class 2 and Class 3 contributions, the earnings factor or the aggregate of      “relevant earnings
                                                                                                factor” substituted by
                the earnings factors derived from–                                              reg. 2(2)(d) of S.I.
               (i) earnings 1in respect of which primary contributions have been paid           1996/2367 as from
                   or treated as paid, or credited earnings.                                    7.10.96.

              (ii) Class 2 contributions, and
             (iii) Class 3 contributions paid or credited ;
      2
        “relevant past year” means the last complete year before the beginning of the           2
                                                                                                  Defn. of “relevant past
    relevant benefit year;                                                                      year” inserted by reg.
      3                                                                                         2(2) of S.I. 1988/1545
        “the Welfare Reform Act” means the Welfare Reform Act 2007;                             as from 2.10.88.
      4
        “widowed parent’s allowance” means an allowance referred to in section 39A of           3
                                                                                                  Defns. of “the Welfare
    the Contributions and Benefits Act;                                                         Reform Act” inserted by
      5                                                                                         reg. 48(2)(b)-(f) of S.I.
        “working tax credit” means a working tax credit under section 10 of the Tax             2008/1554 as from
    Credits Act 2002(a);                                                                        27.10.08.
      6                                                                                         4
        “year” means tax year;                                                                    Defn. of “widowed
                                                                                                parent’s allowance”
    and other expressions have the same meanings as in the Act.                                 inserted by reg. 3(2) of
  (2) The rules for the construction of Acts of Parliament contained in the                     S.I. 2000/1483 as from
                                                                                                9.4.01.
Interpretation Act 1889(b) shall apply for the purposes of the interpretation of these          5
                                                                                                  The defn. of “working
regulations as they apply for the purposes of the interpretation of an Act of Parliament.       tax credit” substituted
                                                                                                by reg. 1(a)(ii) of S.I.
  (3) Unless the context otherwise requires, any reference in these regulations–                2003/455 as from
    (a) to a numbered section is a reference to the section of the Act bearing that             7.3.03.
                                                                                                6
        number;                                                                                   Defn. of “year” inserted
                                                                                                by reg. 2(2) of S.I.
    (b) to a numbered regulation is a reference to the regulation bearing that number           1988/1230 as from
        in these regulations, and any reference in a regulation to a numbered                   2.10.88.
        paragraph is a reference to the paragraph of that regulation bearing that
        number;
    (c) to any provision made by or contained in any enactment or instrument shall
        be construed as a reference to that provision as amended or extended by any
        enactment or instrument and as including a reference to any provision which
        it re-enacts or replaces or which may re-enact or replace it with or without
        modification.
  (4) Nothing in these regulations shall be construed as entitling any person to be
credited with contributions for the purposes of any benefit for a day, period or event
occurring before 6th April 1975.

                                                                           7
General provisions relating to the crediting of contributions                  and earnings .   7
                                                                                                  Words added to heading
                                                                                                of reg. 3 by reg. 3(a) of
  3.— 8(1) Any contributions or earnings credited in accordance with these                      S.I. 1987/414 as from
regulations shall be only for the purpose of enabling the person concerned to satisfy–          6.4.87.
                                                                                                8
   9                                                                                              Reg. 3(1) substituted by
    (aa) in relation to short-term incapacity benefit, the second contribution                  reg. 2(3) of S.I. 1996/
           condition specified in paragraph 2(3) of Schedule 3 (contribution conditions         2367 as from 7.10.96.
           for entitlement to benefit) to the Contributions and Benefits Act;                   9
                                                                                                  Words in reg. 3(1)(a)
    (ab) in relation to–                                                                        substituted by reg. 29(2)
                                                                                                of S.I. 2009/2206 as
           (i) widowed mother’s allowance;                                                      from 6.4.10.
          (ii) widowed parent’s allowance;
         (iii) bereavement allowance; and
         (iv) widow’s pension,
          the second contribution condition specified in paragraph 5(3) of Schedule 3
         to the Contributions Benefits Act;
     (ac) in relation to a Category A or Category B retirement pension–
           (i) in the case of a retirement pension to which paragraph 5 of Schedule 3 to
               the Contributions and Benefits Act applies, the second contribution
               condition specified in paragraph 5(3); and
          (ii) otherwise, the contribution condition specified in paragraph 5A(2) of
               Schedule 3 to that Act;
( a ) 2002 c. 21.
(b) 1889 c. 63, [subject to construction under Interpretation Act 1978 (c. 30), s. 25(2)].


Supplement No. 95 [June 2011]                           The Law Relating to Social Security                       3.2353
SI 1975/556                SOCIAL SECURITY (CREDITS) REGULATIONS
Regs. 3-6
                                (b) in relation to contribution-based jobseeker’s allowance, the condition
1
 Reg. 3(1)(c) added by              specified in section 2(1)(b) of the Jobseekers Act 1995, 1or
reg. 48(3) of S.I. 2008/
1554 as from 27.10.08.
                                (c) in relation to a contributory employment and support allowance, the
                                    condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform
                                    Act,

                           and accordingly, where under any of the provisions of these Regulations a person
                           would, but for this paragraph, be entitled to be credited with any contributions or
                           earnings for a year, or in respect of any week in a year, he shall be so entitled or the
                           purposes of any benefit if and to no greater extent than that by which his relevant
                           earnings factor for that year falls short of the level required to make that year a
                           reckonable year.
                             (2) Where under these regulations a person is entitled for the purposes of any benefit
                           to–
                                     2
2
 Words substituted in          (a)     be credited with earnings for a year, he is to be credited with such amount
reg. 3(2) & (3), and               of 2earnings as may be required to bring his relevant earnings factor to the
reg. 3(2)(b) deleted by
reg 3 of S.I. 1987/414
                                   level required to make that year a reckonable year;
                                2
as from 6.4.87.

                             (3) Where under these regulations a person is entitled to 2be credited with earnings
                           or a contribution in respect of a week which is partly in one tax year and partly in
                           another, he shall be entitled to 2be credited with those earnings or that contribution
                           for the tax year in which that week began and not for the following year.

                           Starting credits for the purposes of a retirement pension, a widowed mother’s
3
  Words added to           allowance 3, a widowed parent’s allowance, a bereavement allowance, and a
heading of reg. 4 and      widow’s pension
inserted in reg. 4(1) by
reg. 3(4) of S.I. 2000/      4.—(1) 4Subject to paragraph (1A), For the purposes of entitlement to a Category
1483 as from 9.4.01.       A or a Category B retirement pension, a widowed mother’s allowance 3, a widowed
4
  Words in reg. 4(1) &
reg. 4(1A) inserted by     parent’s allowance, a bereavement allowance, or a widow’s pension 5by virtue of a
reg. 2(2)(a)-(b) of S.I.   person’s earnings or contributions , he shall be credited with such number of Class 3
2011/709 as from           contributions as may be required to bring his relevant earnings factor in respect of the
5.4.11.                    tax year in which he attained the age of 16 and for each of the 2 following tax years to
5
  Words in reg. 4(1)       the level required to make those years reckonable years; so however that, subject to
substituted by reg.
2(5)(a) of S.I. 1988/      paragraph (2), no contribution shall be credited under this regulation in respect of any
1545 as from 2.10.88.      tax year commencing before 6th April 1975.
                             (1A) For the purposes of entitlement to a Category A or a Category B retirement
                           pension, no contribution shall be credited under this regulation–
                               (a) in respect of any tax year commencing on or after 6th April 2010;
                               (b) in respect of any other tax year, where an application under regulation 9
                                    (application for allocation of national insurance number) of the Social
                                    Security (Crediting and Treatment of Contributions, and National Insurance
                                    Numbers) Regulations 2001(a) is made on or after 6th April 2010.
                              (2) Where a person was in Great Britain on 6th April 1975 and had attained the age
                           of 16 but was not an insured person under the National Insurance Act 1965(b), he shall
                           be credited with contributions under paragraph (1) in respect of the tax year commencing
                           on 6th April 1974.
                             [Regulation 5 revoked by regulation 3(1) of S.I. 1988/1230 as from 2.10.88,
                           subject to saving in regulation 3(2) ibid.]
                             [Regulation 6 (credits for maternity grant) revoked by regulation 3(1) of S.I.
                           1988/516 as from 6.4.88.]




                           ( a ) S.I. 2001/769. Regulation 9 was amended by S.I. 2006/2897 and S.I. 2008/223.
                           (b) 1965 c. 51.


3.2354                     Supplement No. 95 [June 2011]                        The Law Relating to Social Security
SOCIAL SECURITY (CREDITS) REGULATIONS                                                                      SI 1975/556
                                                                                                             Regs. 7-7A
Credits for approved training
    7.—(1) For the purposes of entitlement to any benefit 1by virtue of a person’s              1
                                                                                                  Words in reg. 7(1)
earnings or contributions he shall, subject to paragraphs (2) and (3), be entitled to           substituted by reg
  2
    be credited with earnings equal to the lower earnings limit then in force, in respect       2(5)(b) of S.I. 1988/
                                                                                                1545 as from 2.10.88.
of each week in any part of which he was undergoing (otherwise than in pursuance of             2
                                                                                                  Words in reg. 7(1)
his employment as an employed earner) a course of 3 training approved by the                    substituted by reg 5(a)
Secretary of State for the purposes of this regulation.                                         of S.I. 1987/414 as
                                                                                                from 6.4.87.
      3
       (2) Paragraph (1) shall apply to a person only if–                                       3
                                                                                                  Words in reg. 7(1)
                                                                                                deleted and reg. 7(2)
       (a) the course is–                                                                       substituted by reg. 2 of
             (i) a course of full-time training; or                                             S.I. 1988/1439 as from
                                                                                                4.9.88.
            (ii) a course of training which he attends for not less than 15 hours in the
                 week in question and he is a disabled person within the meaning of the
                 Disabled Persons (Employment) Act 1944(a); or
           (iii) a course of training introductory to a course to which paragraph (i) or (ii)
                 above applies; and
       (b) when the course began it was not intended to continue for more than 12
             months or, if he was a disabled person within the meaning of the Disabled
             Persons (Employment) Act 1944 and the training was provided under the
             Employment and Training Act 1973(b) 4or the Enterprise and New Towns               4
                                                                                                 Words added to reg.
             (Scotland) Act 1990 (c), for such longer period as is reasonable in the            7(2)(b) by art. 3(a) of
                                                                                                S.I. 1991/387 as from
             circumstances of his case; and                                                     1.4.91.
       (c) he had attained the age of 18 before the beginning of the tax year in which
             the week in question began.
   (3) Paragraph (1) shall not apply to a woman in respect of any week in any part of
which she was a married woman in respect of whom an election made by her under
regulations made 5under section 3(2) of the Social Security Pensions Act 1975 had               5
                                                                                                  Words substituted in regs.
effect.                                                                                         7(3) and 7A(2)(b) by reg.
                                                                                                2(2) of S.I. 1978/409 as
                                                                                                from 6.4.78.
 6                 7
     Credits for       carer’s allowance                                                        6
                                                                                                  Reg. 7A added by reg.
                                                                                                19 of S.I. 1976/409 as
  7A.—(1) For the purposes of entitlement to any benefit 8by virtue of a person’s               from 12.4.76.
earnings or contributions he shall, subject to paragraph (2), be entitled to 9be                7
                                                                                                  Words substituted in
credited with earnings equal to the lower earnings limit then in force, in respect of           heading & reg. 7A(1)
                                                                                                by Sch. 2 of S.I. 2002/
each week for any part of which 7a carer’s allowance is paid to him, 10or would                 2497 as from 1.4.03.
be paid to him but for a restriction under section 116B or 7 of the Social Security             8
                                                                                                  Words in reg . 7A(1)
Fraud Act 2001 (loss of benefit provisions) or in the case of a 12widow, widower or             substituted by reg.
surviving civil partner would have been so payable but for the provisions of the                2(5)(c) of S.I. 1988/
                                                                                                1545 as from 2.10.88.
Social Security (Overlapping Benefits) Regulations 1975, as amended by the Social               9
                                                                                                  Words in reg . 7A(1)
Security (Invalid Care Allowance) Regulations 1976, requiring adjustment of 7a                  and 7A(2)(a) substituted
carer’s allowance against widow’s benefit 13, bereavement benefits or benefit by                by regs. 6(a) and (b) of
virtue of section 39(4) corresponding to a widowed mother’s allowance or a widow’s              S.I. 1987/414 as from
pension.                                                                                        6.4.87.
                                                                                                10
                                                                                                   Words inserted in reg.
     (2) Paragraph (1) shall not apply–                                                         7A(1) by reg. 3 of S.I.
                                                                                                2002/490 as from 1.4.02.
       (a) to a person in respect of any week where he is entitled to 9be credited with         11
                                                                                                   Words inserted in reg.
            earnings under 14regulation 8A or 8B in respect of the same week; or                7A(1) by reg. 13(2) of
       (b) to a woman in respect of any week in any part of which she was a married             S.I. 2010/1160 as from
            woman in respect of whom an election made by her under regulations made             1.4.10.
                                                                                                12
             5
               under section 3(2) of the Social Security Pensions Act 1975 had effect.             Words substitued in
                                                                                                reg. 7A(1) by para. 4(2)
                                                                                                of Sch. 3 to S.I. 2005/
                                                                                                2877 as from 5.12.05.
                                                                                                13
                                                                                                   Words in r eg . 7A(1)
                                                                                                substituted by reg. 3(5)
                                                                                                of S.I. 2000/1483 as
                                                                                                from 9.4.01.
                                                                                                14
                                                                                                   Words in reg. 7A(2)(a)
                                                                                                and 7B(3)(a) substituted
( a ) 1944 c. 10.                                                                               by reg. 2(4) of S.I. 1996/
                                                                                                2367 as from 7.10.96.
( b ) 1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25.
(c ) 1990 c. 35.


Supplement No. 95 [June 2011]                          The Law Relating to Social Security                        3.2355
SI 1975/556                  SOCIAL SECURITY (CREDITS) REGULATIONS
Regs. 7B-7C
                              1                  2
1
  Reg. 7B inserted by          Credits for           disability element of working tax credit
reg. 3 of S.I. 1991/2772
as from 6.4.92.                7B.—(1) For the purposes of entitlement to any benefit by virtue of a person’s
2
  Words in reg. 7B           earnings or contributions he shall, subject to paragraphs (2) and (3), be credited with
substituted by para.         earnings equal to the lower earnings limit then in force in respect of each week for any
1(b)-(e) of Sch. 4 to S.I.
2003/455 as from
                             part of which the 2disability element or the severe disability element of working tax
7.3.03.                      credit as specified in reg. 20(1)(b) and (f) of the Working Tax Credit (Entitlement and
                             Maximum Rate) Regulations 2002 is included in an award of working tax which is
                             paid to him.
                                  (2) Paragraph (1) shall apply to a person only if he is–
                                    (a) an employed earner; or
                                    (b) a self-employed earner who is excepted from liability to pay Class 2
                                         contributions by virtue of his earnings being less than or being treated by
                                         regulations as less than the amount specified in section 7(5) of the Act
                                         (exception from liability for Class 2 contributions on account of small
                                         earnings)(a).
                                  (3) Paragraph (1) shall not apply–
                                    (a) to a person in respect of any week where he is entitled to be credited with
3
 Words in reg. 7B(3)(a)                  earnings under 3regulation 8A or 8B in respect of the same week; or
substituted by reg. 2(4)
of S.I. 1996/2367 as                (b) to a woman in respect of any week in any part of which she was a married
from 7.10.96.                            woman in respect of whom an election made by her under regulations made
                                         under section 3(2) of the Social Security Pension Act 1975(b) had effect.

                              4                  5
4
  Reg. 7C inserted by          Credits for           working tax credit
reg. 2 of S.I. 1995/2558
                                             5
for people reaching             7C.—(1)     Subject to regulation 7B, for the purposes of entitlement to a Category
pensionable age after        A or a Category B retirement pension, a widowed mother’s allowance 6, a widowed
5.4.99, for weeks in         parent’s allowance, a bereavement allowance or a widow’s pension by virtue of a
1995-96 or later.
5
  Words in reg. 7C(3)        person’s earnings or contributions, where 5working tax credit is paid for any week
substituted & deleted by     in respect of–
para. 1(b)-(e) of Sch. 4          (a) an employed earner; or
to S.I. 2003/455 as from
7.3.03.                           (b) a self-employed earner who is excepted from liability to pay Class 2
6
  Words inserted in reg.               contributions by virtue of his earnings being less than or being treated by
7C(1) by reg. 3(6) of                  regulations as less than the amount specified in section 11(4) of the
S.I. 2000/1483 as from
9.4.01.                                Contributions and Benefits Act (exception from liability for Class 2
                                       contributions on account of small earnings)(c),
                             that person shall, subject to paragraphs (4) and (5), be credited with earnings equal to
                             the lower earnings limit then in force in respect of that week.
                               (2) The reference in paragraph (1) to the person in respect of whom 5working tax
                             credit is paid–
7
 Words substituted in             (a) where it is paid to one of 7a couple , is a reference to the member of that
reg. 7C(2)(a), 7C(3) &                couple specified in paragraph (3); and
(6) by para. 4(3)(a) of
Sch. 3 to S.I. 2005/2877         (b) in any other case, is a reference to the person to whom it is paid.
as from 5.12.05.
                                  (3) the member of 7a couple specified for the purposes of paragraph (2)(a) is–
                                    (a) where only one member is assessed for the purposes of the award of 5working
                                         tax credit as having income consisting of earnings, that member.
                                    5

                                                                                                 5
                                    (c) where the earnings of each member are assessed               , the member to whom
                                        the 5working tax credit is paid.




                             ( a ) 1975 c. 14; section 7(5) was amended by S.I. 1991/505.
                             ( b ) 1975 c. 60.
                             ( c ) Section 11(4) was amended by S.I. 1995/561. Also, a definition of “the Contributions and
                                   Benefits Act” was inserted into S.I. 1975/556 by S.I. 1995/829.


3.2356                       Supplement No. 95 [June 2011]                         The Law Relating to Social Security
SOCIAL SECURITY (CREDITS) REGULATIONS                                                                     SI 1975/556
                                                                                                            Regs. 7C-8

  (4) Paragraph (1) shall not apply–
    (a) to a person in respect of any week he is entitled to be credited with earnings
         under 1regulation 8A or 8B in respect of the same week; or                           1
                                                                                               Words in reg. 7C(4)(a)
                                                                                              and 8(1) substituted by
    (b) to a woman in respect of any week in any part of which she is a married               regs. 2(4) and 2(5) of
         woman in respect of whom an election made by her under regulations made              S.I. 1996/2367 as from
         under section 19(4) of the Contributions and Benefits Act has effect.                7.10.96.
         2
  (5)                                                                                         2
                                                                                                Para. (5) deleted by reg.
                                                                                              1(iv) of S.I. 2003/455 as
  (6) In this regulation 3“couple” has           the same meaning as in Part VII of the       from 7.3.03.
                                                                                              3
Contributions and Benefits Act.                                                                 Words substituted in
                                                                                              reg. (6) by para. 4(3)(a)
                                                                                              of Sch. 3 to S.I. 2005/
Credits on termination of full-time education, training or apprenticeship                     2877 as from 5.12.05.

   8.— 4(1) For the purposes of his entitlement to 1a contribution-based jobseeker’s          4
                                                                                                Reg. 8(1) substituted by
allowance      5
                 , short-term incapacity benefit or a contributory employment and support     reg. 3 of S.I. 1989/1627
                                                                                              as from 1.10.89.
allowance a person shall be entitled to be credited with earnings equal to the lower          8
                                                                                                Words substituted in
earnings limit then in force for either one of the last two complete years before the         reg. 8(1) by reg. 48(4)
beginning of the relevant benefit year if–                                                    of S.I. 2008/1554 as
                                                                                              from 27.10.08.
     (a) during any part of that year he was–
          (i) undergoing a course of full-time education; or
         (ii) undergoing–
             (a) a course of training which was full-time and which was arranged under
                    section 2(1) of the Employment and Training Act 1973(a) 6or section       6
                                                                                               Words added to reg.
                    2(3) of the Enterprise and New Towns (Scotland) Act 1990 (b); or          8(1)(a)(ii)(a) by art.
                                                                                              3(b) of S.I. 1991/387 as
             (b) any other full-time course the sole or main purpose of which was the         from 1.4.91.
                    acquisition of occupational or vocational skills; or




( a ) 1973 c. 50. Section 2 was substituted by the Employment Act 1988 (c. 19), section 25.
(b) 1990 c. 35.


Supplement No. 95 [June 2011]                          The Law Relating to Social Security                       3.2357
SI 1975/556        SOCIAL SECURITY (CREDITS) REGULATIONS




3.2358 (–3.2360)   Supplement No. 95 [June 2011]      The Law Relating to Social Security
SOCIAL SECURITY (CREDITS) REGULATIONS                                                                     SI 1975/556
                                                                                                          Regs. 9D-9E
  1
      Credits for certain periods of imprisonment or detention in legal custody                1
                                                                                                Reg. 9D inserted by
                                                                                               reg. 2 of S.I. 2001/573
  9D.—(1) Subject to paragraphs (2) and (4), for the purposes of entitlement to any            as from 26.3.01.
benefit by virtue of a person’s earnings or contributions, where–
    (a) a person is imprisoned or otherwise detained in legal custody by reason of
         his conviction of an offence or convictions in respect of 2 or more offences;
    (b) that conviction or, as the case may be, each of those convictions is
         subsequently quashed by the Crown Court, the Court of Appeal or the High
         Court of Justiciary; and
    (c) he is released from that imprisonment or detention, whether prior, or pursant,
         to the quashing of that conviction or, as the case may be, each of those
         convictions,

that person shall, if he has made an application in writing to the Secretary of State for
the purpose, be entitled to be credited with earnings or, in the case of any year earlier
than 1987-88, contributions, in accordance with paragraph (3).
  (2) Paragraph (1) shall not apply in respect of any period during which the person
was also imprisoned or otherwise detained in legal custody for reasons unconnected
with the conviction or convictions referred to in that paragraph.
  (3) The earnings or, as the case may be, the contributions referred to in paragraph (1)
are, in respect of any week in any part of which the person was–
      (a) detained in legal custody–
           (i) prior to the conviction or convictions referred to in that paragraph, but,
          (ii) for the purposes of any proceedings in relation to any offence referred to
               in sub-paragraph (a) of that paragraph; or
     (b) imprisoned or otherwise detained in legal custody by reason of that conviction
           or those convictions,

those necessary for the purpose of bringing his earnings factor, for the year in which
such a week falls, to the level required to make that year a reckonable year.
  (4) Subject in paragraph (5), paragraph (1) shall not apply to a woman in respect of
any week referred to in paragraph (3) in any part of which she was a married woman in
respect of whom an election made by her under regulations made under section 19(4)
of the Contributions and Benefits Act had effect.
      (5) Paragraph (4) shall not apply to any woman–
        (a) who was imprisoned or otherwise detained in legal custody as referred to in
             paragraph (3) for a continuous period which included 2 complete years; and
        (b) whose election ceased to have effect in accordance with regulation 101(1)(c)
             of the Social Security (Contributions) Regulations 1979(a) (which provides
             for an election to cease to have effect at the end of 2 consecutive years which
             began on or after 6th April 1978 during which the woman is not liable for
             primary Class 1 or Class 2 contributions).
 (6) An application referred to in paragraph (1) may be transmitted by electronic
means.

  2
  Credits for certain spouses and civil partners of members of Her Majesty’s forces            2
                                                                                                Reg. 9E inserted by
                                                                                               reg. 2(3) of S.I. 2010/
  9E.—(1) For the purposes of entitlement to any benefit by virtue of a person’s               385 as from 6.4.10.
earnings or contributions, that person shall, subject to the following paragraphs, be
entitled to be credited with earnings equal to the lower earnings limit then in force, in
respect of each week to which paragraph (2) applies.
      (2) This paragraph applies to each week for any part of which the person is–
        (a) the spouse or civil partner of a member of Her Majesty’s forces or treated as
            such by the Secretary of State for the purposes of occupying accommodation,
            and


( a ) S.I. 1979/591.


Supplement No. 95 [June 2011]                        The Law Relating to Social Security                         3.2367
SI 1975/556                 SOCIAL SECURITY (CREDITS) REGULATIONS
Regs. 9E-9F
                                   (b) accompanying the member of Her Majesty’s forces on an assignment outside
                                       the United Kingdom or treated as such by the Secretary of State.
                              (3) A person referred to in paragraph (2) shall be entitled to be credited with earnings
                            in respect of a week by virtue of this regulation only if that person has made an
                            application to the Secretary of State for the purpose.
                                 (4) An application under paragraph (3) must–
                                   (a) be properly completed and on a form approved by the Secretary of State, or
                                        in such manner as the Secretary of State accepts as sufficient in the particular
                                        circumstances, and
                                   (b) include–
                                        (i) a statement confirming that the conditions referred to in paragraph (2)
                                            are met and signed by or on behalf of the Defence Council or a person
                                            authorised by them, and
                                       (ii) such other information as the Secretary of State may require.
                                 (5) An application under paragraph (3) is to be made–
                                   (a) once the end date of the assignment referred to in paragraph (2) has been
                                       confirmed, or
                                   (b) at such earlier time as the Secretary of State is prepared to accept in the
                                       particular circumstances of the case.
                               (6) An application made in accordance with paragraph (5)(a) must be made before
                            the end of the tax year immediately following the tax year in which the assignment
                            referred to in paragraph (2) ended, or within such further time as may be reasonable in
                            the circumstances of the case.
                              (7) Where the Secretary of State accepts an application in accordance with paragraph
                            (5)(b), this regulation entitles the person referred to in paragraph (2) to be credited
                            with earnings in respect of any week subsequent to that application only if that person
                            has made a further application to the Secretary of State in accordance with paragraphs
                            (3) to (6).
                                 (8) This regulation shall not apply–
                                   (a) to a person in respect of any week where the person is entitled to be credited
                                       with earnings under regulation 7A, 8A or 8B in respect of the same week;
                                   (b) to a woman in respect of any week in any part of which she was a married
                                       woman in respect of whom an election made by her under regulations made
                                       under section 19(4) of the Contributions and Benefits Act had effect; or
                                   (c) in respect of any week commencing before 6th April 2010.

                             1
1
 Reg. 9F inserted by reg.     Credits for persons providing care for a child under the age of 12
2(3) of S.I. 2011/709 as
from 5.4.11.                  9F.—(1) Subject to paragraphs (2), (5) and (6), the contributor concerned in the
                            case of a benefit listed in paragraph (3) shall be credited with a Class 3 contribution
                            for each week (“the relevant week”) falling after 6th April 2011 during which that
                            contributor satisfied the conditions in paragraph (4).
                              (2) Contributions shall only be credited in so far as is necessary to enable the
                            contributor concerned to satisfy–
                                (a) in relation to a Category A or Category B retirement pension, the contribution
                                     condition specified in paragraph 5A(2) of Schedule 3 to the Contributions
                                     and Benefits Act;
                                (b) in relation to a widowed parent’s allowance or bereavement allowance, the
                                     second contribution condition specified in paragraph 5(3) of Schedule 3 to
                                     the Contributions and Benefits Act.
                                 (3) This regulation applies to the following benefits–
                                   (a) a Category A retirement pension in a case where the contributor concerned
                                       attains pensionable age on or after 6th April 2012;


3.2368                      Supplement No. 95 [June 2011]                        The Law Relating to Social Security
SOCIAL SECURITY (CREDITS) REGULATIONS                                                                  SI 1975/556
                                                                                                       Regs. 9F-10
    (b) a Category B retirement pension payable by virtue of section 48A of the
        Contributions and Benefits Act in a case where the contributor concerned
        attains pensionable age on or after that date;
    (c) a Category B retirement pension payable by virtue of section 48B of that Act
        in a case where the contributor concerned dies on or after that date without
        having attained pensionable age before that date;
    (d) a widowed parent’s allowance payable in a case where the contributor
        concerned dies on or after that date;
    (e) a bereavement allowance payable in a case where the contributor concerned
        dies on or after that date.
  (4) The conditions are that in the relevant week the contributor concerned–
    (a) provided care in respect of a child under the age of 12;
    (b) is, in relation to that child, a person specified in the Schedule (other than a
        person who is a relevant carer for the purposes of section 23A of the
        Contributions and Benefits Act); and
    (c) was ordinarily resident in Great Britain.
  (5) Only one contributor may be credited with Class 3 contributions under this
Regulation in respect of any relevant week.
  (6) The contributor concerned shall not be credited with Class 3 contributions by
virtue of paragraph (1) unless–
  (a) a person other than that contributor satisfies the conditions in paragraph (7); and
  (b) an application to the Secretary of State to be so credited is made in accordance
with paragraph (8).
  (7) The conditions are that–
    (a) child benefit was awarded to that other person in relation to the child for
        whom, and in respect of the week in which, child care was provided by the
        contributor concerned; and
    (b) the aggregate of that other person’s earnings factors, where those earnings
        factors are derived from so much of that person’s earnings as do not exceed
        the upper earnings limit and upon which Class 1 contributions have been
        paid or treated as paid, exceed the qualifying earnings factor for the year in
        which the relevant week falls.
  (8) An application under paragraph (6)(b) must–
    (a) include the name and date of birth of the child cared for;
    (b) where requested by the Secretary of State or the Commissioners for Her
        Majesty’s Revenue and Customs, include a declaration by the person awarded
        child benefit in respect of that child that the conditions in paragraph (4) are
        satisfied;
    (c) specify the relevant week or weeks in which the child was cared for; and
    (d) be received after the end of the tax year in which a week, which is the subject
        of the application, falls.
  (9) In this regulation, “the contributor concerned” has the meaning given in section
21(5)(a) of the Contributions and Benefits Act.
        1
  10.                                                                                       1
                                                                                             Reg. 10 revoked by
                                                                                            reg. 10 of S.I. 1987/414
                                                                                            as from 6.4.87.


Signed by authority of the Secretary of State for Social Services,



                                                                    Brian O’Malley
                                                                   Minister of State,
3rd April 1975.                             Department of Health and Social Security

Supplement No. 95 [June 2011]                     The Law Relating to Social Security                        3.2369
SI 1975/556              SOCIAL SECURITY (CREDITS) REGULATIONS
Sch.

                                                              1
1
 The Sch. inserted by                                             SCHEDULE                     Regulation 9F(4)(b)
reg. 2(4) of S.I 2011/
709 as from 5.4.11.
                         Persons who may qualify as carers for a child under the age of 12
                           1.—(1) Parent.
                           (2) Grandparent.
                           (3) Great-grandparent.
                           (4) Great-great-grandparent.
                           (5) Sibling.
                           (6) Parent’s sibling.
                           (7) Spouse or former spouse of any of the persons listed in sub-paragraphs (1) to (6).
                           (8) Civil partner or former civil partner of any of the persons listed in sub-paragraphs
                         (1) to (6).
                           (9) Partner or former partner of any of the persons listed in sub-paragraphs (1) to (8).
                           (10) Son or daughter of persons listed in sub-paragraphs (5) to (9).
                           (11) In respect of the son or daughter of a person listed in sub-paragraph (6), that
                         person’s–
                             (a) spouse or former spouse;
                             (b) civil partner or former civil partner; or
                             (c) partner or former partner.
                           2. For the purposes of paragraph 1(5) and (6), a sibling includes a sibling of the
                         half blood, a step sibling and an adopted sibling.
                           3. For the purposes of paragraph 1(9) and (11)(c), a partner is the other member of
                         a couple consisting of–
                             (a) a man and woman who are not married to each other but are living together as
                                  husband and wife; or
                             (b) two people of the same sex who are not civil partners of each other but are
                                  living together as if they were civil partners.




3.2370                   Supplement No. 95 [June 2011]                      The Law Relating to Social Security
SOCIAL SECURITY (CREDITS) REGULATIONS                                                    SI 1975/556



                              EXPLANATORY NOTE

                     (This Note is not part of the Regulations.)

  These Regulations provide for the crediting of contributions under the Social
Security Act 1975.
   The Regulations provide: for credits for certain young people and others who were
not insured under the National Insurance Act 1965 (regulation 4, 5 and 6); for credits
for certain persons undergoing approved training or completing full-time education,
training or apprenticeship (regulations 7 and 8); and for credits for periods of
unemployment or incapacity for work in certain cases (regulation 9). The regulations
also contain certain transitional provisions (regulation 10).




Supplement No. 95 [June 2011]                   The Law Relating to Social Security           3.2371
SI 1975/556        SOCIAL SECURITY (CREDITS) REGULATIONS




3.2372 (–3.2400)   Supplement No. 95 [June 2011]      The Law Relating to Social Security
SOCIAL SECURITY (DEFERRAL OF RETIREMENT PENSIONS)                                                             SI 2005/453
REGULATIONS 2005                                                                                                 Regs. 1-2
                                     2005 No. 453

                            SOCIAL SECURITY

 The Social Security (Deferral of Retirement Pensions)
                   Regulations 2005

              Made      -   -    -    -                    3rd March 2005
              Laid before Parliament                     10th March 2005
              Coming into force -                           6th April 2005

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon
him by sections 54(1), 122(1) and 175(3) of, and paragraphs 2(2), 3(1), 3B(2) and
(5)(b)(iii) and 7B(2) and (5)(b)(iii) of Schedule 5 to, the Social Security Contributions
and Benefits Act 1992(a), and of all other powers enabling him in that behalf, after
agreement by the Social Security Advisory Committee that proposals in respect of
regulation 4 should not be referred to it(b), the remainder of this Instrument containing
only regulations made under provisions introduced by section 297 of, and Schedule
11 to, the Pensions Act 2004(c) and being made before the end of the period of 6
months beginning with the coming into force of those provisions(d), hereby makes the
following Regulations:

                       Citation, commencement and interpretation

  1.—(1) These Regulations may be cited as the Social Security (Deferral of Retirement
Pensions) Regulations 2005 and shall come into force on 6th April 2005.
  (2) In these Regulations–
    “the Act” means the Social Security Contributions and Benefits Act 1992;
    “retirement pension” means a Category A or Category B retirement pension.
      1
        “shared additional pension” means a shared additional pension under section                1
                                                                                                    Words inserted in reg. 1
    55A of the Act                                                                                 by reg. 9(2) of S.I.
                                                                                                   2005/1551 as from
                                                                                                   6.7.05.
Beginning of accrual period
   2
     2.—(1) This regulation applies for the purposes of paragraphs 3B and 7B of                    2
                                                                                                    Reg. 2 substituted by
Schedule 5 and paragraph 5 of Schedule 5A to the Act (calculation of lump sum).                    reg. 2 of S.I. 2011/786
                                                                                                   as from 5.4.11.
  (2) In the case of a retirement pension or shared additional pension to which
regulation 22 (long term benefits) of the Social Security (Claims and Payments)
Regulations 1987(e) (“the 1987 Regulations”) applies, the accrual period shall begin
with the day of the week on which benefit would have been payable had entitlement
not been deferred.
(a) 1992 c. 4. Section 54(1) was amended by the Pensions Act 1995 (c. 26), Schedule 4,
    paragraph 6(1) and by the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 12,
    paragraph 22. Section 55 was substituted by section 297(1) of the Pensions Act 2004 (c. 35).
    Paragraphs 2(2) and 3(1) of Schedule 5 were amended by the Pensions Act 1995, Schedule
    4, paragraph 6(2). Paragraphs 3B and 7B of Schedule 5 were inserted by Schedule 11 to the
    Pensions Act 2004, paragraphs 8(1) and 11(1). Section 122(1) is cited because of the
    meaning ascribed to the word “prescribe”.
(b) See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5).
(c) 2004 c. 35.
(d) See section 173(5)(a) of the Social Security Administration Act 1992.
(e) S.I. 1987/1968; Regulation 22 was amended by S.I. 1991/2741, S.I. 1994/3196, S.I. 1996/
    2306, S.I. 2002/2441, S.I. 2003/492, S.I. 2008/2667, S.I. 2009/3229 and S.I. 2010/510.


Supplement No. 95 [June 2011]                        The Law Relating to Social Security                             3.2441
SI 2005/453                 SOCIAL SECURITY (DEFERRAL OF RETIREMENT PENSIONS)
Regs. 2-3                   REGULATIONS 2005

                              (3) In the case of a retirement pension to which regulation 22C (retirement pension
                            for persons reaching pensionable age on or after 6th April 2010) of the 1987
                            Regulations(a) applies, the accrual period shall begin with the first day of the benefit
                            week in relation to which benefit would have been payable had entitlement not been
                            deferred.
                              (4) In this regulation, “benefit week” has the same meaning as in regulation 22D
                            (payment of retirement pension at a daily rate) of the 1987 Regulations(b).

                            Amount of retirement pension not included in the calculation of the lump sum
                               3.—(1) For the purposes of the calculation of the lump sum under paragraphs 3B
                            and 7B of Schedule 5 to the Act, the amount of retirement pension to which the person
                            (“the deferrer”) would have been entitled for the accrual period if his entitlement had
                            not been deferred shall not include any such pension where, for the entire accrual
                            period–
                                 (a) the deferrer has received any of the following benefits–
                                        (i) any benefit under Parts II and III of the Act other than child’s special
1
 Words inserted in reg.                     allowance, attendance allowance, disability living allowance 1, a shared
3(1)(a)(i) by reg.                          additional pension and guardian’s allowance;
9(4)(a) of S.I. 2005/
1551 as from 6.7.05.                   (ii) any severe disablement allowance under sections 68 and 69 of the Act as in
                                            force before 6th April 2001(c);
                                      (iii) any unemployability supplement within the extended meaning in regulation
                                            2(1) of the Social Security (Overlapping Benefits) Regulations 1979(d) and
                                            including benefit corresponding to an unemployability supplement by virtue
                                            of regulations under paragraph 7(2) of Schedule 8 to the Act;
                                    2
2
 Regs. 3(1)(a)(iv) &                  (iv) state pension credit under section 1 of the State Pension Credit Act 2002;
3(1)(aa) inserted by reg.       (aa) in the case of a deferrer who was a member of a couple, the other member of
3(2)-(3) of S.I. 2011/
634 as from 6.4.11 in                   the couple was in receipt of–
respect of an accrual                   (i) income support under section 124 of the Act;
period, or part of an
accrual period, falling                (ii) income-based jobseeker’s allowance under section 1 of the Jobseeker’s
on or after 6.4.11                          Act 1995;
                                     (iii) state pension credit under section of the Sate Pension Credit Act 2002;
                                            or
                                      (iv) income-related employment and support allowance under section 1 of
                                            the Welfare Reform Act 2007;
                                 (b) an increase of any of the benefits specified in sub-paragraph (a) is being paid
                                        to a married man in respect of his wife where the wife is a deferrer whose
                                        period of deferment began before 6th April 2005 and who would have been
                                        entitled to a Category B retirement pension or to an increase under section
                                        51A(2) of the Act(e);
                                 (c) an increase of any of the benefits specified in sub-paragraph (a) is being paid
                                        to any person in respect of a deferrer whose period of deferment began on or
3
 Words inserted in reg.                 after 6th April 2005 except where that deferrer is neither married to 3or in a
3(1)(c) by reg. 10(2) of                civil partnership with, nor residing with, that person;
S.I. 2005/2878 as from
5.12.05.                         (d) the deferrer would have been disqualified for receiving retirement pension
                                        by reason of imprisonment or detention in legal custody.
                                4
4
 Para. (1A) inserted in          (1A) For the purposes of the calculation of the lump sum under paragraph 5 of
reg. 3 by reg. 9(4)(b) of   Schedule 5A to the Act, the amount of a shared additional pension to which a person
S.I. 2005/1551 as from      (“the deferrer”) would have been entitled for the accrual period if his entitlement had
6.7.05.
                            not been deferred shall not include any such pension where, for the entire accrual
                            ( a ) Regulation 22C was inserted by S.I. 2009/3229.
                            (b) Regulation 22D was inserted by S.I. 2009/3229 and amended by S.I. 2010/510.
                            ( c ) Sections 68 and 69 were repealed by the Welfare Reform and Pensions Act 1999 (c. 30),
                                  section 65 and Schedule 13, Part IV but awards of severe disablement allowance made
                                  before 6 th April 2001 continue to have effect.
                            (d) S.I. 1979/597; the relevant amending instrument is S.I. 1980/1927.
                            ( e ) Section 51A was inserted by the Pensions Act 1995 (c. 26), Schedule 4, paragraph 21(6).


3.2442                      Supplement No. 95 [June 2011]                        The Law Relating to Social Security
SOCIAL SECURITY (DEFERRAL OF RETIREMENT PENSIONS)                                                        SI 2005/453
REGULATIONS 2005                                                                                            Regs. 3-4
period, the deferrer would have been disqualified for receiving shared additional
pension by reason of imprisonment or detention in legal custody.
  (2) Where any of the benefits referred to in paragraph (1)(a) 1or (aa) an increase          1
                                                                                                Regs. 3(1)(a)(iv) &
referred to in paragraph (1)(b) or (c) has been received for part only of an accrual          3(1)(aa) inserted &
period, the amount of retirement pension not included by paragraph (1) shall be reduced       words inserted in regs.
                                                                                              3(2) & (4) by reg. 3(4)
by 1/7th for each day of the accrual period in respect of which the benefit or increase       of S.I. 2011/634 as
has not been received.                                                                        from 6.4.11 in respect
                                                                                              of an accrual period, or
  (3) Where the deferrer would have been disqualified for receiving retirement pension        part of an accrual
as specified in paragraph (1)(d) 2or a shared additional pension as specified in              period, falling on or
paragraph (1A) for part only of an accrual period, the amount of retirement pension           after 6.4.11
                                                                                              2
not included by paragraph (1) 2or a shared additional pension not included by                   Words inserted in reg.
paragraph (1A) shall be reduced by 1/7th for each day of the accrual period for               3(3) by reg. 9(4)(c) of
                                                                                              S.I. 2005/1551 as from
which he would not have been so disqualified.                                                 6.7.05.
   (4) Subject to paragraph (5), where–
     (a) a person has, in respect of any day in an accrual period, received one or more
         of the benefits referred to in paragraph (1)(a) 1or (aa) or increases referred
         to in paragraph (1)(b) and (c) or both;
     (b) the determining authority has determined that in respect of that day, he was
         not entitled to the benefit or increase; and
     (c) the whole of the benefit or increase in respect of that day has been repaid or,
         as the case may be, recovered on or before the relevant date,

that day shall be treated as a day in respect of which he did not receive that benefit or
increase or both.
  (5) Where the benefit or increase in respect of a day to which paragraph (4)(a) and
(b) applies is repaid or, as the case may be, recovered on or after the relevant date, that
day shall only be treated as a day in respect of which that person did not receive that
benefit or increase once the benefit or increase has been repaid in respect of all the
days to which those sub-paragraphs relate and which fall within the period of deferment.
    3
       (5A) In paragraph (1), “couple” has the meaning given by section 137(1) of the         3
                                                                                               Reg. 3(5A) inserted by
Act.                                                                                          reg. 3(5) of S.I. 2011/
                                                                                              634 as from 6.4.11 in
  (6) In paragraph (4), “the determining authority” means as the case may require, the        respect of an accrual
Secretary of State, an appeal tribunal constituted under Chapter I of Part I of the Social    period, or part of an
                                                                                              accrual period, falling
Security Act 1998(a) or a Commissioner, or a tribunal consisting of three or more such        on or after 6.4.11.
Commissioners constituted in accordance with section 16(7) of that Act.
   (7) In paragraphs (4) and (5), “relevant date” means–
     (a) the last day of the period of deferment; or
     (b) where entitlement to a lump sum arises under paragraph 7A of Schedule 5 to
          the Act, the date of S’s death.
  (8) Any amount of retirement pension 4 or a shared additional pension not
included in the calculation of the lump sum in accordance with this regulation must           4
                                                                                               Words inserted in reg.
be rounded to the nearest penny, taking any ½p as nearest to the next whole penny             3(8) by reg. 9(4)(d) of
above.                                                                                        S.I. 2005/1551 as from
                                                                                              6.7.05.
  [Regulation 4 amends regulations 1, 2, 4 and 5 of S.I. 1979/642.]



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



                                                                       Malcolm Wicks
                                                                     Minister of State,
3rd March 2005                                       Department for Work and Pensions

( a ) 1998 c. 14.


Supplement No. 95 [June 2011]                     The Law Relating to Social Security                           3.2443
SI 2005/453        SOCIAL SECURITY (DEFERRAL OF RETIREMENT PENSIONS)
                   REGULATIONS 2005

                                                  EXPLANATORY NOTE

                                         (This note is not part of the Regulations)

                     These Regulations make provision relating to changes to the regime for deferring
                   entitlement to state pension made and brought forward by the Pensions Act 2004 (c.
                   35) which provide, in particular, for an increased incremental rate for those deferring
                   their state pension and for a choice between increments and a lump sum for those who
                   have deferred their entitlement for 12 months or more.
                      Regulation 2 prescribes the day on which the accrual period for the lump sum is to
                   start.
                      Regulation 3 prescribes the circumstances in which the amount of retirement pension
                   which the deferrer would have received in an accrual period shall not be included in
                   the calculation of the lump sum. These include receipt of certain benefits or increases
                   in benefits or imprisonment. It also allows for a reduction where those circumstances
                   apply for part only of an accrual period.
                      Regulation 4 amends the Social Security (Widow’s Benefit and Retirement Pensions)
                   Regulations 1979 (S.I. 1979/642). It does so in consequence of changes to the Social
                   Security Contributions and Benefits Act 1992 (c. 4) made originally by the Pensions
                   Act 1995 (c. 26) and which were due to come into force in 2010 but are now to come
                   into force this year (paragraphs (2), (3)(a) and (4)(a)), to allow for both elections and
                   consents to elections to be treated as not entitled to a retirement pension to be made
                   by telephone (paragraph (3)(b) and (c)) and to make further provision in relation to the
                   calculation of days of increment for those who start deferring their state pension on or
                   after 6th April 2005 (paragraph (4)(b)).
                     A full Regulatory Impact Assessment has not been produced for this Instrument as it has
                   no impact on the costs of business.




3.2444 (–3.2446)   Supplement No. 95 [June 2011]                    The Law Relating to Social Security
SOCIAL SECURITY (DEFERRAL OF RETIREMENT PENSIONS)                                                     SI 2011/634
REGULATIONS 2011
                                                                                                        Regs. 1-3



                                      2011 No. 634

                             SOCIAL SECURITY

The Social Security (Deferral of Retirement Pensions)
                  Regulations 2011

              Made      -    -    -    -                    3rd March 2011
              Laid before Parliament                       10th March 2011
              Coming into force -                             6th April 2011

The Secretary of State makes the following Regulations in exercise of the powers
conferred by sections 122(1) and 175(1) and (3) of, and paragraphs 2(2), 3B(5)(b)(iii)
and 7B(5)(b)(iii) of Schedule 5 to, the Social Security Contributions and Benefits Act
1992(a).

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

Citation and commencement
  1. These Regulations may be cited as the Social Security (Deferral of Retirement
Pensions) Regulations 2011 and shall come into force on 6th April 2011.
  [Regulation 2 amends regulation 4(1)(b)(iii) & inserts regulations 4(1)(b)(iv)
& 4(1)(d)(ii)(e) & 4(5) into S.I. 1979/642.]
  [Regulation 3 inserts regulations 3(1)(a)(iv), 3(1)(aa) & 3(5A) into S.I. 2005/
453]


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



                                                                                Steve Webb
                                                                     Minister for Pensions,
3rd March 2011                                            Department for Work and Pensions



( a ) 1992 c. 4. Schedule 5 was amended by paragraph 42 of Schedule 8 to the Pension Schemes
      Act 1993 (c. 48); paragraph 40 of Schedule 1 to the Social Security (Incapacity for Work)
      Act 1994 (c. 18); paragraphs 6 and 21(15) of Part 2 of Schedule 4 and Part 2 of Schedule 7
      to the Pensions Act 1995 (c. 26); section 39(1) and (2)(c) of the Child Support, Pensions and
      Social Security Act 2000 (c. 19); Schedule 6 to the Tax Credits Act 2002 (c. 21); paragraphs
      2 to 14 of Part 1 of Schedule 11 to the Pensions Act 2004 (c. 35); paragraphs 8, 19 and 20
      of Schedule 1 and Schedule 7 to the Pensions Act 2007 (c. 22) and by paragraph 5 of Part 1
      of the Schedule to S.I. 2005/2053. Section 122(1) is cited because of the meaning ascribed
      to the word “prescribe”.
(b) Section 173(1)(b) of the Social Security Administration Act 1992 (c. 5) provides that
      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.


Supplement No. 95 [June 2011]                           The Law Relating to Social Security                3.2447
SI 2011/634        SOCIAL SECURITY (DEFERRAL OF RETIREMENT PENSIONS)
                   REGULATIONS 2011

                                                 EXPLANATORY NOTE

                                         (This note is not part of the Regulations)

                     These Regulations amend the Social Security (Widow’s Benefit and Retirement
                   Pensions) Regulations 1979 (S.I. 1979/642) (the “1979 Regulations”) and the Social
                   Security (Deferral of Retirement Pensions) Regulations 2005 (S.I. 2005/453) (the “2005
                   Regulations”).
                     If a person defers entitlement to a state pension, that person may become entitled to
                   a higher rate of state pension or a lump sum (“deferral benefits”), which accrue over
                   time while the benefit remains unclaimed.
                     These Regulations amend regulation 4 of the 1979 Regulations and regulation 3 of
                   the 2005 Regulations to provide that:
                        — a person does not accrue any deferral benefits while that person is in receipt
                            of state pension credit;
                        — a person does not accrue any deferral benefits where that person is the member
                            of a couple and the other member of the couple is in receipt of income support,
                            income-based jobseeker’s allowance, state pension credit or income-related
                            employment and support allowance.
                     A full impact assessment has not been produced for this instrument as it has no
                   impact on the private or voluntary sector.




3.2448 (–3.2452)   Supplement No. 95 [June 2011]                     The Law Relating to Social Security
SOCIAL SECURITY (DEFERRAL OF RETIREMENT PENSIONS)                                             SI 2011/786
(AMENDMENT) REGULATIONS 2011
                                                                                                Regs. 1-2



                                      2011 No. 786

                             SOCIAL SECURITY

The Social Security (Deferral of Retirement Pensions)
          (Amendment) Regulations 2011

              Made      -    -    -    -                  15th March 2011
              Laid before Parliament                      15th March 2011
              Coming into force -                            5th April 2011

The Secretary of State makes the following Regulations in exercise of the powers
conferred by sections 122(1), 175(1) and (3) of, and paragraphs 3B(2) and 7B(2) of
Schedule 5 and paragraph 5(2) of Schedule 5A to, the Social Security Contributions
and Benefits Act 1992(a).

It appears to the Secretary of State that, by reason of urgency, it is inexpedient to refer
proposals in respect of these Regulations to the Social Security Advisory Committee(b).

Citation and commencement
  1. These Regulations may be cited as the Social Security (Deferral of Retirement
Pensions) (Amendment) Regulations 2011 and shall come into force on 5th April
2011.
  [Regulation 2 amends regulation 2 of S.I.1987/1968.]



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



                                                                              Steve Webb
                                                                         Minister of State
15th March 2011                                          Department for Work and Pensions




( a ) 1992 c. 4. Section 122(1) is cited for the meaning of “prescribe”.
(b) Section 173(1)(a) of the Social Security Administration Act 1992 (c. 5).


Supplement No. 95 [June 2011]                          The Law Relating to Social Security         3.2453
SI 2011/786        SOCIAL SECURITY (DEFERRAL OF RETIREMENT PENSIONS)
                   (AMENDMENT) REGULATIONS 2011

                                                 EXPLANATORY NOTE

                                         (This note is not part of the Regulations)

                     These Regulations amend the Social Security (Deferral of Retirement Pensions)
                   Regulations 2005 (S.I. 2005/453) to prescribe the day of the week on which an accrual
                   period begins for the purposes of paragraphs 3B and 7B of Schedule 5, and paragraph
                   5 of Schedule 5A, to the Social Security Contributions and Benefits Act 1992 (c. 4).
                     Schedule 5 to that Act deals with increasing a pension or paying a lump sum where
                   entitlement to a retirement pension is deferred. Schedule 5A to that Act deals with
                   increasing a pension or paying a lump sum where entitlement to a shared additional
                   pension is deferred. Paragraphs 3B and 7B of Schedule 5, and paragraph 5 of Schedule
                   5A, deal with calculation of a lump sum. In each case, a lump sum is calculated by
                   reference to accrual periods, being a period of seven days within a period of deferment
                   beginning with a prescribed day of the week.
                     A full impact assessment has not been produced for this instrument as it has no
                   impact on the private or voluntary sectors.




3.2454 (–3.2460)   Supplement No. 95 [June 2011]                    The Law Relating to Social Security
SOCIAL SECURITY BENEFIT (DEPENDENCY) REGULATIONS                                                           SI 1977/343

                                                                                                                  Sch. 2

30), Sch. 1, para. 3; lapsed (16.9.85) on removal of reference to Sch. 1 from these
Regulations by S.I. 1985/1190, reg. 3.]
                                                                                               1
                                                                                                Words substituted in
                                                                                               Sch. 2 title, Part 1 title
                                                                                               & in paras. 1, 2, & 2BB
                                                                                               by Sch. 2 of S.I. 2002/
                                     SCHEDULE 2                            Regulation 12(2)    2497 as from 1.4.03.

                                                                                1
             PRESCRIBED CIRCUMSTANCES FOR INCREASE OF                               A
                         CARER’S ALLOWANCE

                                           PART I

                 1
Increase of          carer’s allowance for child dependants
  1. For the purposes of increases of 1carer’s allowance for child dependants
under section 49, the prescribed circumstances in which a beneficiary is entitled to
such an increase for any period shall be as set out in the following paragraphs.
                                                                                               2
                                                                                                 Para. 2A, 2B and 2C
   2. The weekly rate of 1a carer’s allowance for any period for which the beneficiary         inserted by reg. 3(c) of
is entitled to child benefit in respect of a child or children shall be increased in respect   S.I. 1984/1699 as from
of that child, or each respectively of those children, by the appropriate amount specified     26.11.84.
                                                                                               3
in relation to that allowance in column (2) of Part IV of Schedule 4 to the Act.                 In para. 2A, sub-para.
                                                                                               (a) substituted & word
    2
     2A. Where–                                                                                in sub-para. (b)
                                                                                               substituted by para.
    3
     (a) a beneficiary is a member of a couple; and                                            7(7)(a) of Sch. 3 to S.I.
          (i) spouses residing together; or                                                    2005/2877 as from
                                                                                               10.4.06.
         (ii) an unmarried couple; and
     (b) the other 3member of the couple had earnings in any week,                             4
                                                                                                Amounts substituted in
                                                                                               para. 2B of Sch. 2 by
the beneficiary’s right to payment of increases for the following week under paragraph         reg. 4 of S.I. 2011/830
2 above shall be determined in accordance with paragraph 2B below.                             as from 11.4.11.
  2B. No increase shall be payable–
    (a) in respect of the first child where the earnings were 4£205 or more; and
                                                                                               5
                                                                                                Para. 2BB inserted by
    (b) in respect of a further child for each complete 4£27 by which the earnings             reg. 5(a) of S.I. 1987/355
        exceeded 4£205 .                                                                       as from 6.4.87.
    5
     2BB. The provisions of paragraphs 2A and 2B above shall not apply so as to
affect entitlement to an increase of 1carer’s allowance in respect of a child in any
case where the beneficiary–
     (a) was entitled to receive such an increase immediately before 26th November
          1984; and
     (b) throughout the period from and including that date to the date of coming
          into operation of this paragraph was, or but for the operation of those              6
                                                                                                In para. 2C defn. of
          paragraphs would have been, continuously so entitled,                                “unmarried couple”
until such time as he would otherwise first cease to be so entitled.                           omitted & “couple”
                                                                                               inserted by para.
  2C. In this Part of this Schedule–                                                           7(7)(b) of Sch. 3 to S.I.
                                                                                               2005/2877 as from
    6                                                                                          5.12.05.
         6
          “couple” means
        (a) a man and woman who are married to each other and are members of the same
            household;
        (b) a man and woman who are not married to each other but are living together as
            husband and wife;
        (c) two people of the same sex who are civil partners of each other and are members
            of the same household; or



Supplement No. 95 [June 2011]                       The Law Relating to Social Security                           3.2563
SI 1977/343                   SOCIAL SECURITY BENEFIT (DEPENDENCY) REGULATIONS
Sch. 2

1
  Defn. of “week”                 (d) two people of the same sex who are not civil partners of each other but are living
substituted in para. 2C                together as if they were civil partners,
by reg. 17(b) of S.I.
1996/2745 as from                      and for the purposes of paragraph (d), two people of the same sex are to be
25.11.96.                              regarded as living together as if they were civil partners if, but only if, they
2
  Words substituted in                 would be regarded as living together as husband and wife were they instead two
paras. 3, 5, 6 & 7 by                  people of the opposite sex;
Sch. 2 of S.I. 2002/               1
                                    “week” means any period of 7 days corresponding to the week in respect of
2497 as from 1.4.03.              which the relevant social security benefit is due to be paid or ending on the day
                                  before the first day of the first such week following the date of claim.
                                3. Where a person is entitled to receive payment of an amount by way of an increase
                              of 2a carer’s allowance under paragraph 2 above, that increase shall not be payable
                              unless one of the following conditions is satisfied–
                                  (a) that the beneficiary would be treated for the purposes of the Child Benefit
                                       Act as having the child living with him; or
                                  (b) that the requisite contributions are being made to the cost of providing for
                                       the child.
3
 In para. 4(a)(ii) & 7(a)
words inserted by reg.          4. The condition specified in paragraph 3(b) above is to be treated as satisfied if,
7(7)(c) & (d) of Sch. 3       but only if–
to S.I. 2005/2877 as               (a) such contributions are being made at a weekly rate not less than the amount
from 5.12.05.
                                        referred to in paragraph 2 above–
                                        (i) by the beneficiary, or
                                       (ii) where the beneficiary is one of two spouses 3or civil partner residing
                                            together, by them together; and
                                  (b) the contributions are over and above those required for the purposes of
                                        satisfying subsection (1)(b) of section 3 of the Child Benefit Act.
                                 5. Any sum or sums paid by a person by way of contribution towards the cost of
                              providing for two or more children being children in respect of whom, in the period for
                              which the sum in question is paid by the person, he is entitled to child benefit shall be
                              treated as such contributions, of such respective amounts equal in the aggregate to the
                              said sum or sums, in respect of those children so as to secure as large a payment as
                              possible by way of 2carer’s allowance in respect of them.
                                                                      PART II
                                            2
                              Increase of    carer’s allowance for adult dependants
                                6. For the purposes of increases of 2carer’s allowance for adult dependants
4
  Sub-paras. (a) and (b)      under section 49, the prescribed circumstances in which a beneficiary is entitled to
substituted retrospectively   such an increase for any period shall be as set out in paragraph 7 below.
from 22.12.84 by Social
Security Act 1986 (c. 50),      7. The weekly rate of 2a carer’s allowance shall be increased by the amount
s. 37(2).                     specified in relation to that allowance in column (3) of Part IV of Schedule 4 to the Act
5
  Sub-para. (a) of para. 7    for any period during which the beneficiary is residing with–
substituted by reg. 5(a)
of S.I. 1988/554 as               4
                                      (a) a spouse 3or civil partner whose weekly earnings do not exceed that
                                      5
from 11.4.88.
6
                                        amount; or
  Words inserted in para.
7(b), (b)(i) & (b)(iii) by        (b) some person (not being a child 6or qualifying young person ) who–
reg. 2(4) of S.I. 2006/
692 as from 10.4.06.
                                       (i) has the care of a child or children 6or a qualifying young person or
7
  Words omitted by reg.
                                           persons in respect of whom the beneficiary is entitled to child benefit
                                                7
5(b) of S.I. 1987/355 as                            ;
from 6.4.87.
8
  Head (iii) of para. 7(b)
substituted by reg. 5(b)
of S.I. 1988/554 as
from 11.4.88.




3.2564                        Supplement No. 95 [June 2011]                     The Law Relating to Social Security
SOCIAL SECURITY (GENERAL BENEFIT) REGULATIONS                                                              SI 1982/1408
                                                                                                            Regs. 12-16
                             1
                                 DISABLEMENT BENEFIT                                              1
                                                                                                   Words omitted by reg.
                                                                                                  13(3) of S.I. 1983/186
  [Regulations 12 and 13 revoked by regulation 13(4) of S.I. 1983/186 as from                     as from 6.4.83.
6.4.83.]

Amount of disablement gratuities
  14.—(1) Where the extent of a claimant’s disablement is assessed at any of the
degrees of disablement severally specified in column 1 of Schedule 3 to these
regulations, the amount of any disablement gratuity payable shall
    (a) if the period taken into account by that assessment is limited by reference to
         the claimant’s life or is not less than 7 years, be the amount calculated as the
         percentage of the maximum disablement gratuity (specified in paragraph 2
         of Part V of Schedule 4 to the Act) which is shown in column 2 of Schedule 3
         to these regulations as being appropriate to that degree of disablement;
    (b) in any other case, be the amount calculated as such a percentage of the
         maximum disablement gratuity as bears the same proportion to the percentage
         shown in column 2 of Schedule 3 to these regulations as being appropriate to
         that degree of disablement as the period taken into account by the assessment
         bears to a period of 7 years, a fraction of 5 pence being, for this purpose,
         treated as 5 pence.
   2
    (1A) Paragraph (1) applies in relation to cases where the claim for benefit was               2
                                                                                                   Reg. 14(1A) inserted by
made before 1st October 1986.                                                                     reg. 7(3) of S.I. 1986/
                                                                                                  1561 as from 1.10.86.
  (2) For the purposes of this regulation, whenever such maximum disablement
gratuity is altered by virtue of the passing of an Act or the making of an up-rating
order, corresponding variations in the scale of gratuities payable under this regulation
shall be payable only where the period taken into account by the assessment of the
extent of disablement in respect of which the gratuity is awarded begins on or after the
date of coming into operation of the provision altering the amount of the maximum
disablement gratuity.

Weekly value of gratuity for purposes of reduction of increase of disablement benefit
during hospital treatment
  15. For the purpose of reducing the weekly rate of disablement pension payable by
virtue of section 62 to a person awarded a disablement gratuity wholly or partly in
respect of the same period, the weekly value of the gratuity shall be the weekly rate of
disablement pension which would be payable to that person in lieu thereof in
accordance with regulation 18(2) if that regulation applied to his case.

Earnings level for the purpose of unemployability supplement under section 58 of
the Act
    3
     16.—(1) For the purposes of section 58(3) (earnings level that does not disqualify           3
                                                                                                   Reg. 16 substituted by
for unemployability supplement) the prescribed amount of earnings in a year is                    reg. 2 of S.I. 2011/674
determined as follows–                                                                            as from 11.4.11.
     (a) multiply the National Minimum Wage by 16;
     (b) where the amount determined by the calculation in sub-paragraph (a) would,
          but for this sub-paragraph, include an amount of–
          (i) less than 50p, the amount determined under sub-paragraph (a) shall be
              rounded up to the nearest 50p, or
         (ii) less than £1 but more than 50p, the amount determined under sub-
              paragraph (a) shall be rounded up to the nearest £1; and
     (c) multiply the amount resulting from sub-paragraph (a) or (b) by 52.
  (2) In this regulation “National Minimum Wage” means the rate of the national
minimum wage specified in regulation 11 of the National Minimum Wage Regulations
1999(a) (rate of the national minimum wage).
( a ) S.I. 1999/584. Regulation 11 was most recently amended by regulation 3 of S.I. 2010/1901.


Supplement No. 95 [June 2011]                       The Law Relating to Social Security                            3.3253
SI 1982/1408              SOCIAL SECURITY (GENERAL BENEFIT) REGULATIONS
Regs. 17-18
1
 Words deleted by reg.                                              1
                                                  INCREASE OF           DISABLEMENT BENEFIT
13(3) of S.I. 1983/186
as from 6.4.83.
                          Circumstances in which, for the purposes of section 60, a beneficiary may be treated
                          as being incapable of following an occupation or employment notwithstanding that he
                          has worked thereat
2
 Words substituted in        17.—(1) For the purposes of 2section 59A (reduced earnings allowance) , when
reg. 17(1) by reg. 7(4)   it is being determined whether a beneficiary has at all times since the end of 2the
of S.I. 1986/1561 as
from 1.10.86.             period of 90 days referred to in section 57(4) been incapable of following his regular
                          occupation or employment of an equivalent standard which is suitable in his case, and
                          in determining that question only, the fact that since the end of 2that period of 90
                          days such beneficiary had worked at that occupation or any such employment (as the
                          case may be)–
                                (a) for the purpose of rehabilitation or training or of ascertaining whether he had
                                    recovered from the effects of the relevant injury; or
                                (b) before obtaining surgical treatment for the effects of the said injury;
                          shall be disregarded in respect of the periods specified in the next following paragraph.
                            (2) The periods during which the beneficiary worked at his regular occupation or at
                          employment of equivalent standard, which shall be disregarded in accordance with
                          the provision of the preceding paragraph, shall be–
                               (a) in any case to which sub-paragraph (a) of that paragraph applies–
                                    (i) any period during which he worked thereat for any of the said purposes
                                        with the approval of the Secretary of State or on the advice of a medical
                                        practitioner, and
                                   (ii) any other period or periods during which he worked thereat for any of the
                                        said purposes and which did not exceed six months in the aggregate and
                               (b) in any case to which sub-paragraph (b) of that paragraph applies–
                                    (i) any period during which he worked thereat and throughout which it is
                                        shown that having obtained the advice of a medical practitioner to submit
                                        himself to such surgical treatment he was waiting to undergo the said
                                        treatment in accordance therewith, and
                                   (ii) any other period during which he worked thereat and throughout which
                                        it is shown that he was in process of obtaining such advice.

                          Payments in respect of special hardship where beneficiary is entitled to a gratuity
                             [Under regulation 7(5) and (6) of The Social Security (Industrial Injuries and
                          Diseases) Miscellaneous Provisions Regulations 1986, S.I. 1986/1561, regulation
                          18 below continues to apply, for pre-1.10.86 beneficiaries under it, as if references
                          to an increase of disablement pension under s. 60 were references to a reduced
                          earnings allowance payable under s. 59A. S. 59A has been re-enacted as para. 11
                          of Sch. 7 to the S.S. Conts. & Bens. Act 1992 (c. 4); reduced earnings allowance is
                          now available only for pre-1.10.90 cases, see S.S. Act 1990 (c. 27), s. 3, and S.I.
                          1990/1446 (c. 43), Sch., Part II.]
                             18.—(1) Where in any case a beneficiary is entitled to or has received a disablement
                          gratuity, such beneficiary shall as respects that gratuity have the like rights to payments
                          in respect of special hardship as he would have had by way of increase of disablement
                          pension under section 60 if the disablement gratuity had been a disablement pension
                          payable during the period taken into account by the assessment.
                            (2) A beneficiary who is entitled as respects a disablement gratuity to payments in
                          respect of special hardship by virtue of the preceding paragraph shall, if he makes an
                          application in that behalf at any time before that gratuity or any part thereof has been
                          paid to him, be entitled, subject to the proviso to section 57(6), to a disablement
                          pension in lieu of such gratuity for any part of the period taken into account by the
                          assessment during which he may be entitled to an increase of such pension in respect
                          of special hardship under section 60, and the weekly rate of such pension shall be
                          determined in accordance with Schedule 4 of these regulations.
                            (3) For the purposes of paragraph (2) and notwithstanding the provisions of
                          regulation 14(2) whenever the weekly rate of such pension is altered consequent upon
                          the passing of an Act or the making of an uprating order, such variation shall have
                          effect as from the date on which the provision varying the amount of

3.3254                    Supplement No. 95 [June 2011]                     The Law Relating to Social Security
SOCIAL SECURITY (INCAPACITY BENEFIT) REGULATIONS                                                               SI 1994/2946
1994
                                                                                                                Regs. 7A-7B
30A of the Contributions and Benefit Act(a), a day which falls within the maternity
pay period shall, notwithstanding paragraph 1 of Schedule 13 to that Act, be treated as
a day of incapacity for work for the purpose of determining whether it forms part of a
period of incapacity for work where–
     (a) on that day she was incapable of work; and
     (b) that day is not treated under section 30C(3) of the Contributions and Benefits
          Act(b) as a day which is not a day of incapacity for work; and
     (c) the day immediately preceding the first day in the maternity pay period falls
          within either a period of incapacity for work or a period of entitlement to
          statutory sick pay for the purposes of Part II of the Contributions and Benefits
          Act; and
     (d) the woman either satisfied the contribution conditions specified for short-
          term incapacity benefit on the first day of incapacity for work to fall within
          that period of incapacity for work or would have satisfied those conditions
          had a claim for short-term incapacity benefit been made on the first or any
          subsequent day for incapacity for work falling within that period of
          entitlement.
   (2) Any day which, by virtue of paragraph (1), forms part of a period of incapacity
for work shall be further treated, for the purpose of determining entitlement to short-
term incapacity benefit at the higher rate or long-term incapacity benefit under section
30A of the Contributions and Benefit Act, as being a day on which the woman has
been entitled to short-term incapacity benefit.
 (3) For the purposes of this regulation “period of incapacity for work” has the same
meaning as in section 30C(1) of the Contributions and Benefits Act.
   (4) Where by virtue of paragraph (1) a woman is entitled to short-term incapacity
benefit at the higher rate or long-term incapacity benefit for any week (including part
of a week) the total amount of such benefit (including any increase for a dependant)
payable to her for that week shall be reduced by an amount equivalent to any statutory
maternity pay to which she is entitled in accordance with Part 12 of the Contributions
and Benefits Act for the same week and only the balance, if any, of the short-term
incapacity benefit at the higher rate or long-term incapacity benefit shall be payable
to her.
     1
         Effect of statutory adoption pay on incapacity benefit                                      1
                                                                                                      Reg. 7B inserted by
                                                                                                     reg. 10(2) of S.I. 2002/
  7B.—(1) For the purpose of determining a person’s entitlement to short-term                        2690 as from 8.12.02.
incapacity benefit at the higher rate or long-term incapacity benefit under section
30A of the Contributions and Benefits Act, a day which falls within the adoption pay
period shall, notwithstanding section 171ZP(1) of the Contributions and Benefits
Act(c), be treated as a day of incapacity for work for the purpose of determining
whether it forms part of a period of incapacity for work where–
     (a) on that day he was incapable of work; and
     (b) that day is not treated under section 30C(3) of the Contributions and Benefits
         Act as a day which is not a day of incapacity for work; and
     (c) the day immediately preceding the first day in the adoption pay period falls
         within either a period of incapacity for work or a period of entitlement to statutory
         sick pay for the purposes of Part 11 of the Contributions and Benefits Act; and
     (d) the person either satisfied the contribution conditions specified for short-term
         incapacity benefit on the first day of incapacity for work to fall within that
         period of incapacity for work or would have satisfied those conditions had a
         claim for short-term incapacity benefit been made on the first or any subsequent
         day of incapacity for work falling within that period of entitlement.
   (2) Any day which, by virtue of paragraph (1), forms part of a period of incapacity
for work shall be further treated, for the purpose of determining entitlement to short-
term incapacity benefit at the higher rate or long-term incapacity benefit under section

( a ) S. 30A was inserted by s. 1(1) of the Social Security (Incapacity for Work) Act 1994 and was
      amended by s. 64 and 88 of the Welfare Reform and Pensions Act 1999.
(b) S. 30C(3) was inserted by s. 3(1) of the Social Security (Incapacity for Work) Act 1994.
( c ) S. 171ZP(1) was inserted by s. 4 of the Employment Act 2002.


Supplement No. 95 [June 2011]                         The Law Relating to Social Security                              3.4177
SI 1994/2946               SOCIAL SECURITY (INCAPACITY BENEFIT) REGULATIONS
                           1994
Regs. 7B-9
                           30A of the Contributions and Benefits Act, as being a day on which the person has
                           been entitled to short-term incapacity benefit.
                            (3) For the purposes of this regulation “period of incapacity for work” has the same
                           meaning as in section 30C(1) of the Contributions and Benefits Act.
                              (4) Where by virtue of paragraph (1) a person is entitled to short-term incapacity
                           benefit at the higher rate or long-term incapacity benefit for any week (including part
                           of a week) the total amount of such benefit (including any increase for a dependant)
                           payable to him for that week shall be reduced by an amount equivalent to any statutory
                           adoption pay to which he is entitled in accordance with Part 12ZB of the Contributions
                           and Benefits Act(a) for the same week and only the balance, if any, of the short-term
                           incapacity benefit at the higher rate or long-term incapacity benefit shall be payable
                           to him.
                            1
1
 Reg. 7C inserted by        Inclusion of days of sickness absence from duty before discharge from Her
reg. 2 of S.I. 2003/1068   Majesty’s forces in calculating days of entitlement to incapacity benefit
as from 5.5.03.
                             7C.—(1) For the purpose of section 30D(3A) of the Contributions and Benefits Act
                           (days to be included in respect of person discharged from Her Majesty’s forces after
                           3rd May 2003 when calculating the number of days for which the person has been
                           entitled to short-term incapacity benefit) there is prescribed any day which falls within
                           a period–
                                (a) of 4 or more consecutive days each of which is a day which is recorded by the
                                      Secretary of State for Defence as a day on which the person was on sickness
                                      absence from duty; and
                                (b) which ends not more than 8 weeks before the first day of the period to which
                                      the claim for incapacity benefit relates.
                             (2) For the purpose of paragraph (1)(a) any two such periods not separated by a
                           period of more than 8 weeks shall be treated as one period.

                           Limit of earnings from councillor’s allowance
2
 Reg. 8 substituted by         2
                                 8.—(1) For the purposes of section 30E(1) of the Contributions and Benefits Act
reg. 5 of S.I. 2011/674    (incapacity benefit: reduction for councillor’s allowance) the prescribed amount is 16
as from 11.4.11.
                           x National Minimum Wage, subject to paragraph (3).
                             (2) In this regulation “National Minimum Wage” means the rate of the national
                           minimum wage specified in regulation 11 of the National Minimum Wage Regulations
                           1999 (rate of the national minimum wage).
                             (3) Where the amount determined by the calculation in paragraph (1) would, but
                           for this paragraph, include an amount of–
                                (a) less than 50p, that amount shall be rounded up to the nearest 50p; or
                                (b) less than £1 but more than 50p, that amount shall be rounded up to the
                                     nearest £1.

                           Councillor’s allowance paid otherwise than weekly
                              9.—(1) For the purposes of section 30E(2) of the Contributions and Benefits Act,
                           where a councillor’s allowance is paid otherwise than weekly, an amount calculated in
                           accordance with paragraphs (2) and (3) shall be regarded as the weekly amount of the
                           allowance.
                             (2) In the case of an attendance allowance, the weekly amount shall be the amount
                           paid in respect of attendances undertaken in the week in question.
                             (3) In the case of a basic allowance or a special responsibility allowance, the weekly
                           amount shall be calculated–
                               (a) where that allowance is paid annually, by dividing the amount paid by 52;
                               (b) where that allowance is paid quarterly, by dividing the amount paid by 13;
                               (c) where that allowance is paid monthly, by multiplying the amount by 12 and
                                     dividing by 52; and
                               (d) in any other case, by dividing the amount of the allowance by the number of
                                     days in the period and multiplying it by 7.
                           ( a ) Part 12ZB was inserted by s. 4 of the Employment Act 2002.


3.4178                     Supplement No. 95 [June 2011]                        The Law Relating to Social Security
SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL)                                                                SI 1995/311
REGULATIONS 1995
                                                                                                                  Regs. 1-2
Contributions and Benefits Act 1992(a) and of all other powers enabling him in that
behalf, by this instrument which contains only regulations made by virtue of section
5 and 6 of the Social Security (Incapacity for Work) Act 1994 and which is made
before the end of the period of 6 months beginning with the coming into force of that
Act(b), after consultation with the Council on Tribunals(c), hereby makes the following
Regulations;


                                             PART I
                                            GENERAL

Citation and commencement
  1. These Regulations may be cited as the Social Security (Incapacity for Work)
(General) Regulations 1995 and shall come into force on 13th April 1995.

Interpretation
  2.—(1) In these Regulations unless the context otherwise requires–
    “activity” means an activity specified in column (1) of Parts I and II of the Schedule;
        1                                                                                           1
                                                                                                      Defn. of “adjudication
                                                                                                    officer” omitted by
    “the Administration Act” means the Social Security Administration Act 1992;                     para.1 of Sch.10 to S.I.
        2
                                                                                                    1999/2422 as from
    “benefit” does not include statutory sick pay or industrial injuries benefit;                   6.9.99.
                                                                                                    2
    “confinement” has the meaning given to it by section 171(1) of the Contributions                  Defn. of “the all work
                                                                                                    test” omitted by reg.
    and Benefits Act;                                                                               2(1) of S.I. 1999/3109
    “the Contributions and Benefits Act” means the Social Security Contributions                    as from 3.4.00.
    and Benefits Act 1992;
    “close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-
    in-law, step-parent, step-son, step-daughter, brother, sister, 3or if any of the                3
                                                                                                     Words substituted in
    preceding persons is one member of a couple, the other member of that couple                    defns. of “close
                                                                                                    relative” & defn. of
    3                                                                                               “couple” inserted by
     “couple” means–
                                                                                                    para. 25(b) of Sch. 3 to
     (a) a man and woman who are married to each other and are members of the same                  S.I. 2005/2877 as from
          household;                                                                                5.12.05.
    (b) a man and woman who are not married to each other but are living together as
          husband and wife;
     (c) two people of the same sex who are civil partners of each other and are
          members of the same household; or
    (d) two people of the same sex who are not civil partners of each other but are
          living together as if they were civil partners,
    and for the purposes of paragraph (d), two people of the same sex are to be regarded
    as living together as if they were civil partners if, but only if, they would be
    regarded as living together as husband and wife were they instead two people of
    the opposite sex;
    “descriptor” means, in relation to an activity, the descriptor in column (2) of the
    Schedule which describes a person’s ability to perform that activity;
        4                                                                                           4
                                                                                                     Defn. of “disability
                                                                                                    appeal tribunal” omitted
                                                                                                    by para.1 of Sch.11 to
                                                                                                    S.I. 1999/2860 as from
                                                                                                    18.10.99.
( a ) 1992 c. 4 Sections 171A, 171B and 171C were inserted by section 5 of the Social Security
      (Incapacity for Work) Act 1994, sections 171D and 171E were inserted by section 6(1) of
      that Act and Section 61A was inserted by section 6(2) of that Act. Section 171G(2) is cited
      for the meaning it gives to “prescribed:.
(b) See the Social Security Administration Act 1992 (c. 5), section 173(5)(a). This provides that
      regulations made before the end of six months from the coming into force of the enactment
      under which they are made are not required to be referred to the Social Security Advisory
      Committee.
( c ) See section 8 of the Tribunals and Enquiries Act 1992 (c. 53).

Supplement No. 95 [June 2011]                        The Law Relating to Social Security                              3.4383
SI 1995/311                  SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL)
                             REGULATIONS 1995
Regs. 2-3
                                 “the Disability Living Allowance Advisory Board” means the board referred to in
                                 section 175(1) of the Administration Act;
1
 Words added to defn. of         “doctor” means a registered medical practitioner; 1, or in the case of a medical
“doctor” by reg. 2(2)(a)         practitioner practising outside the United Kingdom of whom the Secretary of
of S.I. 1996/3207 as             State may request a medical opinion, a person registered or recognised as such in
from 6.1.97.
                                 the country in which he pursues his medical practice
                                   2
2
 Defn. of “health care              “health care professional” means–
professional” inserted
by reg. 3 of S.I. 2007/           (a) a registered medical practitioner,
1626 as from 3.7.07.             (b) a registered nurse,
                                  (c) an occupational therapist or physiotherapist registered with a regulatory
                                      body established by an Order in Council under section 60 of the Health Care
                                      Act 1999, or
                                 (d) a member of such other profession, regulated by a body mentioned in section
                                      25(3) of the National Health Service Reform and Health Care Professions Act
                                      2002, prescribed by the Secretary of State in accordance with powers under
                                      section 39(1) of the Social Security Act 1998 .
                                   3
3
  Defn. “medical                    “medical evidence” 4, except in regulation 16A, means–
evidence” added by reg.
2(2)(b) of S.I. 1996/
                                          (a) evidence from a 5health care professional approved by the Secretary
3207 as from 6.1.97.                          of State, and
4
  Words inserted in defn.                (b) evidence (if any) from any other 5health care professional , or a
of “medical evidence”                         hospital or similar institution,
by reg. 6(2) of S.I.
2011/674 as from                 or such part of such evidence as constitutes the most reliable evidence available
11.4.11.                         in the circumstances;
5
  In reg. 2, words
substituted in defn. of
                                 “the own occupation test” means the test defined in section 171B of the
“medical evidence” by            Contributions and Benefits Act;
                                   6
reg. 6(2) of S.I. 2010/             “personal capability assessment” means the assessment defined in Part III of
840 as from 28.6.10.             these Regulations”
6
  Defn. of “personal              7
capability assessment”
inserted by reg. 2(1) of           “relative” means a close relative, 9the other member of a couple , grandparent,
                                   8
S.I. 1999/3109 as from
3.4.2000.
                                 grandchild, uncle, aunt, nephew or niece;
7                                 10
  Defn. of “the President”
omitted by para.1 of             “spell of incapacity” has the meaning given to it by section 171B(3) of the
Sch.10 to S.I. 1999/
2422 as from 6.9.99.             Contributions and Benefits Act;
8                                 11
  Defn. “relative” added
by reg. 2(2)(c) of S.I.            12
1996/3207 as from
                                    “volunteer” means a person who is engaged in voluntary work otherwise than
6.1.97.                          for a close relative, where the only payment received by him or due to be paid to
9
  Words substituted in           him by virtue of being so engaged in respect of any expenses reasonably incurred
defn. of “relative”, by          by him in connection with that work;
para. 25(c) of Sch. 3 to
S.I. 2005/2877 as from           “week” means any period of 7 days.
5.12.05.
10
   Defn. of “social            (2) In these Regulations unless the context otherwise requires, any reference–
security appeal tribunal”        (a) to a numbered regulation is to the regulation in these Regulations bearing
omitted by para.1 of                  that number;
Sch.10 to S.I.1999/2422
as from 6.9.99.                  (b) to the Schedule is the Schedule to these Regulations.
11
   Defn. “voluntary
organisation” deleted by
reg. 2(2)(e) of S.I.         Application
1996/3207 as from
6.1.97.                         3. These Regulations do not apply for the purposes of Part V (benefit for industrial
12
   Defn. of “volunteer”      injuries) or Part XI (statutory sick pay) of the Contributions and Benefits Act.
substituted by reg.
2(2)(f) of S.I. 1996/
3207 as from 6.1.97.




3.4384                       Supplement No. 95 [June 2011]                   The Law Relating to Social Security
SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL)                                                              SI 1995/311
REGULATIONS 1995
                                                                                                            Regs. 11-13A
              (i) to which section 71(1) of the Health Services and Public Health Act
                   1968(a) (compensation for stopping employment to prevent spread of
                   disease in Scotland) applies;
             (ii) to which–
                  (aa) regulations 8 and 9 (examination, etc. of persons on aircraft and
                       powers in respect of persons leaving aircraft) of the Public Health
                       (Aircraft) (Scotland) Regulations 1971(b); or
                 (bb) regulations 9 and 10 (examination, etc. of persons on ships and
                       powers in respect of persons on ships) of the Public Health (Ships)
                       (Scotland) Regulations 1971(c),
               apply.

Hospital in-patients
  12. A person shall be treated as incapable of work on any day on which he is
undergoing medical or other treatment as an in-patient in a hospital or similar
institution.

Person receiving certain regular treatment
     13.—(1) The following provisions of this regulation apply to a person receiving–
       (a) regular weekly treatment by way of haemodialysis for chronic renal
           failure or peritoneal dialysis for chronic renal failure;
       (b) treatment by way of plasmapheresis, by way of parenteral chemo-
           therapy with cytotoxic drugs, anti-tumour agents or immuno-suppres-
           sive drugs or by way of radiotherapy; or
       (c) regular weekly treatment by way of total parenteral nutrition for gross
           impairment of enteric function.
  (2) A person referred to in paragraph (1) shall be treated as incapable of work
on any day on which he is engaged in that treatment.
   (3) A person who works during any week in which he receives treatment
referred to in paragraph (1) shall be treated as capable of work for the purposes of
regulation 16 only on the actual day or days on which he works in that week.
  (4) Section 171B(3) of the Contributions and Benefits Act (which defines a
spell of incapacity) shall have effect in relation to a person referred to in
paragraph (1) as if the period of 4 days mentioned in that section were a period of
2 days, whether consecutive or not, in a period of 7 consecutive days.

 1                                                                                                1
                                                                                                   Reg. 13A inserted by
     Welfare to work beneficiary
                                                                                                  reg. 4(2) of S.I. 1998/
  13A.—(1) Subject to paragraph (3), a person is a “welfare to work beneficiary” on               2231 as from 5.10.98.
any day in a linking term, where he–
    (a) was incapable of work for a period of incapacity for work of more than 196
         days in his immediate past period of incapacity for work;
    (b) ceased to be entitled to the benefit at the end of that immediate past period
         of incapacity for work on a day which falls on or after 5th October 1998;
           2
            and                                                                                   2
                                                                                                   Words added and
                                                                                                  substituted in reg.
    (c) became engaged in remunerative work within 2one month of so ceasing to                    13A(1)(b) & (c), “and”
         be entitled to that benefit at the end of that immediate past period of                  and sub-para. (d)
         incapacity for work; 2                                                                   omitted by reg.
                                                                                                  12(3)(a)-(c) of S.I.
   (2) A welfare to work beneficiary shall be treated as incapable of work on any day             2006/2378 as from
in a period, consisting of a cumulative number of days of incapacity for work not                 1.10.06.

(a) 1968 c. 46; section 71 was amended by section 64 of, and Schedule 6 to, the National Health
    Service (Scotland) Act 1972 (c. 58) and section 180 of, and Schedule 14 to, the Local
    Government etc. (Scotland) Act 1994 (c. 39).
(b) S.I. 1971/131.
(c) S.I. 1971/132.


Supplement No. 95 [June 2011]                       The Law Relating to Social Security                             3.4391
SI 1995/311                SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL)
                           REGULATIONS 1995
Regs. 13A-14
                           exceeding 91 days in total, beginning within the linking term and ending on a day not
                           later than 13 weeks from the end of that linking term, where he-
                                (a) claims benefit for any day falling within that linking term;
                                (b) submits evidence in accordance with regulation 2 of the Social Security
                                      (Medical Evidence) Regulations 1976(a); and
                                (c) in his immediate past period of incapacity for work–
1
  Words substituted in                (i) had been assessed and 1 determined to be incapable of work in
reg. 13A(2)(c)(i) by                      accordance with the pesonal capability assessment under Part III , or
reg. 2(6) of S.I. 1999/
3109 as from 3.4.00.                 (ii) had been treated under regulation 10 (certain persons with a severe
                                          condition to be treated as incapable of work) as incapable of work.
                               2
2
 Reg. 13A (3)                   (3) A person is not a welfare to work beneficiary under paragraph (1) his immediate
substituted, para. (3A)    past period of incapacity for work was ended by a determination, other than a
added and words in         determination in the circumstances set out in paragraph (1) or (3A), that he was, or was
defn. of “linking term”
substituted and added to
                           treated as, capable of work.
defn. of “immediate past
period of incapacity for
                             (3A) The circumstances are that the person had successfully appealed against a
work” by reg. 12(3)        determination made in respect of the personal capability assessment or the own
(d)-(f) of S.I. 2006/      occupation test in relation to his immediate past period of incapacity for work.
2378 as from 1.10.06.
                             (4) For the purposes of this regulation–
                               “benefit” means any benefit, allowance or advantage under the Contributions and
                               Benefits Act (other thanstatutory sick pay), or under the Jobseekers Act 1995(b),
                               for which entitlement is dependent on incapacity for work;
                               “linking term” means a period of 2104 weeks (whether or not broken by days of
                               incapacity for work) fixed on the first day immediately following the last day of
                               incapacity in a period of incapacity for work;
                                 3
3
 Defn. of “immediate              “immediate past period of incapacity for work” means 2the most recent of –
past period of                        (i) a period of incapacity for work under section 30C(1) of the Contributions
incapacity for work”
substituted by reg. 2(b)                  and Benefits Act,
of S.I. 2006/757 as                  (ii) a period of incapacity for work under section 152 of the Contributions
from 10.4.06.                             and Benefits Act, or
                                    (iii) a term composed of a period of incapacity for work under section 30C(1)
                                          and a period of incapacity for work under section 152 and includes any
                                          two such periods of incapacity for work which are separated by a period
                                          of not more than 8 weeks.
                               “remunerative work” means–
                                     (a) work (other than exempt work under regulation 17) for which payment is
                                          made or which is done in expectation of payment, or
                                     (b) attendance on a training course in respect of which the person receives a
                                          training allowance in pursuance of arrangements made under section
                                          2(1) of the Employment and Training Act 1973(c) or section 2(3) of the
                                          Enterprise and New Towns (Scotland) Act 1990(d).

                           Pregnancy
                             14. A pregnant woman shall be treated as incapable of work–
                               (a) on any day on which, because of her pregnancy, there is a serious risk of
                                    damage to her health or to the health of her unborn child if–
                                    (i) in a case where the own occupation test applies, she does not refrain from
                                        work in the occupation which is relevant for the purposes of that test; or
4
 Words substituted in              (ii) in a case 4where the question of whether a person is capable or incapable
reg. 14(a)(ii) by reg.                  of work falls to be determined in accordance with the personal capability
2(7) of S.I. 1999/3109                  assessment, she does not refrain from work in any occupation; or
as from 3.4.00.
                           (a) S.I. 1976/615; regulation 2 was amended by S.I. 1982/699, 1987/409, 1992/247, 1994/2975
                                 and 1995/987.
                           (b) 1995 c. 18.
                           ( c ) 1973 c. 50.
                           (d) 1990 c. 35.

3.4392                     Supplement No. 95 [June 2011]                     The Law Relating to Social Security
SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL)                                                       SI 1995/311
REGULATIONS 1995
                                                                                                     Regs. 14-16A
    (b) in the case of a woman whose expected or actual date of confinement has
         been certified in accordance with the Social Security (Medical Evidence)
         Regulations 1976, on any day in the period–
         (i) beginning with the first day of the 6th week before the expected week of
             her confinement or the actual date of her confinement, whichever is
             earlier; and
        (ii) ending on the 14th day after the actual date of her confinement, if she
             would have no entitlement to a maternity allowance or statutory maternity
             pay were she to make a claim in respect of that period.

Person to be treated as incapable of work throughout a day
  15. A person who at the commencement of any day is, or thereafter becomes,
incapable of work by reason of some specific disease or bodily or mental disablement
shall be treated as incapable of work throughout that day.

                                   CHAPTER IV

          TREATING AS CAPABLE, DISQUALIFICATION ETC.

Person who works to be treated as capable of work
    1
      16.—(1) A person shall be treated as capable of work on each day of any week         1
during which he does work.                                                                  Reg. 16 substituted by
                                                                                           reg. 3 of S.I. 2006/757
  (2) Paragraph (1) applies even if–                                                       as from 10.4.06.
    (a) it has been determined that he is, or is to be treated under any of regulations
         10 to 15 or regulation 27 as, incapable of work, or
    (b) he meets the conditions set out in regulation 28(2) for treating a person as
         incapable of work in accordance with the personal capability assessment
         until a determination has been made in accordance with that assessment.
  (3) Paragraph (1) does not apply to–
    (a) work as a councillor disregarded under section 171F of the Contributions
         and Benefits Act,
    (b) approved work under regulation 10A,
    (c) care of a relative or domestic tasks carried out in his own home,
    (d) any activity he undertakes during an emergency solely to protect another
         person or to prevent serious damage to property or livestock, or
    (e) any of the categories of work set out in regulation 17 (exempt work).
   (4) This regulation is subject to regulation 13(3) (person receiving certain regular
treatment).
  (5) A person who does work to which this regulation applies in a week which is–
    (a) the week in which he first becomes entitled to a benefit, allowance or
        advantage on account of his incapacity for work in any period, or
    (b) the last week in any period in which he is incapable of work,

shall be treated as capable of work by virtue of paragraph (1) only on the actual day or
days in that week on which he does that work.
  (6) In this regulation–
    “week” means a period of 7 days beginning with Sunday,
    “work” means any work which a person does, whether or not he undertakes it in
    expectation of payment.
 2
   Persons to be treated as capable of work at the end of the period covered by            2
                                                                                             Heading to 16A inserted
medical evidence                                                                           by reg. 6(3) of S.I. 2010/
                                                                                           840 as from 28.6.10.
   16A. 3—(1) Where the Secretary of State is satisfied that it is appropriate in the      3
                                                                                             Reg. 16A renumbered
circumstances of the case then a person may be treated as being capable of work if–        16A(1) and words in
     (a) the person has supplied medical evidence 2 ;                                      16A(1)(a) omitted by
                                                                                           reg. 6(3)(a)-(c) of S.I.
     (b) the period for which medical evidence was supplied has ended;                     2011/674 as from
     (c) the Secretary of State has requested further medical evidence; and                11.4.11.


Supplement No. 95 [June 2011]                   The Law Relating to Social Security                          3.4393
SI 1995/311                 SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL)
                            REGULATIONS 1995
Regs. 16A-17
                                 (d) the person has not, before whichever is the later of either the end of the
                                      period of six weeks beginning with the date of the Secretary of State’s request
                                      or the end of six weeks beginning with the day after the end of the period for
                                      which medical evidence was supplied–
                                      (i) supplied further medical evidence, or
                                     (ii) otherwise made contact with the Secretary of State to indicate a wish to
                                          have the question of incapacity for work determined.
                                1
1
 Para. (2) inserted &            (2) In this regulation “medical evidence” means evidence provided under
amounts in reg. 17(3) &     regulation 2 or 5 of the Social Security (Medical Evidence) Regulations 1976(a).
(4) substituted by reg.
6(3)(b)-(c) of S.I. 2011/
674 as from 11.4.11.        Exempt work
                                2
2
 Reg. 17 substituted by          17.—(1) The categories of work referred to in regulation 16(3)(e) are set out in
reg. 4 of S.I. 2006/757     the following paragraphs.
as from 10.4.06.
                              (2) Work for which the earnings in any week do not exceed £20.00.
                             (3) Work for which the earnings in any week do not exceed 116x National Minimum
                            Wage, subject to paragraph (10), and which–
                               (a) is part of a treatment programme and is done under medical supervision
                                    while the person doing it is an in-patient, or is regularly attending as an out-
                                    patient, of a hospital or similar institution, or
3
 Words inserted in reg.        (b) is supervised by a person employed by a public or local authority or 3by a
17(3)(b) & reg. 17(4)               voluntary organisation 3or community interest company(b) engaged in
(a) substituted by reg.
6(4)(a) & (b) of S.I.
                                    the provision or procurement of work for persons who have disabilities.
2010/840 as from
28.6.10.
                              (4) Work which is done for less than 16 hours a week, for which earnings in any
                            week do not exceed 216x National Minimum Wage, subject to paragraph (10), and
                            which–
                                3
                                 (a) is done during a period of specified work, provided that–
                                      (i) the person has not previously done specified work,
                                     (ii) since the beginning of the last period of specified work, the person has
                                          ceased to be entitled to a relevant benefit for a continuous period
                                          exceeding 8 weeks, or
                                    (iii) not less than 52 weeks have elapsed since the last period of specified
                                          work; or
                                 (b) is done by a person who is treated as incapable of work under–
                                      (i) regulation 10 (persons with a severe condition treated as incapable of
                                          work), or
                                     (ii) regulation 31(3) and (5)(c) to (k) of the Social Security (Incapacity Benefit)
                                          (Transitional) Regulations 1995(c) (persons treated as incapable of work).
                               (5) Work done in the course of receiving assistance in pursuing self-employed
                            earner’s employment whilst participating in a programme provided or other
                            arrangements made under section 2 of the Employment and Training Act 1973(d)
                            (functions of the Secretary of State) or section 2 of the Enterprise and New Towns
                            (Scotland) Act 1990(e) (functions in relation to training for employment etc).

                            ( a ) S.I. 1976/615. Paragraphs (1) & (1A) were inserted into regulation 2 by regulation 2(2) of
                                  S.I. 2010/137. Regulation 2 has been amended by other instruments but not in a way
                                  material to these Regulations. Regulation 5 was inserted by regulation 2 of S.I. 1982/699 and
                                  has been amended but not in a way material to these Regulations.
                            (b) As established under the Companies (Audit, Investigations and Community Enterprise) Act
                                  2004 c. 27.
                            ( c ) S.I. 1995/310. Relevant amending instruments are S.I. 1995/987, 1996/3207, 1998/2231
                                  1999/3109.
                            (d) 1973 c. 50; section 2 was amended by section 25(1) of the Employment Act 1988 (c. 19);
                                  section 29(4) and Schedule 7; Part I of the Employment Act 1989 (c. 38) and section 47(1)
                                  of the Trade Union Reform and Employment Rights Act 1993 (c. 19).
                            ( e ) 1990 c. 35; section 2 was amended by sections 47 and 51 of, and Schedule 10 to, the Trade
                                  Union Reform and Reform and Employment Rights Act 1993 and by S.I. 1999/1820.


3.4394                      Supplement No. 95 [June 2011]                         The Law Relating to Social Security
SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL)                                                                    SI 1995/311
REGULATIONS 1995
                                                                                                                        Reg. 17
  (6) Work done as a volunteer.
                                                                                                       1
  (7) 1Duties undertaken on either one full day or two half days a week –                                Words substituted in
                                                                                                       reg. 17(7) by reg.
      (a) a member of the Disability Living Allowance Advisory Board, or                               4(2)(b) of S.I. 2008/
    2
     (b) a member of the First-tier Tribunal where the member is eligible for                          2365 as from 1.10.08.
                                                                                                       2
          appointment to be such a member in accordance with article 2(3) of the                         Reg. 17(7)(b)
          Qualifications for Appointment of Members to the First-tier Tribunal and                     substituted by art. 66 of
                                                                                                       S.I. 2008/2683 as from
          Upper Tribunal Order 2008(a).                                                                3.11.08.
  (8) In this regulation–
    “less than 16 hours a week” means–
          (a) subject to paragraph (b) or (c), a combined total of less than 16 hours a
              week,
          (b) subject to paragraph (c), an average of less than 16 hours a week in the
              period which comprises that week and the 4 weeks preceding it, or
          (c) an average of less than 16 hours a week in the period of the cycle in
              which that week falls, where it is established that the work falls into a
              recognised cycle;
      3
        “National Minimum Wage” means the rate of the national minimum wage                            3
                                                                                                        Defn. of “National
    specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate                     Minimum Wag e”
    of the national minimum wage);                                                                     inserted in reg. 17(8) &
                                                                                                       para. (10) added by reg.
    “relevant benefit” means–                                                                          6(4)(b) & (c) of S.I.
          (a) incapacity benefit, severe disablement allowance, income support,                        2001/674 as from
              housing benefit or council tax benefit under the Contributions and                       11.4.11.
              Benefits Act, or
          (b) credits under regulations under section 22(5) of that Act,
    in connection with the entitlement to which the question of the person’s capacity
    or incapacity for work arises under that Act;
    “specified work” means–
          (a) work done in accordance with paragraph (4)(a), or
          (b) work done in accordance with regulation 17(1A)(b) as then in force;
    “voluntary organisation” means a body, other than a public or local authority, the
    activities of which are carried on otherwise than for profit.”.
    4                                                                                                  4
      (9) For the purposes of this regulation, a period of specified work begins on the                 Reg. 17(9) inserted by
first day on which any specified work is undertaken and continues for a period of 52                   reg. 6(4)(c) of S.I.
                                                                                                       2010/840 as from
weeks, whether or not any further specified work is undertaken during that period.                     28.6.10.
    3
    (10) Where the amount determined by the calculation in paragraphs (3) and (4)
would, but for this paragraph, include an amount of–
    (a) less than 50p. that amount shall be rounded up to the nearest 50p; or
   (b) less than £1 but more than 50p, that amount shall be rounded up to the
        nearest £1.
                         Reproduced below is reg. 17 prior to the amendments detailed in S.I.
                         2002/491. This is for the purposes of the transitional provisions in reg. 6
                         of that S.I. See page 3.4451.

                        Exempt work
                          17.—(1) The categories of exempt work referred to in regulation
                        16(1)(a) are–
                              (a) work undertaken on the advice of a doctor which–
                                     (i) helps to improve, or to prevent or delay deterioration
                                         in, the disease or bodily or mental disablement which
                                         causes that person’s incapacity for work; or
                                    (ii) is part of a treatment programme and is done under
                                         medical supervision while that person is an in-
                                         patient or regularly attending as an out-patient of a
                                         hospital or similar institution; or
                                   (iii) is done while that person is attending an institution
                                         which provides sheltered work for people with
                                         disabilities;

( a ) S.I. 2008/2692.
(b) Regulation 17(1A) was in force from 8th April 2002 to 9 th April 2006.

Supplement No. 95 [June 2011]                         The Law Relating to Social Security                                3.4395
SI 1995/311                     SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL) REGULATIONS
Regs. 17-18                     1995
                                                             (b)   work done as a volunteer;
1
 Words deleted and                                           (c)   duties undertaken as a member of 1 the Disability
inserted in reg. 17(1)(c)                                          Living Allowance Advisory Board 1or as a panel member
by para. 2 of Sch. 11 to                                           with a disability qualification, as defined in regulation
S.I. 1999/2860 as from                                             1(3) of the Social Security and Child Support (Decisions
18.10.99.                                                          and Appeals) Regulations 1999, acting as a member of an
                                                                   appeal tribunal constituted under Chapter 1 of Part I of
                                                                   the Social Security Act 1998 .
                                                          (2) The weekly limits in relation to exempt work are–
                                                              (a) that earnings from work referred to in paragraph (1)(a) do
2
 Amount in reg. 17(2)(a)                                           not exceed 2£66.00 ;
substituted by reg. 4 of S.I.                                 (b) that, subject to paragraph (3), the combined total of the
2001/2979 as from 1.10.01.                                         number of hours spent doing work referred to in
3
 Words in reg. 17(2)(b)                                            paragraph (1)(a)(i) 3 is less than 16;
deleted by reg. 4(3) of S.I.                                  (c) that work referred to in paragraph (1)(c) is not undertaken
1998/2231 as from
                                                                   on more than one day.
5.10.98.
                                                          (3) A person shall not be treated as capable of work because he
                                                       has exceeded the limit referred to in paragraph (2)(b) in any week,
                                                       if he has worked or would be expected to work, as the case may
                                                       be, an average of less than 16 hours a week–
                                                              (a) in a case where a recognisable cycle in respect of that
                                                                   person’s work has been established, in the period of that
                                                                   cycle in which the week in question falls; or
                                                              (b) in any other case, in the period which comprises that
                                                                   week and the 4 weeks preceding it.

4                                4
  Reg. 17A inserted by            Person who claims unemployment benefit to be treated as capable of work
reg. 2(6) of S.I. 1995/
987 with effect from               17A. 5Where the question of whether a person is capable or incapable of work
13.4.95                         falls to be determined in accordance with the personal capability assessment, a
5
  Words substituted in
                                person shall be treated as capable of work 6throughout any period in respect of which
reg. 17A by reg. 2(9) of
S.I. 1999/3109 as from          he claims a jobseeker’s allowance notwithstanding that it has been determined that
3.4.00.                         he 7incapable of work in accordance with that assessment or that he is, or is to be
6
  Words substituted in          treated as, incapable of work under regulation 10 or 27, if 6throughout that period –
reg. 17A by reg. 20(3)               (a) the following conditions are satisfied, namely–
of S.I. 1996/1345 as
from 7.10.96.                             (i) that he has done some work or undertaken a course of education or
7
  Words substituted in                        training or similar activity in preparation for work while suffering from
reg. 17A by reg. 4(a)(ii)                     the specific disease or bodily or mental disablement which led to that
of S.I. 2000/590 as                           determination; and
from 3.4.00.
                                         (ii) that since he did so, that disease or disablement has not worsened, nor is
                                              he suffering from any further disease or bodily or mental disablement
                                              which might affect his capacity for work; or
                                     (b) he is able to show that he has a reasonable prospect of obtaining
                                          employment.

                                Disqualification for misconduct etc.
                                     18.—(1) Paragraph (2) applies where a person–
8
 Words in reg. 18(1)(a)                (a) has become incapable of work through his own misconduct, except 8 in a
deleted by reg. 2(7) of                     case where the incapacity is due to pregnancy or a sexually transmitted
S.I. 1995/987 with                          disease; or
effect from 13.4.95.
                                       (b) fails without good cause to attend for or submit himself to medical or other
                                            treatment (excluding vaccination, inoculation or major surgery)
9                                             9
 Words substituted in                           recommended by a doctor with whom, or a hospital or similar institution
reg. 18(1)(b) by reg.                       with which, he is undergoing medical treatment and, which would be likely
2(6) of S.I. 1996/3207
as from 6.1.97.
                                            to render him capable of work; or
                                       (c) fails without good cause to observe any of the following rules of behaviour,
                                            namely–
                                            (i) to refrain from behaviour calculated to retard his recovery; or
                                           (ii) not to be absent from his place of residence without leaving word where
                                                  he may be found.




3.4396                          Supplement No. 95 [June 2011]                      The Law Relating to Social Security
SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL) REGULATIONS                                               SI 1995/311
1995
                                                                                                           Regs. 18-26
  (2) A person referred to in paragraph (1) shall–
     (a) if he is entitled to incapacity benefit or severe disablement allowance, be
          disqualified for receiving that benefit or allowance; or
     (b) in the case of any other benefit, allowance or advantage, be treated as capable
          of work,
for such period not exceeding 6 weeks as 1the Secretary of State may determine.                1
                                                                                                 Words substituted in
                                                                                               reg. 18(2) by para. 2 of
               2
     19.–22.                                                                                   Sch. 10 to S.I. 1999/
                                                                                               2422 as from 6.9.99.
                                                                                               2
                                                                                                 Chapter V of Part II
                                                                                               revoked by para. 3 of
                                           PART III                                            Sch. 10 to S.I. 1999/
                                                                                               2422 as from 6.9.99.
                     3
                      PERSONAL CAPABILITY ASSESSMENT                                           3
                                                                                                The heading to Part III
                                                                                               and regs. 24 and 25(1)
Interpretation of Part III and the Schedule                                                    substituted by reg. 3(1),
                                                                                               (2) and (3) of S.I. 1999/
  23. In this Part and the Schedule, unless the context otherwise requires, any                3109 as from 3.4.2000.
reference to a numbered part is to the part in the Schedule bearing that number.
 3
     The personal capability assessment
  24. For the purposes of section 171C(2)(a) of the Contributions and Benefits Act
the personal capability assessment is an assessment of the extent to which a person
who has some specific disease or bodily or mental disablement is capable of performing
the activities prescribed in the Schedule, or is incapable by reason of such disease or
bodily or mental disablement of performing those activities.
 3
     Incapacity under the personal capability assessment
  25.—(1) For the purposes of section 171C(2)(b) of the Contributions and Benefits
Act a person is incapable of work in accordance with the personal capability assessment
when one or more of the descriptors in Part I or Part II apply to him if, by adding the
points listed in column (3) of the Schedule against the descriptor, he obtains a total
score of at least—
    (a) 15 points in respect of descriptors specified in Part I; or
    (b) 10 points in respect of descriptors specified in Part II; or
    (c) 15 points in respect of descriptors specified in Parts I and II
   (2) In determining the extent of a person’s incapacity to perform any activity
listed in Part I he shall be assessed as if he were wearing any prosthesis with
which he is fitted 4or, as the case may be, any aid or appliance which he normally             4
                                                                                                Words added to sub-
wears or uses.                                                                                 para (2) and sub-para.
                                                                                               (3) added by reg. 2(7)
   (3) In determining the extent of a person’s incapacity to perform any activity listed       of S.I. 1996/3207 as
in Part I or Part II, it shall be a condition that the person’s incapacity arises–             from 6.1.97.
     (a) in respect of a disability listed in Part I, from a specific bodily disease or
           disablement; or
     (b) in respect of a disability listed in Part II, from some specific mental illness or
           disablement.

Calculation of scores
  26.—(1) In determining a person’s score for the purposes of regulation
25(1)(c)–
            5
    (a)      an aggregate score of between 6 and 9 points in respect of those descriptors      5
                                                                                                Words substituted in
          specified in Part II shall be treated as a score of 9 points when added to           sub-paras. (a) and (b)
           the score in respect of descriptors specified in Part I:                            by reg. 2(8) of S.I.
            5                                                                                  1996/3207 as from
    (b)       an aggregate score of less than 6 points in respect of 5the descriptors          6.1.97.
          specified in Part II shall be disregarded.
  (2) In determining a person’s score where descriptors specified for the
activities 1 and 2 in Part I apply to him, only one descriptor shall be counted and
that shall be the descriptor with the highest score in respect of either activity
which applies to him.
     (3) In determining a person’s score in respect of descriptors specified in Part I where

Supplement No. 95 [June 2011]                      The Law Relating to Social Security                           3.4397
SI 1995/311                 SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL) REGULATIONS
Regs. 26-28                 1995

                            more than one descriptor specified for any activity applies to him, only one descriptor
                            shall be counted and that shall be the descriptor with the highest score in respect of
                            each activity which applies to him.
                              (4) In determining a person’s score in respect of descriptors specified in Part II the
                            score in respect of each descriptor which applies to him shall be counted.

                            Exceptional circumstances
                                  1
                                 27.—(1) A person who 2is not incapable of work in accordance with the personal
1
  Reg. 27 substituted by    capability assessment shall be treated as incapable of work if any of the circumstances
reg. 2(9) of S.I. 1996/     set out in paragraph (2) apply to him.
3207 as from 6.1.97.
2
  Words substituted in           (2) The circumstances are that–
reg. 27 by reg. 3(4) of
S.I. 1999/3109 as from             (a) he is suffering from a severe life threatening disease in relation to which–
3.4.2000.                               (i) there is medical evidence that the disease is uncontrollable, or
                                            uncontrolled, by a recognised therapeutic procedure, and
                                       (ii) in the case of a disease which is uncontrolled, there is a reasonable cause
                                            for it not to be controlled by a recognised therapeutic procedure;
                                   (b) he suffers from a previously undiagnosed potentially life threatening
                                        condition; which has been discovered during the course of a medical
                                        examination carried out for the purposes of the 3personal capability
3
  Words substituted in                  assessment by a 4health care professional approved by the Secretary of
reg. 27(2)(b) and (c) by                State;
reg. 4(b) of S.I. 2000/
590 as from 3.4.00.
                                   (c) there exists medical evidence that he requires a major surgical operation or
4
  Words substituted in                  other major therapeutic procedure and it is likely that that operation or
reg. 27(2)(b) by reg. 3                 procedure will be carried out within three months of the date of a medical
of S.I. 2007/1626 as                    examination carried out for the purposes of the 3personal capability
from 3.7.07.                            assessment .

                             5
                              Conditions for treating a person as incapable of work until personal capability
5
 Reg 28(1) substituted by   assessment is carried out
reg. 3(5) of S.I. 1999/
3109 as from 3.4.2000.         28.—(1) Where the question of whether a person is capable or incapable of work
                            falls to be determined in accordance with the personal capability assessment that
                            person shall, if the conditions set out in paragraph (2) are met, be treated as incapable
                            of work in accordance with the personal capability assessment until such time as he
                            has been assessed or he falls to be treated as capable of work in accordance with
                            regulation 7 or 8.
                                 (2) The conditions are–
                                   (a) that the person provides evidence of his incapacity for work in accordance
                                        with the Social Security (Medical Evidence) Regulations 1976 (which
                                        prescribe the form of doctor’s statement or other evidence required in each
                                        case); and
                                   (b) that it has not within the preceding 6 months been determined, in relation to
                                        his entitlement to any benefit, allowance or advantage 6which is dependent
6
 Words inserted into reg.               on him being incapable of work , that the person is capable of work, or is to
28(2)(b) by reg. 2(10)
of S.I. 1996/3207 with
                                        be treated as capable of work under regulation 7 or 8, unless-
effect from 6.1.97.                     (i) he is suffering from some specific disease or bodily or mental disablement
                                            which he was not suffering from at the time of that determination; or
                                       (ii) a disease or bodily or mental disablement which he was suffering from at
                                            the time of that determination has significantly worsened; or
                                      (iii) in the case of a person who was treated as capable of work under regulation
                                            7 (failure to provide information), he has since 7provided the information
7
 Words substituted in                       requested by the Secretary of State under that regulation.
reg. 28(2)(b)(iii) by
reg. 2(10) of S.I. 1995/
987 with effect from
13.4.95.



3.4398                      Supplement No. 95 [June 2011]                      The Law Relating to Social Security
SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL) REGULATIONS                            SI 1995/311
1995


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



                                                                     William Hague
                                                                  Minister of State,
10th February 1995                                     Department of Social Security




Supplement No. 95 [June 2011]                  The Law Relating to Social Security          3.4399
SI 1995/311   SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL) REGULATIONS
              1995




3.4400        Supplement No. 95 [June 2011]   The Law Relating to Social Security
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992                                        SI 2003/737
(MODIFICATIONS FOR HER MAJESTY’S FORCES AND
INCAPACITY BENEFIT) REGULATIONS 2003

                              EXPLANATORY NOTE

                      (This note is not part of the Regulations)

   These Regulations modify the Social Security Contributions and Benefits Act 1992
(c. 4) in its application to persons who are discharged from Her Majesty’s forces after
3rd May 2003, who were on sickness absence from duty while in the forces and who
claim incapacity benefit.
   Regulation 2 modifies section 30A, inserted by section 1(1) of the Social Security
(Incapacity for Work) Act 1994 (c. 18), by exempting certain former members of the
forces from the requirement to wait 3 days before becoming entitled to incapacity
benefit.
  Regulation 3 modifies section 30D, inserted by section 3(1) of the 1994 Act, to
enable regulations made by the Secretary of State to prescribe the days to be included
when calculating the number of days for which the ex-members of the forces have
been entitled to short-term incapacity benefit.
  Regulation 4 modifies paragraph 2(6) of Schedule 3 by inserting a new definition
of “relevant benefit year” in connection with the National Insurance contribution
conditions to be satisfied by former members of the forces who claim incapacity benefit.




Supplement No. 95 [June 2011]                   The Law Relating to Social Security            3.6303
SI 2003/737        SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992
                   (MODIFICATIONS FOR HER MAJESTY’S FORCES AND
                   INCAPACITY BENEFIT) REGULATIONS 2003




3.6304 (–3.6350)   Supplement No. 95 [June 2011]       The Law Relating to Social Security
SOCIAL SECURITY (ADDITIONAL CLASS 3 NATIONAL INSURANCE                                               SI 2009/659
CONTRIBUTIONS) AMENDMENT REGULATIONS 2009
                                                                                                         Reg. 1

                                      2009 No. 659

                            SOCIAL SECURITY

     The Social Security (Additional Class 3 National
          Insurance Contributions) Amendment
                    Regulations 2009

              Made      -    -    -    -                  11th March 2009
              Laid before Parliament                      16th March 2009
              Coming into force -                             6th April 2009

The Secretary of State makes the following Regulations in exercise of the power
conferred on him by sections 122(1) and 175(1) and (3) of, and paragraph 8(1)(d) and
(1A) of Schedule 1 to, the Social Security Contributions and Benefits Act 1992(a) and
by sections 9(1), 79(1) and (4) and 84 of the Social Security Act 1998(b).

In respect of regulation 3 and in accordance with paragraph 8(1A) of Schedule 1 to the
Social Security Contributions and Benefits Act 1992, these Regulations are made
with the concurrence of the Commissioners for Her Majesty’s Revenue and Customs(c).

This instrument contains only regulations which are made by virtue of, or consequential
upon, section 13A of the Social Security Contributions and Benefits Act 1992(d) and
is made before the end of the period of 6 months beginning with the coming into force
of that section(e).

Citation and commencement
  1. These Regulations may be cited as the Social Security (Additional Class 3
National Insurance Contributions) Amendment Regulations 2009 and shall come into
force on 6th April 2009.




( a ) 1992 c. 4. Section 122(1) is cited because of the meanings ascribed to "prescribe" and
      "Inland Revenue". Section 175(1) was amended by paragraph 29(1) and (2) of Schedule 3 to
      the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Paragraph
      8(1A) of Schedule 1 was inserted by paragraph 39(1) and (3) of Schedule 3 to the Social
      Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and amended by
      paragraphs 1 and 3 of Schedule 11 to the Welfare Reform and Pensions Act 1999 (c. 30).
(b) 1998 c. 14. Section 79(1) was amended by paragraphs 12 and 13(1) and (2) of Schedule 4
      to the Tax Credits Act 2002 (c. 21) and by S.I. 2008/2833. Section 84 is cited due to the
      meaning ascribed to the word "prescribe".
(c) By virtue of section 50(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11)
      references to the Commissioners of Inland Revenue in enactments are to be taken as
      references to the Commissioners for Her Majesty's Revenue and Customs.
(d) Section 13A was inserted by section 135 of the Pensions Act 2008 (c. 30).
( e ) Section 173(5)(b) of the Social Security Administration Act 1992 (c. 5) provides that a
      statutory instrument which states that it contains only regulations made by virtue of, or
      consequential upon, a specified enactment and which is made before the end of the period of
      6 months beginning with the coming into force of that specified enactment is not required to
      be referred to the Social Security Advisory Committee under Part 13 of that Act.


Supplement No. 95 [June 2011]                         The Law Relating to Social Security                 3.6351
SI 2009/659        SOCIAL SECURITY (ADDITIONAL CLASS 3 NATIONAL INSURANCE
                   CONTRIBUTIONS) AMENDMENT REGULATIONS 2009
Regs. 2-3

                     [Regulation 2 amends regulation 3 of S.I. 1999/991.]
                     [Regulation 3 amends regulation 4(1) and inserts regulation 6C into S.I. 2001/
                   769.]


                   Signed by authority of the Secretary for Work and Pensions



                                                                                      Rosie Winterton.
                                                                                      Minister of State
                   10th March 2009                                    Department for Work and Pensions


                   We concur in respect of regulation 3



                                                                                          Mike Eland.
                                                                                       Dave Hartnett.
                   11th March 2009                 Two of the Commissioners for Her Majesty’s Revenue
                                                                                         and Customs



                                                 EXPLANATORY NOTE

                                         (This note is not part of the Regulations)

                     These Regulations make amendments consequential to section 13A (right to pay
                   additional Class 3 contributions in certain cases) of the Social Security Contributions
                   and Benefits Act 1992 (c. 4).
                     Regulation 2 amends regulation 3 of the Social Security and Child Support (Decisions
                   and Appeals) Regulations 1999 (S.I. 1999/991) to provide that a payment of additional
                   Class 3 contributions under section 13A may give rise to a revision of an earlier
                   decision on benefit.
                     Regulation 3 amends the Social Security (Crediting and Treatment of Contributions,
                   and National Insurance Numbers) Regulations 2001 (S.I. 2001/769) to provide for
                   when additional Class 3 contributions paid under section 13A are to be treated as
                   paid.
                     A full impact assessment has not been published for this instrument as it has no
                   impact on the private or voluntary sectors.




3.6352 (–3.6400)   Supplement No. 95 [June 2011]                   The Law Relating to Social Security
NATIONAL INSURANCE CONTRIBUTIONS CREDITS                                                              SI 2011/709
(MISCELLANEOUS AMENDMENTS) REGULATIONS 2011
                                                                                                        Regs. 1-3



                                      2011 No. 709

                              SOCIAL SECURITY

       The National Insurance Contributions Credits
      (Miscellaneous Amendments) Regulations 2011

              Made      -    -    -    -                     8th March 2011
              Laid before Parliament                       14th March 2011
              Coming into force -                              5th April 2011

The Secretary of State makes the following Regulations in exercise of the powers
conferred by sections 22(5), 23A(9), 122(1) and 175(1) and (3) to (5) of the Social
Security Contributions and Benefits Act 1992(a).

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

Citation and commencement
  1. These Regulations may be cited as the National Insurance Contributions Credits
(Miscellaneous Amendments) Regulations 2011 and shall come into force on 5th
April 2011.
  [Regulation 2 amends regulation 4 & inserts regulations 4(1A), 9F and the
Schedule to S.I. 1975/556.]
  [Regulation 3 amends regulation 4 & inserts regulations 4(1)(aa) & 4(1)(c) to
S.I.2010/19.]


Signed by Authority of the Secretary of State for Work and Pensions



                                                                               Steve Webb
                                                                          Minister of State
8th March 2011                                            Department for Work and Pensions




( a ) 1992 c. 4. Section 23A is inserted by section 3(1) of the Pensions Act 2007 (c. 22). Section
      122(1) is cited due to the meaning ascribed to “prescribe”.
(b) 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 so referable by virtue of section 172 of that Act.


Supplement No. 95 [June 2011]                           The Law Relating to Social Security                3.6401
SI 2011/709        NATIONAL INSURANCE CONTRIBUTIONS CREDITS
                   (MISCELLANEOUS AMENDMENTS) REGULATIONS 2011

                                                  EXPLANATORY NOTE

                                          (This note is not part of the Regulations)

                     These Regulations make amendments in respect of crediting of National Insurance
                   contributions for the purposes of entitlement to certain social security benefits.
                     Regulation 2 amends the Social Security (Credits) Regulations 1975 (S.I. 1975/
                   556).
                      Paragraph (2) provides that starting credits for persons aged 16 to 18 are not given
                   in relation to entitlement to a retirement pension from the tax year 2010-11.
                      Paragraph (3) provides that, from the tax year 2011-12, specified persons caring for
                   a child under 12 are to be credited with a Class 3 contribution in respect of each week
                   that care is provided. It further makes provision for such persons to make an application
                   to be so credited.
                     Regulation 3 amends the Social Security (Contributions Credits for Parents and
                   Carers) Regulations 2010 (S.I. 2010/19).
                     Paragraph (2) provides that persons approved as kinship carers under the Looked
                   After Children (Scotland) Regulations 2009 (S.S.I. 2010/210), or as foster parents
                   under the Foster Placement (Children) Regulations (Northern Ireland) 1996 (S.R. 1996/
                   467), are included as foster parents for the purposes of section 23A (contributions
                   credits for relevant parents and carers) of the Social Security Contributions and Benefits
                   Act 1992 (c. 4).
                     A full impact assessment has not been published for this instrument as it has no
                   impact on the private or voluntary sectors.




3.6402 (–3.6460)   Supplement No. 95 [June 2011]                      The Law Relating to Social Security
SOCIAL SECURITY BENEFIT (PERSONS ABROAD) REGULATIONS                                                             SI 1975/563
1975
                                                                                                                     Regs. 4-5
                                                                                                      1
    1                                                                 2
       (3) In the case of a Category A retirement pension the basic pension of which                    Reg. 4(3) and (4)
falls to be increased under the provisions of 3section 52A(2) or 52(2) of the contributions           inserted by reg. 2(b) of
                                                                                                      S.I. 1979/1432 as from
and Benefits Act (special provision for married people and for surviving spouses) the                 10.11.79.
amount of the increase shall not exceed the sum which would be required to raise the                  2
                                                                                                        Words substituted in
  2
    basic pension of that Category A retirement pension to the sum specified in 3section              reg. 4(3) and (4) by s.
44(4) of the Contributions and Benefits Act (rate of 2basic pension of Category A                     18(1) of the Social
retirement pension) or the weekly rate of Category B retirement pension specified in                  Security Act 1986 (c.
  3
    paragraph 5 of Part I of Schedule 4 to the Contributions and Benefits Act , as the case           50), as from 6.4.87.
                                                                                                      3
may be, current at–                                                                                     Words in regs. 4(3),
      4
                                                                                                      (4), 5(1) & 5(3)(a)
       (a) the date on which the person whose pension falls to be so increased first became           substituted by regs.
            entitled to that pension; or                                                              4(3)-(4) & (5(2)-(3) of
                                                                                                      S.I. 2010/788 as from
       (b) the date on which that person was last ordinarily resident in Great Britain;               6.4.10.
whichever is the later.                                                                               4
                                                                                                        Reg. 4(3)(a) substituted
                                                                                                      by reg. 8(2) of S.I.
   (4) Where, in the case of Category A retirement pension the 2additional pension of                 1989/1642 as from
which falls to be increased under the provisions of 3section 52(3) of the Contributions               1.10.89.
and Benefits Act , the surviving spouse 5or surviving civil partner whose pension                     5
                                                                                                        In reg. 4(4) words
falls to be so increased, being over pensionable age at the date of the death of the former           inserted by para.
spouse 5or former civil partner , is not ordinarily resident in Great Britain, the amount             5(3)(b) of Sch. 3 to S.I.
of the increase shall not exceed the sum which would be required to raise the 2additional             2005/2877 as from
                                                                                                      5.12.05.
pension of that Category A retirement pension to the maximum prescribed by 3regulation
3 of the Social Security (Maximum Additional Pension) Regulations 2010(a) which
would have been appropriate had the former spouse died on–
      (a) the date on which the surviving spouse was last ordinarily resident in Great
           Britain; or
      (b) 6th April 1979;
whichever is the later.

Application of disqualification in respect of up-rating of benefit
Regulation 5 shall apply to any additional benefit payable by virtue of the Up-rating Order as from
11.4.11 by virtue of regulation 3 of S.I. 2011/830.

   5.—(1) Where regulations made in consequence of an order under 3section 150 (annual
up-rating of benefits) or 150A (annual up-rating of basic pension etc and standard minimum
guarantee) of the Social Security administration Act 1992(b) provide for the application
of this regulation to any additional benefit becoming payable by virtue of that order, the
following provisions of this regulation shall, subject to regulation 12 below and the
provisions of those regulations, have effect in relation to the entitlement to that benefit of
persons absent from Great Britain.
  (2) In this regulation 6and in regulation 5A –                                                      6
                                                                                                       Words inserted in reg.
                                                                                                      5(2) by reg. 2(3) of S.I.
     (a) references to additional benefit of any description are to be construed asreferring          1990/621 as from
         to additional benefit of that description which is, or but for this regulation               6.4.90.
         would be, payable by virtue (either directly or indirectly) of the said order; and
     (b) “the appointed date” means the date appointed for the coming into force of the
         said order.
                                                                                                      7
   (3) 7Subject to paragraph (8) and the Schedule below, where a person is not ordinarily              Words inserted in reg.
resident in Great Britain immediately before the appointed date the provisions of these               5(3) by reg. 2(2) of S.I.
                                                                                                      1994/1832 as from
regulations (except this regulation) shall not, unless and until he becomes ordinarily                6.8.94.
resident in Great Britain, affect his disqualification while he is absent from Great Britain
for receiving–
      (a) in the case of a 3person who immediately before the appointed date was a                    8
            3
              married person or a civil partner and 8was not entitled to a Category B                  Words substituted in
                                                                                                      reg. 5(3)(a) by reg.
          retirement pension , any additional Category B retirement pension, if                       8(3)(a)(i) of S.I. 1989/
          immediately before that date 3 the other party to the marriage or civil                     1642 as from 1.10.89.
          partnership was entitled to a Category A retirement pension and was not
          ordinarily resident in Great Britain;



( a ) S.I. 2010/426.
(b) 1992 c. 5.


Supplement No. 95 [June 2011]                         The Law Relating to Social Security                                3.7605
SI 1975/563                   SOCIAL SECURITY BENEFIT (PERSONS ABROAD) REGULATIONS
                              1975
Reg. 5
                                 1
1
  Para. (3)(aa) inserted          (aa) in the case of a 2married person or a civil partner , any additional Category
into reg. 5 by reg. 2(3)                 B retirement pension if immediately before the appointed date 2the other
of S.I. 1994/1832 as                     party to the marriage or civil partnership was entitled to a Category A
from 6.8.94.                             retirement pension and was not ordinarily resident in Great Britain (whether
2
  Words in para. (3)(aa)                 or not 2they were married to each other or were civil partners of each other
substituted & para. (3)                  immediately before that date);
(ba) inserted by S.I.             3
2010/788 as from                   (b) in the case of a person who immediately before the appointed date is 4a
6.4.10.                                  widow, a widower or a surviving civil partner ,any additional Category B
3
  Para. (3)(b) substituted               retirement pension, if the former spouse 4or deceased civil partner had
by reg. 3(3) of S.I.                     died before the appointed date;
1979/1432 as from               2
10.11.79.
                                 (ba) in the case of a married person or civil partner entitled to a Category B
4
  Words substituted &                    retirement pension under section 48A of the Contributions and Benefits Act
inserted in reg. 5(4)(b)                 (Category B retirement person for a married person or a civil partner), other
& (d) & (6)(b) by para.                  than a case that falls within sub-paragraphs (a) to (b), any additional Category
5(4)(a) & (b) of Sch. 3                  B retirement pension where immediately before the appointed date that
to S.I. 2005/2877 as                     person’s spouse or civil partner was not ordinarily resident in Great Britain;
from 5.12.05.
5
  Words inserted in reg.
                                    (c) in any other case, any additional retirement pension of any category 5, any
                                                                                        6
5(3)(c) by reg. 4(4) of                  additional shared additional pension             or any additional graduated
S.I. 2005/1551 as from                   retirement benefit , if that person had 7 become entitled to a retirement
6.7.04.                                  pension 5, a shared additional pension            6
                                                                                             or to graduated retirement
6
  Words inserted into reg.               benefit before the appointed date;
5(3)(c) by reg. 3 of S.I.          (d) any additional widow’s benefit 8or bereavement benefit, if the deceased
1992/1700 as from                                    4                             9
5.8.92.
                                         spouse       or surviving civil partner     had become entitled to a Category
7
  Words deleted from reg .               A retirement pension or had died before the appointed date;
5(3)(c) by reg. (3)(a)(ii)          (e) any additional child’s special allowance if her former husband had died
of S.I. 1989/1642 as                     before the appointed date;
from 1.10.89.                     10
8
  Words substituted in               (f) any additional guardian’s allowance in respect of a child if he were entitled
reg. 3(d) by reg. 2(4) of                to that allowance in respect of that child before the appointed date.
S.I. 2000/2876 as from                10
9.4.01.                         (4)
9
  Words substituted in          (5) The provisions of these regulations shall not affect the disqualification while
reg. 5(3)(d) by reg.
(3)(a)(iii) of S.I. 1989/
                              absent from Great Britain of a widow who–
1642 as from 1.10.89.             (a) is not ordinarily resident in Great Britain immediately before the appointed
10
   Reg. 5(3)(f) added and               date, and was entitled to widow’s benefit immediately before attaining
reg. 5(4) omitted by                    pensionable age, or would, but for any provision of the Act disqualifying her
reg. 13(3) of S.I. 1977/                for the receipt of such benefit, have been so entitled; and
342 as from 4.4.77.
                                  (b) is or becomes entitled to a Category A retirement pension the right to which
11
  Words in reg. 5(5)(b)                 is determined by taking into account under 11regulation 8 of the Social
substituted by reg. 3(4)                Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 her
of S.I. 1979/1432 as                    husband’s contributions;
from 10.11.79.
                              for receiving any additional Category A retirement pension the right to which is so
                              determined unless and until she becomes ordinarily resident in Great Britain if–
12
   Words substituted in                 (i) before the appointed date her husband 12was entitled to a Category A
reg. 5(5)(i) by reg.                        retirement pension and was not ordinarily resident in Great Britain; or
8(3)(b) of S.I. 1989/
1642 as from 1.10.89.                  (ii) he died before the appointed date.
13
   Para. (6) substituted by       13
reg. 3(5) of S.I.                    (6) 14Subject to paragraph (8) and the Schedule below, the provisions of these
1979/1432 as from             regulations shall not affect the disqualification while absent from Great Britain of a
10.11.79.                     person referred to in regulation 8 of the Social Security (Widow’s Benefit and Retirement
14
   Words inserted in reg .    Pensions) Regulations 1979, being any such person other than a widow, who–
5(6) by reg. 2(2) of S.I.          (a) is not ordinarily resident in Great Britain immediately before the appointed
1994/1832 as from
6.8.94.
                                         date; and
                                   (b) is or becomes entitled to a Category A retirement pension the right to which
                                         is determined by taking into account under regulation 8 of the Social Security
                                         (Widow’s Benefit and Retirement Pensions) Regulations 1979 the
                                         contributions of that person’s former spouse 4or former civil partner ;

                              for receiving any additional Category A retirement pension the right to which is so
                              determined unless and until that person becomes ordinarily resident in Great Britain
                              if–
15
  Words substituted in                  (i) before the appointed date the former spouse 15was entitled to a Category
reg. 5(6)(i) by reg. 8(3)                   A retirement pension and was not ordinarily resident in Great Britain;
(c) of S.I. 1989/1642 as
from 1.10.89.
3.7606 (–3.7612)              Supplement No. 95 [June 2011]                    The Law Relating to Social Security
SOCIAL SECURITY REVALUATION OF EARNINGS FACTORS ORDER                                                  SI 2011/475
2011



                                       2011 No. 475

                              SOCIAL SECURITY

  The Social Security Revaluation of Earnings Factors
                      Order 2011

               Made      -    -    -    -               22nd February 2011
               Laid before Parliament                    28th February 2011
               Coming into force -                             6th April 2011

In accordance with section 148(2) (revaluation of earnings factors) of the Social Security
Administration Act 1992(a), the Secretary of State has reviewed the general level of
earnings obtaining in Great Britain.

The Secretary of State has concluded, having regard to earlier orders made under
section 148(b), that earnings factors(c) for the relevant tax years have not, during the
period taken into account for that review, maintained their value in relation to the
general level of earnings.

The Secretary of State makes the following Order in exercise of the powers conferred
upon him by section 148(3) and (4) and section 189(1), (4) and (5) of the Social
Security Administration Act 1992(d).



( a ) 1992 c. 5. Section 148 was amended by paragraph 27 of Schedule 8 to the Pension Schemes
      Act 1993 (c. 48) and by section 37 of the Child Support, Pensions and Social Security Act
      2000 (c. 19).
(b) The earlier orders are: S.I. 1979/832, 1980/728, 1981/598, 1982/607, 1983/655, 1984/581,
      1985/688, 1986/809, 1987/861, 1988/867, 1989/805, 1990/1412, 1991/1108, 1992/1102,
      1993/1159, 1994/1105, 1995/1070, 1996/1133, 1997/1117, 1998/1137, 1999/1235, 2000/
      1365, 2001/631, 2002/519, 2003/517, 2004/262, 2005/216, 2006/496, 2007/781, 2008/
      730, 2009/608 and 2010/470. Section 148(7)(b) of the Social Security Administration Act
      1992 (c. 5) provides that orders under section 21 (revaluation of earnings factors) of the
      Social Security Pensions Act 1975 (c. 60) are to be treated as orders under section 148.
(c) See sections 22 and 23 of the Social Security Contributions and Benefits Act 1992 (c. 4).
      Section 22 was amended by paragraph 22 of Schedule 2 to the Jobseekers Act 1995 (c. 18),
      paragraph 61 of Schedule 7 to the Social Security Act 1998 (c. 14), section 30(1) of the
      Child Support, Pensions and Social Security Act 2000 (c. 19), paragraph 7 of Schedule 1 to
      the National Insurance Contributions Act 2002 (c. 19), section 12(1) of, and paragraphs 9
      and 33 of Schedule 1 to, the Pensions Act 2007 (c. 22), paragraph 9(1), (3) and (4) of the
      Welfare Reform Act 2007 (c. 5) and section 3(2) of, and paragraph 2 of Schedule 1 to, the
      National Insurance Contributions Act 2008 (c. 16). Section 23 was amended by paragraph
      36 of Schedule 8 to the Pension Schemes Act 1993 (c. 48), section 134(1) of the Pensions
      Act 1995 (c. 26), paragraph 8 of Schedule 1 to the National Insurance Contributions Act
      2002 (c. 19) and paragraph 3(2) and 3(3) of Schedule 1 to the National Insurance
      Contributions Act 2008 (c. 16). See also sections 45B(6), 55A(5) and 55B(6) of the Social
      Security Contributions and Benefits Act 1992 (c. 4), inserted by paragraphs 2 and 3 of
      Schedule 6 to the Welfare Reform and Pensions Act 1999 (c. 30), under which state scheme
      pension debits and credits are to be increased by reference to percentage figures specified in
      orders under section 148 of the Social Security Administration Act 1992 (c. 5).
(d) Relevant amendments to section 189 of the Social Security Administration Act 1992 (c. 5)
      are by paragraph 109 of Schedule 7 and Schedule 8 to the Social Security Act 1998 (c. 14),
      paragraph 57(1) and (2) of Schedule 3 to the Social Security Contributions (Transfer of
      Functions, etc.) Act 1999 (c. 2) and by Schedule 6 to the Tax Credits Act 2002 (c. 21).


Supplement No. 95 [June 2011]                            The Law Relating to Social Security                3.8169
SI 2011/475   SOCIAL SECURITY REVALUATION OF EARNINGS FACTORS ORDER
              2011
Arts. 1-3

              Citation and commencement
                1. This Order may be cited as the Social Security Revaluation of Earnings Factors
              Order 2011 and shall come into force on 6th April 2011.

              Revaluation of earnings factors
                 2. The earnings factors for tax years specified in the Schedule to this Order in so
              far as they are relevant–
                   (a) to the calculation–
                         (i) of the additional pension in the rate of any long-term benefit, or
                        (ii) of any guaranteed minimum pension(a); or
                   (b) to any other calculation required under Part 3 of the Pension Schemes Act
                         1993(b) (including that Part as modified by or under any other enactment),
              are directed to be increased for those tax years by the percentage of their amount
              shown opposite those tax years in that Schedule.

              Rounding of fractional amounts
                 3. Where any earnings factor relevant to the calculation specified in article 2(a)(i)
              of this Order, as increased in accordance with this Order, would not but for this article
              be expressed as a whole number of pounds, it shall be so expressed by rounding down
              any fraction of a pound less than one half and rounding up any other fraction of a
              pound.



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



                                                                                               Steve Webb
                                                                                         Minister of State,
              22nd February 2011                                         Department for Work and Pensions




              ( a ) Earnings factors for any tax year after 1996 - 97 are not relevant to the calculation of any
                    guaranteed minimum pension: section 14(8) of the Pension Schemes Act 1993 (c. 48) as
                    amended by paragraph 27(b) of Schedule 5 to the Pensions Act 1995 (c. 26).
              (b) 1993 c. 48.


3.8170        Supplement No. 95 [June 2011]                            The Law Relating to Social Security
SOCIAL SECURITY REVALUATION OF EARNINGS FACTORS ORDER                                   SI 2011/475
2011
                                                                                               Sch.
                                 SCHEDULE                                   Article 2

           Percentage increase of earnings factor for specified tax years


     Tax year                                     Percentage increase

     1978 - 1979                                            705.0
     1979 - 1980                                            610.5
     1980 - 1981                                            493.6
     1981 - 1982                                            397.1
     1982 - 1983                                            351.5
     1983 - 1984                                            319.2
     1984 - 1985                                            288.2
     1985 - 1986                                            264.2
     1986 - 1987                                            234.4
     1987 - 1988                                            211.3
     1988 - 1989                                            186.4
     1989 - 1990                                            158.5
     1990 - 1991                                            140.9
     1991 - 1992                                            118.8
     1992 - 1993                                            105.5
     1993 - 1994                                            95.7
     1994 - 1995                                            89.8
     1995 - 1996                                            81.8
     1996 - 1997                                            76.8
     1997 - 1998                                            68.4
     1998 - 1999                                            61.0
     1999 - 2000                                            54.5
     2000 - 2001                                            45.4
     2001 - 2002                                            39.8
     2002 - 2003                                            34.0
     2003 - 2004                                            29.4
     2004 - 2005                                            24.6
     2005 - 2006                                            19.7
     2006 - 2007                                            15.8
     2007 - 2008                                            11.2
     2008 - 2009                                            6.7
     2009 - 2010                                            3.5
     2010 - 2011                                            2.3




Supplement No. 95 [June 2011]                  The Law Relating to Social Security           3.8171
SI 2011/475        SOCIAL SECURITY REVALUATION OF EARNINGS FACTORS ORDER
                   2011

                                                  EXPLANATORY NOTE

                                             (This note is not part of the Order)

                     This Order is made following a review under section 148 (revaluation of earnings
                   factors) of the Social Security Administration Act 1992 (c. 5).
                     This Order directs that the earnings factors relevant to the calculation of the
                   additional pension in the rate of any long-term benefit or of any guaranteed minimum
                   pension, or to any other calculation required under Part 3 of the Pension Schemes Act
                   1993 (c. 48), are to be increased for the tax years specified in the Schedule to the Order
                   by the percentage of their amount specified in that Schedule.
                     The percentages specified in this Order for the tax years from and including 2000 -
                   2001 are also relevant for the purposes of revaluing state scheme pension debits and
                   credits in accordance with sections 45B(6), 55A(5) and 55B(6) of the Social Security
                   Contributions and Benefits Act 1992 (c. 4).
                     The percentage for the tax year 2010 - 2011 is 2.3%. The percentages for earlier tax
                   years have been increased so that the earnings factors for those years are revalued at
                   2010 - 2011 earning levels.
                     The percentage for the tax year 2010 - 2011 is based on the measure of Average
                   Weekly Earnings, which has replaced the Average Earnings Index as the lead measure
                   of short term changes in average earnings in Great Britain.
                      This Order also provides for rounding fractional amounts for earnings factors relevant
                   to the calculation of the additional pension in the rate of any long-term benefit. By
                   virtue of section 23(2) of the Social Security Contributions and Benefits Act 1992 (c.
                   4), rounding is not required for the purpose of the calculation of any guaranteed
                   minimum pension.
                     A full impact assessment has not been produced for this instrument as it has no new
                   impact on the private or voluntary sectors.




3.8172 (–3.8200)   Supplement No. 95 [June 2011]                      The Law Relating to Social Security
SOCIAL SECURITY (WIDOW’S BENEFIT AND RETIREMENT                                                            SI 1979/642
PENSIONS) REGULATIONS 1979                                                                                       Reg. 4
      1
       (a) if that person had not deferred his entitlement to a Category A or Category B        1
                                                                                                  Sub-para. (a) of reg.
             retirement pension, 2 or section 10(2) increase, if both she and her husband       4(1) substituted by reg.
             had not deferred their entitlement to, respectively, a Category A and a            11(5)(b) of S.I. 1989/
             Category B retirement pension, that person would have been entitled to such        1642 as from 1.10.89.
                                                                                                2
             a pension (and would not have been disqualified for receiving it by reason of        Words in reg. 4(1)(a)
             imprisonment or detention in legal custody); and                                   omitted by reg. 9 of S.I.
                                                                                                2009/2206 as from
       (b) that person had not received any of the following benefits:–                         6.4.10.
             (i) any benefit under Chapters I and II of Part II of the Act other than child’s
                  special allowance, attendance allowance, 3disability living allowance         3
                                                                                                  Words substituted in
                  and guardian’s allowance; or                                                  reg. 4(1)(b)(i) by reg. 6
          4                                                                                     of S.I. 1991/2742 as
            (ii) graduated retirement benefit where that person’s period of deferment           from 6.4.92.
                  ended on or before 5th April 2006; or                                         4
                                                                                                  Reg. 4(1)(b)(ii)
                                                        5
          (iii) an unemployability supplement;            or                                    substituted and head
          (iv) state pension credit under section 1 of the State Pension Credit Act             (iii) added by reg. 2 of
                                                                                                S.I. 2006/516 as from
                  2002(a); and                                                                  6.4.06.
       (c) in the case of a married woman who would have been entitled to a Category            5
                                                                                                  Word in reg.
             B retirement pension or a section 10(2) increase 6and whose period of              4(1)(b)(iii) substituted
             deferment began before 6th April 2005 , her husband had not received an            & inserted in 4(1)(d)(ii)
             increase of any of the benefits mentioned in paragraph (1)(b) in respect of her    & reg. 4(1)(b)(iv) &
               6
                 and                                                                            (1)(e) inserted by reg.
                                                                                                2(2)-(4) of S.I. 2011/
       (d) in the case of a person who would have been entitled to a Category A or              634 as from 6.4.11 but
             Category B retirement pension (“the deferrer”) and whose period of deferment       only in respect of a day
             begins on or after 6th April 2005–                                                 falling on or after
             (i) no other person has received an increase of any of the benefits mentioned      6.4.11 (see reg. 2(6) of
                                                                                                the S.I.).
                  in sub-paragraph (b) in respect of the deferrer; or                           6
                                                                                                  Words inserted in reg.
           (ii) another person has received such an increase in respect of the deferrer         4(1)(c) & reg. 4(1)(d)
                  and the deferrer is neither married to, 7or in a civil partnership with,      inserted by reg. 4(4)(b)
                                                            5
                  nor residing with, that other person        ; and                             of S.I. 2005/453 as
                                                                                                from 6.4.05.
       (e) in the case of a person who was a member of a couple, the other member of            7
                                                                                                  Words inserted in reg.
             the couple was not in receipt of–                                                  4(1)(d)(ii) by reg. 2(3)
             (i) income support under section 124 of the Social Security Contributions          of S.I. 2005/2878 as
                  and Benefit Act 1992(b);                                                      from 5.12.05.
           (ii) income-based jobseeker’s allowance under section 1 of the Jobseekers
                  Act 1995(c);
          (iii) state pension credit under section 1 of the State Pension Credit Act 2002;
                  or
          (iv) income-related employment and support allowance under section 1 of
                  the Welfare Reform Act 2007(d).
  (2) Subject to the following paragraph, for the purposes of this regulation,
where in respect of any day–
     (a) a person has received one or more of the benefits mentioned in
          paragraph (1)(b) or (c), and
     (b) either–
          (i) 8 the determining authority 8 has determined that in respect of that              8
                                                                                                 Words omitted from
              day he was not entitled to that benefit; or                                       reg. 4(2)(b)(i) by para.
                                                                                                2 of Sch. 3 to S.I. 1999/
         (ii) by virtue of the provisions of the Employment Protection (Recoupment              2422 as from 6.9.99.
              of Unemployment Benefit and Supplementary Benefit) Regulations
              1977(e) the Secretary of State has recovered from that person’s employer
              sums on account of 9a contribution-based jobseeker’s allowance                    9
                                                                                                 Words in reg.
              received by that person in respect of that day; and                               4(2)(b)(ii) substituted
                                                                                                for “unemployment
     (c) the whole of the benefit or sum on account of benefit in respect of that day           benefit” by reg. 26 of
          has been repaid or, as the case may be, recovered before the relevant date,           S.I. 1996/1345 as from
that day shall be treated as a day in respect of which he did not receive that                  7.10.96.
benefit; and in this paragraph “relevant date” means–


(a)   2002 c. 16.
(b)   1992 c. 4.
(c)   1995 c. 18.
(d)   2007 c. 5.
(e)   S.I. 1977/674.


Supplement No. 95 [June 2011]                        The Law Relating to Social Security                          3.9005
SI 1979/642                SOCIAL SECURITY (WIDOW’S BENEFIT AND RETIREMENT
                           PENSIONS) REGULATIONS 1979
Regs. 4-5
                                     (i) where a person’s entitlement to increments under paragraph 2 of Schedule
1
  Words substituted in                   1 to the Pensions Act is in question, the end of his 1period of
reg. 4(2)(c)(i) & (ii)                     2
                                             deferment ; or
and 5(1), 5(3)(a) & (b)
and deleted from reg.               (ii) where a person’s entitlement to increments under paragraph 4 or 4A of
5(4)(c) by regs.                         that Schedule in relation to the 1deferred retirement of a deceased
11(5)(c) & 11(6)(a)-(d)                  spouse is in question, the date of the death of that spouse.
of S.I. 1989/1642 as
from 1.10.89.                (3) Where the benefit or sum on account of benefit in respect of a day to which
2
  Words substituted in     paragraph (2)(a) and (b) applies is repaid or, as the case may be, recovered on or after
reg. 4(2)(i), 5(1),        the said relevant date, that day shall not be treated as a day in respect of which that
5(3)(a) and (5)(a) & (b)   person did not receive that benefit until the benefit has been repaid or, as the case may
by regs. 4(4)(a) &
(5)(a)-(b) of S.I. 2005/
                           be, sums on account of the benefit have been recovered in respect of all the days to
453 as from 6.4.05.        which those sub-paragraphs relate and which fall within the period to which this
                           regulation applies.
                               3
3
 Para. (4) inserted in          (4) For the purposes of paragraph 3 of the Schedule 5A to the Social Security
reg. 4 by reg. 6(5) of     Contributions and Benefits Act 1992 a day shall be treated as a day of increment in
S.I. 2005/1551 as from     relation to any person if it is a day in that person’s period of deferment, other than a
6.7.05.                    Sunday, in respect of which if that person had not deferred his entitlement to a shared
                           additional pension he would have been entitled to it (and would not have been
                           disqualified from receiving it by reason of imprisonment or detention in legal
                           custody) .
                              4
4
 Reg. 4(5) inserted by         (5) In paragraph (1), “couple” has the meaning given by section 137(1) of the
reg. 2(5) of S.I. 2011/    Social Security Contributions and Benefits Act 1992(a).
634 as from 6.4.11 but
only in respect of a day
falling on or after        Modification of paragraph 2(1) to (3) of Schedule 1 to the Pensions Act
6.4.11 (see reg. 2(6) of
the S.I.).                    5.—(1) This regulation applies to a person referred to in paragraph 1 of Schedule 1
                           to the Pensions Act during whose 1period of 2deferment       there has been an increase,
5
 Words in reg. 5(1)        other than an increase made by an order under 5section 63 of the Social Security Act
substituted by reg. 2(2)   1986 (b) in the rate of the Category A or Category B retirement pension to which he
of S.I. 1987/1854 as       would have been entitled 1if his entitlement to the pension had commenced on the
from 11.4.88.              day on which he attained pensionable age .
                             (2) In relation to a person to whom this regulation applies, paragraph 2(1) to (3) of
                           the said Schedule 1 shall have effect with the additions, omissions and amendments
                           prescribed below.
                             (3) In paragraph 2(1) for the words after “incremental period” there shall be
                           substituted–
                              “(a) in his 1period of 2deferment ; and
                               (b) in each period beginning with the day on which an increase in the weekly
                                    rate of his pension took place and ending with the day before 2his entitlement
                                    arose .”
                             (4) After paragraph 2(2)(b) there shall be added–
                                     “and
                               (c) ‘weekly rate of his pension’ means the weekly rate of the Category A or
                                    Category B retirement pension to which that person would have been entitled
                                      1
                                         on attaining pensionable age; and
                               (d) ‘increase’ means an increase in the weekly rate of his pension other than an
                                    increase made by such an order as is mentioned in sub-paragraph (5) below.”
                             (5) In paragraph 2(3) for the words after “incremental period” there shall be
                           substituted–
                              “(a) in the case of an incremental period specified in paragraph 2(1)(a) above,
                                    shall be 21/5th per cent of the weekly rate of his pension immediately
                                    after he attained pensionable age; and
                               (b) in the case of an incremental period specified in paragraph 2(1)(b)above,
                                    shall be 21/5th per cent of that increase.”

                           ( a ) Relevant amendment to section 137(1) is paragraph 46(1) and (3) of Part 3 of Schedule 24
                                 to the Civil Partnership Act 2004 (c. 33).
                           (b) 1986 c. 50.

3.9006                     Supplement No. 95 [June 2011]                         The Law Relating to Social Security
SOCIAL SECURITY (WIDOW’S BENEFIT AND RETIREMENT                                                         SI 1979/642
PENSIONS) REGULATIONS 1979                                                                                    Reg. 6
 1
   Rate of benefit where the second contribution condition in paragraph 5 of Schedule        1
                                                                                               Heading to reg. 6 &
3 to the Social Security Contributions and Benefits Act 1992 is not satisfied                word in para. (3B)
                                                                                             substituted, para. (4)
  6.— 2(1) Subject to paragraph (2) of this regulation, where the second                     omitted and para. (6)
contribution condition specified in paragraph 5(3) of Schedule 3 to the Act is not           inserted by regs. 10-12
satisfied a person shall be entitled to–                                                     of S.I. 2009/2206 as
                                                                                             from 6.4.10.
     (a) widowed mother’s allowance;                                                         2
                                                                                               Paras. (1) to (3B) of
   3
    (aa) widowed parent’s allowance;                                                         reg. 6 substituted for
    (ab) bereavement allowance;                                                              paras. (1) to (3) and
                                                                                             words in reg. 6(5)(a)(i)
     (b) widow’s pension;                                                                    substituted by regs. 2(2)
     (c) Category A retirement pension; or                                                   & 2(4)(a) of S.I. 1990/
                                                                                             2642 as from 29.1.91.
     (d) Category B retirement pension,                                                      3
                                                                                               Regs. 6(1)(aa) reg.
provided the percentage of the number of qualifying years in the working life of             6(1)(ab) and 6(2)(aa)
that person calculated in accordance with paragraph (3B) of this regulation is 25            inserted by reg. 7(3) of
per cent. or more.                                                                           S.I. 2000/1483 as from
                                                                                             9.4.01.
  (2) Where a person to whom paragraph (1) alone would otherwise apply is not
entitled to benefit under that paragraph because the percentage of the number of
qualifying years in his working life, calculated in accordance with paragraph (3B)
of this regulation, is less than 25 per cent, but there are one or more surpluses in
that person’s earnings factors for the relevant years, that person shall be entitled
to–
     (a) widowed mother’s allowance;
   3
    (aa) widowed parent’s allowance
     (b) widow’s pension;
     (c) Category A retirement pension; or
     (d) Category B retirement pension
consisting only of the additional pension in that benefit.
  (3) Where a person is entitled to benefit under paragraph (1) of this regulation,
the benefit payable shall be–
     (a) the basic pension in that benefit at a reduced rate calculated in
          accordance with paragraph (3B) of this regulation as a percentage of the
          higher of the sums specified in section 6(1)(a) of the Pensions Act; and
     (b) any additional pension arising from one or more supluses in the
          pensioner’s earnings factors for the relevant years; and
     (c) any increase of benefit to which he may be entitled under sections 4 ,              4
                                                                                              Word in reg. 6(3)(c) &
          45, 45A, or 46 of the Act–                                                         (i) omitted and head (ii)
                                                                                             omitted by reg. 2(4)(b)
          (i) in respect of an adult dependant calculated in accordance with                 of S.I. 2003/937 as
              paragraph (3B) of this regulation as a percentage of the appropriate           from 6.4.03. See S.I.
              increase specified in Part IV of Schedule 4 to the Act; 4                      2003/938 at page 3.731
         (ii) 4                                                                              for details as to savings
                                                                                             provisions.
  (3A) Where a person is entitled to benefit under paragraph (2) of this
regulation, the benefit payable shall be only the additional pension in that
benefit.
   (3B) 5The percentage referred to in paragraphs (1), (2), (3)(a) and (3)(c)(i) of this     5
                                                                                              Word substituted in
regulation shall be ascertained by taking the number of qualifying years in the working      paras. (3B) and (4)
life of the contributor concerned, expressing that number as a percentage of the requisite   omitted by regs. 11 and
number of years specified for that working life in paragraph 5(4) of Schedule 3 to the       12 of S.I. 2009/2206 as
                                                                                             from 6.4.10.
Act and rounding up that percentage to the next whole number.
           5
     (4)
   (5) Where a person in entitled by virtue of this regulation to a Category A
retirement pension and also to a section 9(2), 9(3) or 10(2) increase, an up-rating
order shall have the effect of increasing–
     (a) the 6basic pension in that pension                                                  6
                                                                                              Words in reg. 6(5)(a)
                                                                                             substituted by Social
         (i) where there is a section 9(2) increase, in proportion to the increase           Security Act 1986 (c. 50),
              under that order of the 2higher of the sums specified in section               s. 18(1) as from 6.4.87.
              6(1)(a) of the Pensions Act; and



Supplement No. 95 [June 2011]                      The Law Relating to Social Security                         3.9007
SI 1979/642                 SOCIAL SECURITY (WIDOW’S BENEFIT AND RETIREMENT
Regs. 6-7
                            PENSIONS) REGULATIONS 1979
                                     (ii) where there is a section 10(2) increase, in proportion to the increase
                                          under that order of the sum specified in paragraph 9 of Part I of
                                          Schedule 4 to the Act;
1
  Words in reg. 6(5)(b)          (b) the 1additional pension in that pension, where there is a section 9(3)
substituted by Social                 increase, by the percentage specified in that order for an increase of the
Security Act 1986 (c.                 sums 2 which are the additional pensions in the rates of long-term
50), s. 18(1) as from                 benefits. .
6.4.87.
                                3
2
  Words in reg. 6(5)(b)          (6) For the purposes of this regulation, “qualifying year” means a year for which
substituted by reg.         a person’s earnings factor is sufficient to satisfy paragraph 5(3)(b) of Schedule 3 to the
2(4)(b) of S.I. 1990/2642   Social Security Contributions and Benefits Act 1992 and includes a year which is
as from 29.1.91.            treated as such a year by virtue of regulation 8(4).
3
  Para. (6) inserted by
reg. 11(4) of S.I. 2009/     4
2206 as from 6.4.10.          Proportion of retirement pension where the contribution condition in paragraph
4
  Para. (6A) & (6B)         5A of Schedule 3 to the Social Security Contributions and Benefits Act 1992 is not
inserted by reg. 12 of      satisfied
S.I. 2009/2206 as from
6.4.10.                        6A.—(1) This regulation applies where the contribution condition in paragraph
                            5A of Schedule 3 (contribution conditions for entitlement to benefit) to the Social
                            Security Contributions and Benefits Act 1992 (“the 1992 Act”) is not satisfied in
                            relation to a benefit to which that paragraph applies.
                              (2) The amount of such a benefit to which a person is nevertheless entitled shall
                            be–
                                (a) 1/30th of the weekly rate of basic pension in that benefit for each year in the
                                    contributor’s working life in relation to which the requirements of paragraph
                                    5A(2)(a) and (b) of Schedule 3 to the 1992 Act are satisfied; and
                                (b) any additional pension in that benefit arising from one or more surpluses in
                                    the contributor’s earnings factors for the relevant years.
                              (3) For the purposes of paragraph (2)(a), satisfaction of the requirements of paragraph
                            5A(2)(a) and (b) of Schedule 3 to the 1992 Act in relation to a year includes satisfaction
                            of those requirements by virtue of regulation 8.
                              (4) Paragraph (5) of regulation 6 applies to entitlement to a Category A retirement
                            pension by virtue of this regulation as it does to such entitlement by virtue of that
                            regulation.

                            Regulations 6 and 6A: supplemental
                              6B. In regulations 6 and 6A, “basic pension” includes the weekly rate of Category
                            B retirement pension specified in paragraph 5 of Part 1 (contributory periodical
                            benefits) of Schedule 4 (rates of benefit, etc) to the Social Security Contributions and
                            Benefits Act 1992.

                            Category B retirement pension of certain widows by virtue of husband’s
                            contributions
                              7. For the purposes of a woman’s entitlement to a Category B retirement
                            pension under section 29(5) of the Act, she shall be treated as being entitled to a
                            widow’s pension if she would have been so entitled but for any one or more of
                            the following circumstances:–
                                 (a) her failure to make, or delay in making, a claim for that widow’s
                                      pension;
5
 Words in reg. 7(b)              (b) her entitlement to 5 a widowed mother’s allowance;
deleted by reg. 2(3) of
                                 (c) the operation of section 82 of the Act (disqualification and suspension)
S.I. 1987/1854 as from                or section 85 of the Act (overlapping benefits and hospital in-patients)
11.4.88.
                                      or any regulations made under either of those sections, except of the
                                      operation of section 82(5)(a) of the Act (absence from Great Britain);
                                 (d) the operation of any provision of the Act or any regulations made under
                                      the Act disqualifying her for the receipt of that widow’s pension for any
                                      period, except for the operation of the said section 28(5)(a);
                                 (e) her having attained the age of 65;
                                  (f) her remarriage after 4th April 1971,
                            and for the purposes of section 29(7)(c) of the Act the weekly rate of the widow’s
                            pension shall be the weekly rate to which she would have been entitled but for
                            any one or more for the said circumstances.
3.9008 (–3.9012)            Supplement No. 95 [June 2011]                      The Law Relating to Social Security
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I.I. means Initial Issue                                                     Supp. means Supplement No.

The up-to-date issue for each page in this volume is as follows

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                           issue                              issue                              issue

3.1 - 3.10                  Supp. 76     3.1051 - 3.1060       Supp. 77     3.2025 - 3.2032      Supp. 82
3.11 – 3.12                 Supp. 94     3.1061 - 3.1062       Supp. 69     3.2033 - 3.2034      Supp. 66
3.13 - 3.70                 Supp. 95     3.1063 - 3.1068       Supp. 81     3.2035 - 3.2038      Supp. 77
3.71 - 3.72                 Supp. 92     3.1069 - 3.1074       Supp. 92     3.2039 - 3.2050      Supp. 80
3.73 - 3.76                 Supp. 82     3.1075 - 3.1078       Supp. 88     3.2051 - 3.2112      Supp. 55
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Supplement No. 95 [June 2011]                The Law Relating to Social Security                3.9991
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I.I. means Initial Issue                                                  Supp. means Supplement No.

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3.2941 - 3.2950             Supp. 49      3.4237 - 3.4238    Supp. 75    3.5601 - 3.5768         Supp. 92
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3.9992             Supplement No. 95 [June 2011]                  The Law Relating to Social Security
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Supplement No. 95 [June 2011]               The Law Relating to Social Security                3.9993
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                                    VOLUME 3: SUPPLEMENT No. 95

I.I. means Initial Issue                                                  Supp. means Supplement No.

The up-to-date issue for each page in this volume is as follows

 Pages                     up-to-date   Pages               up-to-date    Pages                 up-to-date
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3.9994             Supplement No. 95 [June 2011]                  The Law Relating to Social Security
              ALPHABETICAL LIST OF STATUTORY INSTRUMENTS
                                                                  VOLUME 4
SI No.                                                         Title                                                      Page
1983/186         The Social Security (Abolition of Injury Benefit)
                   (Consequential) Regulations 1983 . . . . . . . . . . . . . . . . . . . . . . . 4.3001
1993/861         The Social Security (Industrial Injuries and
                   Adjudication) Regulations 1993 . . . . . . . . . . . . . . . . . . . . . . . 4.3009
1975/469         The Social Security (Industrial Injuries) (Airmen’s
                    Benefits) Regulations 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3021
2010/19          The Social Security (Contributions Credits for
                   Parents and Carers) Regulations 2010 . . . . . . . . . . . . . . . . . 4.3101
1988/544         The Social Security (Industrial Injuries)
                   (Dependency Payments) Regulations 1988 . . . . . . . . . . . . . 4.3201
2009/661         The Social Security (Industrial Injuries)
                   (Dependency) (Permitted Earnings Limits)
                   Order 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3215
2010/833         The Social Security (Industrial Injuries)
                   (Dependency) (Permitted Earnings Limits)
                   Order 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3211
2011/869         The Social Security (Industrial Injuries)
                   (Dependency) (Permitted Earnings Limits)
                   Order 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3221
1975/467         The Social Security (Employed Earners’ Em-
                   ployments for Industrial Injuries Purposes)
                   Regulations 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3301
1976/1267 The Child Benefit and Social Security (Fixing and
            Adjustment of Rates) Regulations 1976 . . . . . . . . . . . . . . . . 4.8601
1998/1581 The Child Benefit and Social Security (Fixing and
            Adjustment of Rates) (Amendment)
            Regulations 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.8611
1983/104         The Child Benefit (Interim Payments) Regulations 1983 . . . . . 4.8901
1975/470         The Social Security (Industrial Injuries) (Mariners’
                   Benefits) Regulations 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3601
2008/1595 The Mesothelioma Lump Sum Payments
            (Claims and Reconsiderations) Regulations 2008 . . . . . . . . . 4.3607
2008/1963 The Mesothelioma Lump Sum Payments
            (Conditions and Amounts) Regulations 2008 . . . . . . . . . . . . . 4.3613
2010/1105 The Mesothelioma Lump Sum Payments
            (Conditions and Amounts) (Amendment)
            Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3631
2011/1024 The Mesothelioma Lump Sum Payments
            (Conditions and Amounts) (Amendment)
            Regulations 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3639
1996/425         The Social Security (Industrial Injuries and Diseases)
                   (Miscellaneous Amendments) Regulations
                   1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3671
1986/1561 The Social Security (Industrial Injuries and Diseases)
            Miscellaneous Provisions Regulations
            1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3701



Supplement No. 95 [June 2011]                                          The Law Relating to Social Security                           4.11
                   ALPHABETICAL LIST OF STATUTORY INSTRUMENTS

       SI No.                                                    Title                                                Page
       1983/136         The Pneumoconiosis, Byssinosis and Miscell-
                          aneous Diseases Benefit Scheme 1983 . . . . . . . . . . . . . . . . . . . 4.4501
       2007/2000 The Pneumoconiosis etc. (Workers’
                   Compensation) (Prescribed Occupations)
                   Order 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4653
       1985/967         The Social Security (Industrial Injuries) (Prescribed
                          Diseases) Regulations 1985 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3851
       1993/1985 The Social Security (Industrial Injuries)
                   (Prescribed Diseases) Amendment (No. 2)
                   Regulations 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4263
       2000/1588 The Social Security (Industrial Injuries) (Prescribed
                   Diseases) Amendment Regulations 2000 . . . . . . . . . . . . . . . . 4.4271
       2003/270         The Social Security (Industrial Injuries) (Prescribed
                          Diseases) Amendment Regulations 2003 . . . . . . . . . . . . . . . . 4.4277
       2003/2190 The Social Security (Industrial Injuries) (Prescribed
                   Diseases) Amendment (No. 2) Regulations 2003 . . . . . . . . . 4.4279
       2005/324         The Social Security (Industrial Injuries) (Prescribed
                          Diseases) Amendment Regulations 2005 . . . . . . . . . . . . . . . . 4.4281
       2007/811         The Social Security (Industrial Injuries) (Prescribed
                          Diseases) Amendment Regulations 2007 . . . . . . . . . . . . . . . . 4.4289
       2007/1753 The Social Security (Industrial Injuries) (Prescribed
                   Diseases) Amendment (No. 2) Regulations 2007 . . . . . . . . . 4.4291
       2008/14          The Social Security (Industrial Injuries) (Prescribed
                          Diseases) Amendment Regulations 2008 . . . . . . . . . . . . . . . . 4.4295
       2008/1552 The Social Security (Industrial Injuries) (Prescribed
                   Diseases) Amendment (No. 2) Regulations 2008 . . . . . . . . . 4.4297
       2009/1396 The Social Security (Industrial Injuries) (Prescribed
                   Diseases) Amendment Regulations 2009 . . . . . . . . . . . . . . . . 4.4299
       2006/965        The Child Benefit (Rates) Regulations 2006 . . . . . . . . . . . . . . . . . 4.9003
       1987/415         The Social Security (Industrial Injuries) (Reduced
                          Earnings Allowance and Transitional)
                          Regulations 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4351
       1990/256         The Social Security (Industrial Injuries) (Regular
                          Employment) Regulations 1990 . . . . . . . . . . . . . . . . . . . . . . . . 4.4401
       1976/963         The Child Benefit (Residence and Persons
                          Abroad) Regulations 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.9101
       1999/198         The Child Benefit (Residence and Persons
                          Abroad) Amendment Regulations 1999 . . . . . . . . . . . . . . . . . . 4.9211
       2010/1988 The Vaccine Damage Payments (Specified
                   Disease) (Revocation and Savings) Order 2010 . . . . . . . . . 4.7903
       1994/1882 The Statutory Maternity Pay (Compensation
                   of Employers) and Miscellaneous Amendment
                   Regulations 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5523
       2011/725         The Statutory Maternity Pay (Compensation)
                          of Employers) Amendment Regulations 2011 . . . . . . . . . . . . . 4.5561
       1986/1960 The Statutory Maternity Pay (General)
                   Regulations 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5701
       2000/2883 The Statutory Maternity Pay (General)
                   (Modification and Amendment) Regulations 2000 . . . . . . . . . . . 4.5861


4.12   Supplement No. 95 [June 2011]                                     The Law Relating to Social Security
            ALPHABETICAL LIST OF STATUTORY INSTRUMENTS

SI No.                                                        Title                                                      Page
2005/358        The Statutory Maternity Pay and the Statutory
                  Paternity Pay and Statutory Adoption
                  Pay (General) (Amendment) Regulations 2005 . . . . . . . . . . . 4.6351
1987/235        The Statutory Maternity Pay (Medical
                  Evidence) Regulations 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.6101
1991/590        The Statutory Maternity Pay (National Health
                  Service Employees) Regulations 1991 . . . . . . . . . . . . . . . . . . 4.6201
1987/418        The Statutory Maternity Pay (Persons Abroad
                  and Mariners) Regulations 1987 . . . . . . . . . . . . . . . . . . . . . . . 4.6301
2010/1056 The Additional Statutory Paternity Pay
            (General) Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.6541
2011/678        The Additional Statutory Paternity Pay
                  (General) (Amendment) Regulations 2011 . . . . . . . . . . . . . . . 4.6631
2010/1057 The Additional Statutor y Paternity Pay
            (Adoptions from Overseas) Regulations 2010 . . . . . . . . . . . . . 4.6603
2010/1060 The Additional Statutory Paternity Pay (Weekly
            Rates) Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.6651
1994/730        The Statutory Sick Pay Act 1994 (Consequential)
                  Regulations 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.6703
1982/894        The Statutory Sick Pay (General) Regulations
                  1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.6801
2008/1735 The Statutory Sick Pay (General) Amendment
            Regulations 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.6911
1982/1349 The Statutory Sick Pay (Mariners, Airmen
            and Persons Abroad) Regulations 1982 . . . . . . . . . . . . . . . . . . 4.7001
1985/1604 The Statutor y Sick Pay (Medical Evidence)
            Regulations 1985 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7101
1999/776        The Statutory Sick Pay and Statutory Maternity
                  Pay (Decisions) Regulations 1999 . . . . . . . . . . . . . . . . . . . . . . 4.7401
2010/137        The Social Security (Medical Evidence and
                  Statutory Sick Pay (Medical Evidence)
                  (Amendment) Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . 4.7121
1996/777        The Social Security Contributions, Statutory
                  Maternity Pay and Statutor y Sick Pay
                  (Miscellaneous Amendments) Regulations
                  1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7151
1991/589        The Statutor y Sick Pay (National Health
                  Service Employees) Regulations 1991 . . . . . . . . . . . . . . . . . . 4.7201
1995/512        The Statutory Sick Pay Percentage Threshold
                  Order 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7271
1995/513        The Statutory Sick Pay Percentage Threshold
                  Order 1995 (Consequential) Regulations 1995 . . . . . . . . . . . . 4.7275
1993/350        The Statutory Sick Pay (Rate of Payment) Order
                  1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7359
1994/562        The Statutory Sick Pay (Rate of Payment) Order
                  1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7361

                   [Social Security Benefits Up-rating Orders and
                   Regulations, see volume 1.]
2002/1592 The Regulator y Reform (Vaccine Damage
            Payments Act 1979) Order 2002 . . . . . . . . . . . . . . . . . . . . . . . 4.7821
Supplement No. 95 [June 2011]                                         The Law Relating to Social Security                           4.13
                    ALPHABETICAL LIST OF STATUTORY INSTRUMENTS

       SI No.                                                         Title                                                      Page
       1979/432         The Vaccine Damage Payments Regulations
                          1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7801
       1990/623         The Vaccine Damage Payments (Specified
                          Diseases) Order 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7881
       1995/1164 The Vaccine Damage Payments (Specified
                   Disease) Order 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7883
       2001/1652 The Vaccine Damage Payments (Specified
                   Disease) Order 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7885
       2006/2066 The Vaccine Damage Payments (Specified
                   Disease) Order 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7887
       2008/2103 The Vaccine Damage Payments (Specified
                   Disease) Order 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7889
       2009/2516 The Vaccine Damage Payments (Specified
                   Disease) Order 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7891
       2007/1931 The Vaccine Damage Payments Act 1979
                   Statutory Sum Order 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7905
       1982/1489 The Workmen’s Compensation
                   (Supplementation) Scheme 1982 . . . . . . . . . . . . . . . . . . . . . . 4.5001
       1994/671         The Workmen’s Compensation
                          (Supplementation) (Amendment) Scheme
                          1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5359
       1996/598         The Workmen’s Compensation
                          (Supplementation) (Amendment) Scheme
                          1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5365
       1997/731         The Workmen’s Compensation
                          (Supplementation) (Amendment) Scheme
                          1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5369
       1998/571         The Workmen’s Compensation
                          (Supplementation) (Amendment) Scheme
                          1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5377
       1999/720         The Workmen’s Compensation
                          (Supplementation) (Amendment) Scheme
                          1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5385
       2000/697         The Workmen’s Compensation
                          (Supplementation) (Amendment) Scheme
                          2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5391
       2001/1001 The Workmen’s Compensation
                   (Supplementation) (Amendment) Scheme
                   2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5393
       2002/718 The Workmen’s Compensation
                   (Supplementation) (Amendment) Scheme
                    2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5395
       2003/656         The Workmen’s Compensation
                          (Supplementation) (Amendment) Scheme
                          2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5397
       2004/582         The Workmen’s Compensation
                          (Supplementation) (Amendment) Scheme
                          2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5399
       2005/832         The Workmen’s Compensation
                          (Supplementation) (Amendment) Scheme
                          2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5401
4.14   Supplement No. 95 [June 2011]                                          The Law Relating to Social Security
         ALPHABETICAL LIST OF STATUTORY INSTRUMENTS

SI No.                                                   Title                                                      Page
2006/738   The Workmen’s Compensation
             (Supplementation) (Amendment) Scheme
             2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5403
2007/804   The Workmen’s Compensation
             (Supplementation) (Amendment) Scheme
             2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5405
2008/721   The Workmen’s Compensation
             (Supplementation) (Amendment) Scheme
             2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5409
2009/664   The Workmen’s Compensation
             (Supplementation) (Amendment) Scheme 2009 . . . . . . . . 4.5411
2010/916   The Workmen’s Compensation
             (Supplementation) (Amendment) Scheme 2010 . . . . . . . . 4.5413
2011/868   The Workmen’s Compensation
             (Supplementation) (Amendment) Scheme 2011 . . . . . . . . 4.5421




Supplement No. 95 [June 2011]                                    The Law Relating to Social Security                           4.15
4.16 (–4.70)   Supplement No. 95 [June 2011]   The Law Relating to Social Security
           CHRONOLOGICAL LIST OF STATUTORY INSTRUMENTS

SI No.                                                   Title                                              Page
2000 2883 The Statutory Maternity Pay (General) (Modification
             and Amendment) Regulations 2000 . . . . . . . . . . . . . . . . . . . . . 4.5861
2001 1001 The Workmen’s Compensation (Supplementation)
            (Amendment) Scheme 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5393
       1652 The Vaccine Damage Payments (Specified Disease)
              Order 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7885
2002 718 The Workmen’s Compensation (Supplementation)
           (Amendment) Scheme 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5395
       1592 The Regulatory Reform (Vaccine Damage Payments
              Act 1979) Order 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7821
2003 270        The Social Security (Industrial Injuries) (Prescribed
                  Diseases) Amendment Regulations 2003 . . . . . . . . . . . . . . . . . 4.4277
         656    The Workmen’s Compensation (Supplementation)
                  (Amendment) Scheme 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5397
       2190 The Social Security (Industrial Injuries) (Prescribed
              Diseases) Amendment (No. 2) Regulations 2003 . . . . . . . . . . . 4.4279
2004 582 The Workmen’s Compensation (Supplementation)
           (Amendment) Scheme 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5399
2005 324 The Social Security (Industrial Injuries)
           (Prescribed Diseases) Amendment Regulations 2005 . . . . . . . 4.4281
         358 The Statutory Maternity Pay (General) and the
               Statutory Paternity Pay and Statutory Adoption Pay
               (General) (Amendment) Regulations 2005 . . . . . . . . . . . . . . . . 4.6351
         832 The Workmen’s Compensation (Supplementation)
               (Amendment) Scheme 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5401
2006 738 The Workmen’s Compensation (Supplementation)
           (Amendment) Scheme 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5403
         965    The Child Benefit (Rates) Regulations 2006 . . . . . . . . . . . . . . . . 4.9003
       2066 The Vaccine Damage Payments (Specific Disease)
              Order 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7887
2007 804 The Workmen’s Compensation (Supplementation)
           (Amendment) Scheme 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5405
         811 The Social Security (Industrial Injuries) (Prescribed
               Diseases) Amendment Regulations 2007 . . . . . . . . . . . . . . . . . 4.4289
       1753 The Social Security (Industrial Injuries) (Prescribed
              Diseases) Amendment (No. 2) Regulations 2007 . . . . . . . . . . . 4.4291
       1931 The Vaccine Damage Payments Act 1979
              Statutory Sum Order 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7905
       2000 The Pneumoconiosis etc. (Workers’ Compensation)
              (Prescribed Occupations) Order 2007 . . . . . . . . . . . . . . . . . . . . 4.4653
2008      14 The Social Security (Industrial Injuries) (Prescribed
               Diseases) Amendment Regulations 2008 . . . . . . . . . . . . . . . . . 4.4295
         721 The Workmen’s Compensation (Supplementation)
               Amendment Regulations 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5409
       1552 The Social Security (Industrial Injuries) (Prescribed
              Diseases) (Amendment No. 2) Regulations 2008 . . . . . . . . . . . 4.4297




Supplement No. 95 [June 2011]                                    The Law Relating to Social Security                  4.73
                            CHRONOLOGICAL LIST OF STATUTORY INSTRUMENTS

                 SI No.                                                     Title                                                Page
                 2008 1595 The Mesothelioma Lump Sum Payments (Claims and
                             Reconsiderations) Regulations 2008 . . . . . . . . . . . . . . . . . . . . 4.3607
                        1735 The Statutory Sick Pay (General)
                               (Amendment) Regulations 2008 . . . . . . . . . . . . . . . . . . . . . . . . 4.6911
                        1963 The Mesothelioma Lump Sum Payments (Conditions
                               and Amounts) Regulations 2008 . . . . . . . . . . . . . . . . . . . . . . . . 4.3613
                        2103 The Vaccine Damage Payments (Specified Disease) Order
                                2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7889
                 2009 661 The Social Security (Industrial Injuries) (Dependency)
                            (Permitted Earnings Limits) Order 2009 . . . . . . . . . . . . . . . . . . 4.3213
                        1396 The Social Security (Industrial Injuries) (Prescribed
                               Diseases) Amendment Regulations 2009 . . . . . . . . . . . . . . . . . 4.4299
                        2516 The Vaccine Damage Payments (Specified Disease) Order
                                2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7891
                 2010      19 The Social Security (Contributions Credits for Parents
                                and Carers) Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3101
                          137    The Social Security (Medical Evidence) and Statutory
                                   Sick Pay (Medical Evidence) (Amendment)
                                   Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7121
                          833 The Social Security (Industrial Injuries) (Dependency)
                                (Permitted Earnings Limits) Order 2010 . . . . . . . . . . . . . . . . . . 4.3215
                          916 The Workmen’s Compensation (supplementation)
                                (Amendment) Scheme 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5413
                        1056 The Additional Statutory Paternity Pay (General)
                               Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.6541
                        1057 The Additional Statutory Paternity Pay (Adoptions from
                               Overseas) Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.6603
                        1060 The Additional Statutory Paternity Pay (Weekly Rates)
                               Regulations 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.6651
                        1105 The Mesothelioma Lump Sum Payments (Conditions
                               and Amounts) (Amendment) Regulations 2010 . . . . . . . . . . . . 4.3631
                        1988 The Vaccine Damage Payments (Specified Disease)
                               (Revocation and Savings) Order 2010 . . . . . . . . . . . . . . . . . . . 4.7903
                 2011 678 The Additional Statutory Paternity Pay (General)
                            (Amendment) Regulations 2011 . . . . . . . . . . . . . . . . . . . . . . . . 4.6631
                          725 The Statutory Maternity Pay (Compensation of
                                Employers) Amendment Regulations 2011 . . . . . . . . . . . . . . . 4.5561
                          868 The Workmen’s Compensation (Supplementation)
                                (Amendment) Scheme 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5421
                          869 The Social Security (Industrial Injuries) (Dependency)
                                (Permitted Earnings Limits) Order 2011 . . . . . . . . . . . . . . . . . . 4.3221
                        1024 The Mesothelioma Lump Sum Payments (Conditions
                               and Amounts) (Amendment) Regulations 2011 . . . . . . . . . . . 4.3639




4.74 (–4.3000)   Supplement No. 95 [June 2011]                                      The Law Relating to Social Security
SOCIAL SECURITY (CONTRIBUTIONS CREDITS FOR PARENTS AND                                                        SI 2010/19
CARERS) REGULATIONS 2010                                                                                       Regs. 2-6

   (2) In these Regulations, a reference to a section or Schedule by number alone is a
reference to the section or Schedule so numbered in the Social Security Contributions
and Benefits Act 1992.

Transitional provision
  3. For the period of 12 weeks from the date on which these Regulations come into
force, regulation 7(1)(a) has effect as if the reference in regulation 7(1) to 12 weeks
were a reference to the number of complete weeks since these Regulations came into
force.


                                         PART 2
       MEANING OF “FOSTER PARENT” AND “ENGAGED IN
                        CARING”

Meaning of “foster parent”
  4.—(1) For the purposes of subsection (3)(b) of section 23A (contributions credits
for relevant parents and carers), a foster parent is a person approved as–
     (a) a foster parent in accordance with Part 4 (approval of foster parents) of the
          Fostering Services Regulations 2002(a); 1                                              1
                                                                                                  Word deleted in reg.
   1                                                                                             4(1)(a) & reg. 4(1)(aa)
    (aa) a kinship carer in accordance with Part 5 (kinship care) of the Looked After            & (c) inserted by reg.
          Children (Scotland) Regulations 2009(b);                                               3(2)(a)-(c) of S.I. 2011/
     (b) a foster carer in accordance with Part 7 (fostering) of the Looked After Children       709 as from 5.4.11.
          (Scotland) Regulations 2009(c) 1; or
     (c) a foster parent in accordance with Part 2 (approvals and placements) of the
          Foster Placement (Children) Regulations (Northern Ireland) 1996(d) .
  (2) Paragraph (1) is subject to regulation 8.

Meaning of “engaged in caring”
  5.—(1) For the purposes of subsection (3)(c) of section 23A, a person is engaged in
caring in a week–
     (a) if that person is the partner of a person who is awarded child benefit for any
          part of that week in respect of a child under the age of 12;
     (b) if that person is caring for another person or persons for a total of 20 or more
          hours in that week and–
          (i) that other person is, or each of the persons cared for are, entitled to a
              relevant benefit for that week; or
         (ii) the Secretary of State considers that level of care to be appropriate;
     (c) if that person is one to whom any of paragraphs 4 to 6 (persons caring for
          another person) of Schedule 1B (prescribed categories of person) to the Income
          Support (General) Regulations 1987(e) applies.
  (2) Paragraph (1) is subject to regulations 6 to 8.

Limit on the period in respect of partners of persons awarded child benefit
   6.—(1) Regulation 5(1)(a) does not apply to any week which falls within a tax year
in respect of which the person awarded child benefit satisfies the following condition.

(a)   S.I. 2002/57. Relevant amending instruments are S.I. 2002/865 and S.I. 2008/640.
(b)   S.S.I. 2009/210.
(c)   S.S.I. 2009/210.
(d)   S.R. 1996/467.
(e)   S.I. 1987/1967. Schedule 1B was inserted by S.I. 1996/206. Relevant amending instruments
      are S.I. 1996/1517, S.I. 2000/681, S.I. 2001/859, S.I. 2002/490 and S.I. 2002/2497.

Supplement No. 95 [June 2011]                         The Law Relating to Social Security                          4.3103
SI 2010/19                SOCIAL SECURITY (CONTRIBUTIONS CREDITS FOR PARENTS AND
Regs. 6-10
                          CARERS) REGULATIONS 2010
                            (2) The condition is that that person’s earnings factor for the purposes of section 45
                          (additional pension in a Category A retirement pension) does not exceed the qualifying
                          earnings factor for that year.
                            (3) In calculating a person’s earnings factor for the purposes of paragraph (2), no
                          account is to be taken of any earnings factor derived from contributions credited by
                          virtue of that person being a relevant carer due to an award of child benefit.

                          Additional period in respect of entitlement to carer’s allowance and relevant benefits
                            7.—(1) A person is engaged in caring for a period of 12 weeks–
                              (a) prior to the date on which that person becomes entitled to carer’s allowance
                                  by virtue of subsection (1) of section 70 (carer’s allowance);
                              (b) subject to paragraph (2), following the end of the week in which that person
                                  ceases to be entitled to carer’s allowance by virtue of that subsection;
                              (c) following the end of a week in which regulation 5(1)(b) ceases to be satisfied.
                             (2) For the purposes of paragraph (1)(b), a person is not engaged in caring in a week
                          in respect of which that person is entitled, under regulations made under subsection
                          (5) of section 22 (earnings factors), to be credited with contributions by virtue of
                          being entitled to an allowance under section 70.

                          Disqualification due to residence or imprisonment
                            8. A person is not a foster parent or engaged in caring for the purposes of section
                          23A during any period in respect of which that person is–
                              (a) not ordinarily resident in Great Britain; or
                              (b) undergoing imprisonment or detention in legal custody.


                                                                  PART 3
                                                             APPLICATIONS

                          Applications: foster parents and partners of persons awarded child benefit
                            9. A person shall not be entitled to be credited with Class 3 contributions under–
                              (a) subsection (3)(b) (foster parent) of section 23A; or
                              (b) subsection (3)(c) (person engaged in caring) of section 23A by virtue of
                                   regulation 5(1)(a),
                              unless an application to be so credited is received by the Commissioners for Her
                              Majesty’s Revenue and Customs.

                          Applications: carers for 20 or more hours per week
                            10.—(1) A person shall not be entitled to be credited with Class 3 contributions
                          under subsection (3)(c) of section 23A by virtue of regulation 5(1)(b) unless an
                          application to be so credited is received by the Secretary of State.
                            (2) Paragraph (1) does not apply where that person–
                                     1
1
 Reg. 10(2)(a) omitted        (a)
by reg. 3 of S.I. 2010/
385 as from 6.4.10.           (b) is a married woman who is not entitled to be credited with contributions
                                   under paragraph (1) of regulation 7A (credits for carer’s allowance) of the
                                   Social Security (Credits) Regulations 1975(a) by virtue of paragraph (2)(b)
                                   (reduced contribution rate election under regulations under section 19(4))
                                   of that regulation.


                          (a) S.I. 1975/556. Regulation 7A was inserted by S.I. 1976/409 and amended by S.I. 1987/414,
                              S.I. 1988/1545, S.I. 1996/2367, S.I. 2000/1483, S.I. 2002/490, S.I. 2002/2497, S.I. 2005/
                              2877.

4.3104                    Supplement No. 95 [June 2011]                        The Law Relating to Social Security
SOCIAL SECURITY (INDUSTRIAL INJURIES) (DEPENDENCY) (PERMITTED                                       SI 2010/833
EARNINGS LIMITS) ORDER 2010                                                                            Arts. 1-2

                                      2010 No. 833

                              SOCIAL SECURITY

The Social Security (Industrial Injuries) (Dependency)
      (Permitted Earnings Limits) Order 2010

              Made      -    -    -    -                   16th March 2010
              Laid before Parliament -                     22nd March 2010
              Coming into force -                            14th April 2010

The Secretary of State for Work and Pensions makes the following Order in exercise of
the powers conferred by paragraph 4(5) of Schedule 7 to the Social Security
Contributions and Benefits Act 1992(a).

Citation and commencement
  1. This Order may be cited as the Social Security (Industrial Injuries) (Dependency)
(Permitted Earnings Limits) Order 2010 and shall come into force on 14th April 2010.
  [Article 2 amends paragraph 4 of the Contributions and Benefits Act 1992.]


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



                                                                     William D. McKenzie,
                                                     Parliamentary Under-Secretary of State
16th March 2010                                          Department for Work and Pensions




( a ) 1992 c. 4. Paragraph 4 was amended by section 254(1) of, and Schedule 24 to, the Civil
      Partnership Act 2004 (c. 33), and section 1(3) of, and Schedule 1 to, the Child Benefit Act
      2005 (c. 6).


Supplement No. 95 [June 2011]                           The Law Relating to Social Security              4.3215
SI 2010/833        SOCIAL SECURITY (INDUSTRIAL INJURIES) (DEPENDENCY) (PERMITTED
                   EARNINGS LIMITS) ORDER 2010

                                                  EXPLANATORY NOTE

                                             (This note is not part of the Order)

                     Paragraph 4 of Schedule 7 to the Social Security Contributions and Benefits Act
                   1992 increases the weekly rate of a disablement pension, where the beneficiary is
                   entitled to unemployability supplement, for periods during which the beneficiary is
                   entitled to child benefit in respect of one or more children or qualifying young persons.
                     Paragraph 4(4) applies where such a beneficiary is one of two persons who are
                   spouses or civil partners residing together, or who are living together as husband and
                   wife or civil partners, and the other person had earnings in any week. It provides that
                   the increase shall not be payable in respect of the first child or qualifying young
                   person if the other person’s earnings are £195 a week or more and in respect of further
                   children or qualifying young persons for each complete £26 by which those earnings
                   exceed £195. This Order increases the amount from £195 to £200.
                     A full impact assessment has not been produced for this instrument as it has no
                   impact on the costs of business, charities or voluntary bodies.




4.3216 (–4.3220)   Supplement No. 95 [June 2011]                     The Law Relating to Social Security
SOCIAL SECURITY (INDUSTRIAL INJURIES) (DEPENDENCY) (PERMITTED                                       SI 2011/869
EARNINGS LIMITS) ORDER 2011                                                                            Arts. 1-2

                                      2011 No. 869

                              SOCIAL SECURITY

The Social Security (Indusrial Injuries) (Dependency)
      (Permitted Earnings Limits) Order 2011

              Made      -    -    -    -                   17th March 2011
              Laid before Parliament                       22nd March 2011
              Coming into force                              13th April 2011




The Secretary of State for Work and Pensions makes the following Order in exercise of
the powers conferred by paragraph 4(5) of Schedule 7 to the Social Security
Contributions and Benefits Act 1992(a).

Citation and commencement
  1. This Order may be cited as the Social Security (Industrial Injuries) (Dependency)
(Permitted Earnings Limits) Order 2011 and shall come into force on 13th April 2011.
  [Article 2 amends paragraph 4(4) of Schedule 7 to the 1992 Act c. 4.]



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



                                                                               C. Grayling
                                                                          Minister of State,
17th March 2011                                           Department for Work and Pensions




( a ) 1992 c. 4. Paragraph 4 was amended by section 254(1) of, and Schedule 24 to, the Civil
      Partnership Act 2004 (c. 33), and section 1(3) of, and Schedule 1 to, the Child Benefit Act
      2005 (c. 6).


Supplement No. 95 [June 2011]                           The Law Relating to Social Security              4.3221
SI 2011/869        SOCIAL SECURITY (INDUSTRIAL INJURIES) (DEPENDENCY) (PERMITTED
                   EARNINGS LIMITS) ORDER 2011

                                                  EXPLANATORY NOTE

                                             (This note is not part of the Order)

                     Paragraph 4 of Schedule 7 to the Social Security Contributions and Benefits Act
                   1992 increases the weekly rate of a disablement pension, where the beneficiary is
                   entitled to unemployability supplement, for periods during which the beneficiary is
                   entitled to child benefit in respect of one or more children or qualifying young persons.
                     Paragraph 4(4) applies where such a beneficiary is one of two persons who are
                   spouses or civil partners residing together, or who are living together as husband and
                   wife or civil partners, and the other person had earnings in any week. It provides that
                   the increase shall not be payable in respect of the first child or qualifying young
                   person if the other person's earnings are £200 a week or more and in respect of further
                   children or qualifying young persons for each complete £26 by which those earnings
                   exceed £200. This Order increases those amounts from £200 to £205, and from £26 to
                   £27 respectively.
                     A full impact assessment has not been produced for this instrument as it has no
                   impact on the private sector or civil society organisations.




4.3222 (–4.3300)   Supplement No. 95 [June 2011]                     The Law Relating to Social Security
MESOTHELIOMA LUMP SUM PAYMENTS (CONDITIONS AND                                                   SI 2008/1963
AMOUNTS) REGULATIONS 2008
                                                                                                           Sch.


                                                            William D McKenzie
                                          Parliamentary Under-Secretary of State,
17th July 2008                                 Department for Work and Pensions


                                SCHEDULE                                Regulation 5

 1
     Table 1                                                                           1
                                                                                        Table 1 in the Sch.
                                                                                       substituted by reg. 2(2)
Amount of lump sum payment to person with mesothelioma                                 of S.I. 2011/1024 as
                                                                                       from 1.4.11.

Age of person with mesothelioma at diagnosis,     Payment
or if unknown, at date of claim                   £


37 and under                                      77,506
38                                                75,999
39                                                74,495
40                                                72,991
41                                                71,485
42                                                69,980
43                                                69,229
44                                                68,472
45                                                67,723
46                                                66,971
47                                                66,217
48                                                64,113
49                                                62,007
50                                                59,896
51                                                57,791
52                                                55,680
53                                                54,177
54                                                52,673
55                                                51,171
56                                                49,660
57                                                48,156
58                                                44,245
59                                                40,330
60                                                36,422
61                                                32,507
62                                                28,594
63                                                26,184
64                                                23,776
65                                                21,372
66                                                18,963
67                                                16,555
68                                                16,065
69                                                15,574
70                                                15,088
71                                                14,600
72                                                14,110
73                                                13,695
74                                                13,272
75                                                12,865
76                                                12,456
77 and over                                       12,040.




Supplement No. 95 [June 2011]                   The Law Relating to Social Security                      4.3615
SI 2008/1963               MESOTHELIOMA LUMP SUM PAYMENTS (CONDITIONS AND
                           AMOUNTS) REGULATIONS 2008
Sch.

                            1
1
  Table 2 in the Sch.           Table 2
substituted by reg. 2(3)
of S.I. 2011/1024 as
from 1.4.11.
                           Amount of lump sum payment to dependant

                           Age of person with mesothelioma at death     Payment
                                                                        £


                           37 and under                                 40,335
                           38                                           39,468
                           39                                           38,603
                           40                                           37,738
                           41                                           36,873
                           42                                           36,008
                           43                                           35,180
                           44                                           34,343
                           45                                           33,521
                           46                                           32,694
                           47                                           31,868
                           48                                           30,851
                           49                                           29,835
                           50                                           28,819
                           51                                           27,807
                           52                                           26,793
                           53                                           25,959
                           54                                           25,134
                           55                                           24,306
                           56                                           23,474
                           57                                           22,649
                           58                                           20,358
                           59                                           18,060
                           60                                           15,766
                           61                                           13,470
                           62                                           11,172
                           63                                           10,517
                           64                                           9,866
                           65                                           9,198
                           66                                           8,542
                           67 and over                                  7,524.




4.3616                     Supplement No. 95 [June 2011]              The Law Relating to Social Security
MESOTHELIOMA LUMP SUM PAYMENTS (CONDITIONS AND                                                  SI 2010/1105
AMOUNTS) (AMENDMENT) REGULATIONS 2010
                                                                                                   Regs. 1-2



                                    2010 No. 1105

                               SOCIAL SECURITY

 The Mesothelioma Lump Sum Payments (Conditions
   and Amounts) (Amendment) Regulations 2010

               Made      -    -     -   -                    30th March 2010
               Coming into force -                               1st April 2010

The Secretary of State for Work and Pensions in exercise of the powers conferred by
section 46(3) and 53(1)(a) of the Child Maintenance and Other Payments Act 2008(b)
makes the following Regulations.

In accordance with section 53(3) of that Act, a draft of this instrument was laid before
Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and application
  1.—(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments
(Conditions and Amounts) (Amendment) Regulations 2010 and shall come into force
on 1st April 2010.
  (2) Regulation 2(1) and (2) shall apply in relation to a person–
    (a) first diagnosed with mesothelioma on or after 1st April 2010; or
    (b) where the date of their first diagnosis with mesothelioma is unknown, if a
        claim is made by that person on or after 1st April 2010.
  (3) Regulation 2(1) and (3) shall apply in relation to the dependant of a person who
dies on or after 1st April 2010.
  [Regulation 2 amends the Schedule of S.I. 2008/1963.]



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



                                                                       William D. McKenzie
                                                      Parliamentary Under-Secretary of State,
30th March 2010                                            Department for Work and Pensions




( a ) Section 53(1) is cited for the meaning it gives to “regulations”.
(b) 2008 c. 6.


Supplement No. 95 [June 2011]                             The Law Relating to Social Security         4.3631
SI 2010/1105       MESOTHELIOMA LUMP SUM PAYMENTS (CONDITIONS AND
                   AMOUNTS) (AMENDMENT) REGULATIONS 2010



                                                EXPLANATORY NOTE

                                        (This note is not part of the Regulations)

                     These Regulations amend the Schedule to the Mesothelioma Lump Sum Payments
                   (Conditions and Amounts) Regulations 2008 by substituting revised tables of lump
                   sum payments payable to people with mesothelioma or to their dependants.
                     A full impact assessment has not been published for this instrument as no impact on
                   the private, public or voluntary sectors is foreseen.




4.3632 (–4.3638)   Supplement No. 95 [June 2011]                   The Law Relating to Social Security
SOCIAL SECURITY MESOTHELIOMA LUMP SUM PAYMENTS                                                  SI 2011/1024
(CONDITIONS AND AMOUNTS) (AMENDMENT) REGULATIONS 2011
                                                                                                   Regs. 1-2

                                    2011 No. 1024

                               SOCIAL SECURITY

 The Mesothelioma Lump Sum Payments (Conditions
   and Amounts) (Amendment) Regulations 2011

               Made      -    -     -   -                     31st March 2011
               Coming into force -                               1st April 2011

The Secretary of State for Work and Pensions in exercise of the powers conferred by
section 46(3) and 53(1)(a) of the Child Maintenance and Other Payments Act 2008(b),
makes the following Regulations.

In accordance with section 53(3) of that Act, a draft of this instrument was laid before
Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and application
  1.—(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments
(Conditions and Amounts) (Amendment) Regulations 2011 and shall come into force
on 1st April 2011.
  (2) Regulation 2(1) and (2) shall apply in relation to a person–
    (a) first diagnosed with mesothelioma on or after 1st April 2011; or
    (b) where the date of their first diagnosis with mesothelioma is unknown, if a
        claim is made by that person on or after 1st April 2011.
  (3) Regulation 2(1) and (3) shall apply in relation to the dependant of a person who
dies on or after 1st April 2011.
  [Regulation 2 amends the Schedule (tables 1 & 2) to S.I. 2008/1963.]



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



                                                                                       Freud
                                                      Parliamentary Under-Secretary of State,
31st March 2011                                            Department for Work and Pensions




( a ) Section 53(1) is cited for the meaning it gives to “regulations”.
(b) 2008 c. 6

Supplement No. 95 [June 2011]                             The Law Relating to Social Security         4.3639
SI 2011/1024       SOCIAL SECURITY MESOTHELIOMA LUMP SUM PAYMENTS
                   (CONDITIONS AND AMOUNTS) (AMENDMENT) REGULATIONS 2011


                                                EXPLANATORY NOTE

                                        (This note is not part of the Regulations)

                     These Regulations amend the Schedule to the Mesothelioma Lump Sum Payments
                   (Conditions and Amounts) Regulations 2008 by substituting revised tables of lump
                   sum payments payable to people with mesothelioma or to their dependants.
                     A full impact assessment has not been published for this instrument as it has no
                   impact on the private sector or civil society organisations.




4.3640 (–4.3670)   Supplement No. 95 [June 2011]                  The Law Relating to Social Security
PNEUMOCONIOSIS ETC. (WORKERS’ COMPENSATION) (PRESCRIBED                                    SI 2007/2000
OCCUPATIONS) ORDER 2007


                              EXPLANATORY NOTE

                         (This note is not part of the Order)

  Under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (“the Act”) lump
sum payments may be made to certain persons disabled by a disease to which the Act
applies, or to dependants of persons who were so disabled before they died.
   One of the prerequisites for making a payment under the Act is that every relevant
employer of a person disabled by a disease to which the Act applies must have ceased
to carry on business. A “relevant employer” is a person by whom the disabled person
was employed in a prescribed occupation during the time that he was developing the
disease, and against whom he might have or might have had a claim for damages in
respect of the disablement. This Order lists the occupations prescribed for the purposes
of each disease to which the Act applies.
  A full regulatory impact assessment has not been produced for this instrument as it
has no impact on the costs of business, charities and voluntary bodies.




Supplement No. 95 [June 2011]                   The Law Relating to Social Security              4.4657
4.4658 (–4.5000)   Supplement No. 95 [June 2011]   The Law Relating to Social Security
WORKMEN’S COMPENSATION (SUPPLEMENTATION)                                                                     SI 1982/1489
SCHEME
                                                                                                                   Arts. 4-5
Major incapacity allowances under scheme
   4.—(1) Subject to the following provisions of this scheme, a major incapacity
                                                                                                   1
allowance shall be payable out of 1money provided by Parliament to a person who                     Words substituted in
                                                                                                   art. 4(1) by art. 2(2)(a)
is or has since 5th July 1956 been entitled to weekly payments by way of workmen’s                 of S.I. 1990/2538 as
compensation–                                                                                      from 9.1.91.
     (a) in respect of any injury or disease other than pneumoconiosis or byssinosis
          if he is as a result of that injury or disease totally incapable of work and
          likely to remain so for a considerable period; or
     (b) in respect of pneumoconiosis if he is certified under a compensation
          scheme or is determined in accordance with article 14 of this scheme, to
          be totally disabled; or
     (c) in respect of byssinosis; or
     (d) in respect of 2 or more injuries or diseases such as are mentioned in the 3
          foregoing sub-paragraphs, if he is as the joint result of those injuries or
          diseases totally incapable of work and likely to remain so for a considerable
          period;
so long as he is ordinarily resident in the United Kingdom.
  (2) The weekly rate of a major incapacity allowance payable to a person shall
be the corresponding disablement pension rate 2 .                                                  2
                                                                                                    Words deleted from art.
                        [Article 4(2), in the unamended form set out in square brackets below,     4(2) by art. 2(1)(a) of
                      continues to apply to people who before 6.4.87 had retired or were treated   S.I. 1987/419 as from
                      as retired (art. 2(2) of S.I. 1987/419).]                                    6.4.87, subject to saving
                                                                                                   for persons retired since
                        [(2)The weekly rate of a major incapacity allowance payable to             before 6.4.87 (art. 2(2)
                      a person shall be the corresponding disablement pension rate                 ibid.).
                      less the amount of any workmen’s compensation and less the
                      amount of any basic allowance payable to him for that week.]

   (3) For the purposes of this article an allowance payable by virtue of any
scheme under the 1951 Act in force immediately before 1st March 1966 shall be
treated as a weekly payment by way of workmen’s compensation.

Lesser incapacity allowances under scheme
   5.—(1) Subject to the following provisions of this scheme, a lesser incapacity
allowance shall be payable out of 3money provided by Parliament to a person, not                   3
                                                                                                    Words substituted in
being a person entitled to a major incapacity allowance, who was immediately before                art. 5(1) by art. 2(2)(a)
1st March 1966 receiving an allowance payable by virtue of a scheme under the 1951 Act             of S.I. 1990/2538 as
                                                                                                   from 9.1.91.
in force at that time, or who is or has since the commencement of the 1965 Act been
entitled or may be expected to be entitled to a basic allowance or to weekly payments
by way of workmen’s compensation, other than notional payments, for any period
during which he is either totally or partially incapable of work as a result of the
relevant injury or disease, and is ordinarily resident in the United Kingdom.
  (2) In any case where the lesser incapacity allowance awarded to a beneficiary was,
immediately before 413th April 2011 , of an amount which is shown in the first                     4
                                                                                                    Date substituted in art.
column of Part I of Schedule 1 hereto, the rate of lesser incapacity allowance thereafter          5(2) by art. 2 of S.I.
                                                                                                   2011/868 as from
shall be the corresponding amount set out in the second column thereof.                            13.4.11.
   (3) In a case to which article 5(2) of this scheme does not apply and subject to the
provisions of the next succeeding paragraph, the weekly rate of a lesser incapacity
allowance payable to a person shall be determined by reference to the loss of earnings
(ascertained in accordance with the provisions of article 7 (suffered by that person due
to the relevant injury or disease; and where the loss of earnings, ascertained as aforesaid,
is of an amount shown in the first column of Part II of Schedule 1 hereto, shall be the
rate opposite thereto in the second column of that Part and where such loss of earnings
is of an amount (not less than 5 pence) not so shown, shall be the rate in the said
column opposite to the next larger amount which is so shown.




Supplement No. 95 [June 2011]                      The Law Relating to Social Security                               4.5007
SI 1982/1489                 WORKMEN’S COMPENSATION (SUPPLEMENTATION)
                             SCHEME
Arts. 5-6


                               (4) For the purposes of this article:–
                                 (a) where the loss of earnings, ascertained as aforesaid, is in excess of the largest
                                     amount shown in the said first column, the weekly rate of lesser incapacity
                                     allowance shall be the rate in the second column opposite to such largest
                                     amount;
                                 (b) the weekly rate of lesser incapacity allowance payable to any person shall be
                                     reduced by the amount of any workmen’s compensation payable to him for
                                     that week in excess of £2.00.
                               (5) In this article the expression “notional payment” means a payment by way of
                             workmen’s compensation awarded or paid for the purpose of safeguarding a potential
                             entitlement to compensation and not related to any existing loss of earnings.
                               (6) For the purpose of this article a weekly payment by way of workmen’s
                             compensation made to a person shall be deemed to be a notional payment if–
                                 (a) the amount of such weekly payment is less than 2½ pence; or
                                 (b) during the period of 12 months immediately preceding 30th November 1965
                                      either–
                                      (i) no weekly payments by way of such compensation were made to that
                                          person; or
                                     (ii) any such weekly payments made to him were of an amount less than 2½
                                          pence;
                                      unless that person proves that such weekly payment is not a notional payment.

                             Amount of workmen’s compensation
                                6.—(1) Subject to the following provisions of this article, any reference in articles
1
 Ref. in art. 6(1) to art.   2 1 and 5 to the amount of a person’s workmen’s compensation shall be taken as
4 deleted by art. 2(1)(b)    referring to the amount (if any) of the weekly payments to which for the time being he
of S.I. 1987/419 as          is, or would but for the determination of his right be, entitled in respect of the relevant
from 6.4.97, subject to
saving for persons
                             injury or disease.
retired since before
6.4.87 (art. 2(2) ibid.).
                               (2) For the purposes of paragraph (1) of this article:–
                                 (a) where in fixing the amount of those weekly payments under the provisions
                                     relating thereto regard was had to any payment, allowance or benefit which
                                     he might receive during the period of this incapacity from the person liable
                                     for the compensation and the amount is shown to have been reduced in
                                     consequence, the amount of those weekly payments shall for the purposes of
                                     this article be taken to be the reduced amount so fixed with the addition of
                                     the amount of the reduction;
                                 (b) where the amount to those weekly payments has not been fixed under the
                                     provisions relating thereto, it shall be fixed for the purpose of this article
                                     without regard to any such payment, allowance or benefit as aforesaid;
                                 (c) where an allowance or allowances under this scheme would, apart from the
                                     provisions of this sub-paragraph, be payable or be payable at a
                                     higher rate by reason of the amount of those weekly payments, fixed under
                                     the provisions relating thereto, not being the amount which ought reasonable
                                     and properly to be so fixed, the amount of those weekly payments shall, for
                                     the purposes of this article, be taken to be such as ought reasonable and
                                     properly to be so fixed, having regard to the rules for calculating such weekly
                                     payments under the provisions relating to his workmen’s compensation.




4.5008                       Supplement No. 95 [June 2011]                     The Law Relating to Social Security
WORKMEN’S COMPENSATION (SUPPLEMENTATION)                                                                        SI 1982/1489
SCHEME
                                                                                                                     Arts. 6–7

   (3) Where a person is or since the commencement of the 19512 Act has been entitled
to payments under the Workmen’s Compensation (War Addition) Acts
1917 and 1919(a) but had before that commencement ceased to be entitled to
any other weekly payments by way of workmen’s compensation in respect of the
relevant injury or disease, the amount of his workmen’s compensation shall for the
purposes of articles 2 1 and 5 be calculated as if he had not ceased to be entitled to                1
                                                                                                       References to art. 4
such other payments.                                                                                  deleted from paras. (3),
                                                                                                      (4) and (5) by art.
  (4) Where a person is or since the commencement of the 1965 Act has been entitled                   2(1)(b) of S.I. 1987/419
                                                                                                      as from 6.4.87, subject
to payments under the Workmen’s Compensation (Supplementary Allowances) Act                           to saving for persons
1940(b), as amended by the Workmen’s Compensation (Temporary Increases) Act                           retired since before
1943(c), but had before that date ceased to be entitled to any other weekly payments                  6.4.87 (art. 2(2) ibid).
by way of workmen’s compensation in respect of the relevant injury or disease, the
amount of his workmen’s compensation shall for the purposes of article 1 5 be
calculated as if he had not ceased to be entitled to such other payments.
   (5) Where by reason of the seasonal mature of a person’s employment, or for any
other cause, weekly payments by way of workmen’s compensation were not made to
that person at the same rate for each week during the 12 months preceding the making
of a claim for, or an application for 2revision or supersession of a decision as to, an               2
                                                                                                       Word substituted in art.
allowance, the amount of that person’s workmen’s compensation shall for the purposes                  6(5) by Sch. 6, para. 2
of articles 2 1 and 5 be calculated or estimated in such manner and on such basis as                  to S.I. 1999/1958 as
                                                                                                      from 5.7.99.
may be appropriate, having regard to all the circumstances of the case.

Computation of loss of earnings
   7.—(1) For the purposes of section 2(6)(a) of the Act and of this scheme the amount
representing a person’s loss of earnings due to the relevant injury or disease shall,
subject to the provisions or article 10(3) and of paragraph (5) of this article be ascertained
by comparing the standard of remuneration obtaining during the period of 12 months,
or such shorter period as the appropriate determining authority may determine, ending
with the day on which that person makes a claim for an allowance, in the class of
employment in which he was employed at the time when the accident happened with
the amount which he was earning or able to earn during the said period in some
suitable employment or business.
   *(2) Where the amount representing a person’s loss of earnings has been ascertained
in accordance with paragraph (1) of this article and the period taken into account for
that purpose was 3 months or less, a final calculation of that person’s loss of earnings
shall be made 6 months after the date on which the claim was made for the purpose of
comparing the standard of remuneration obtaining during that later period in the class
of employment in which he was employed at the time when the accident happened or
the disease developed with the amount which he was earning or able to earn during the
said period in some suitable employment or business.
                          *See art. 4 of S.I. 2011/868 for details of modifications to art. 7(2) as
                          from 13.4.11.

   (3) In assessing, the relation to any person, the standard of remuneration in any class of
employment, regard shall be had to that person’s reasonable prospects of advancement
and the class of employment in which he was employed at the time when the accident
happened shall be treated, for this purpose, as extending to and including employment
in the capacities to which persons so employed are, in the normal course, advanced
and to which, if he had continued to be so employed without the accident having
happened, he would have had at least the normal prospects of advancement.




( a ) 1917 c.42; 1919 c.83.
(b) 1940 c.47.
( c ) 1943 c.49.


Supplement No. 95 [June 2011]                         The Law Relating to Social Security                              4.5009
SI 1982/1489       WORKMEN’S COMPENSATION (SUPPLEMENTATION)
                   SCHEME
Arts. 7–9

                     (4) Notwithstanding the provisions of paragraphs (1) and (2) of this article, in
                   any case where lesser incapacity allowance was in payment to a person before 15th
                   November 1976 and that allowance is based on a computation of the loss of earnings
                   due to the relevant injury or disease at a certain amount, that amount shall continue to
                   represent that person’s loss of earnings for the purposes of this scheme.
                     (5) In ascertaining the amount representing a person’s weekly loss of earnings under
                   paragraph (1) of this article–
                       (a) where the class of employment in which he was employed at the time when
                            the accident happened has ceased to exist or cannot be related to the wage
                            structure obtaining from time to time in the industry in which he was
                            employed at that time, the standard of remuneration shall be taken to be such
                            as is appropriate, having regard to all the circumstances of the case;
                       (b) in a case of disease, where a person proves that he left any class of
                            employment as a result of the relevant disease before the date which was
                            treated as his date of disablement from that disease for the purposes of the
                            Acts relating to workmen’s compensation, then any class of employment
                            which he so left may be treated as the class of employment
                            in which he was employed on the said date of disablement if it would have
                            been so treated had the said date of disablement fallen immediately before
                            he left that class of employment;
                       (c) the reference to the amount which a person was earning or able to earn in
                            some suitable employment or business shall be taken as referring to such
                            amount as that person would have been able to earn but for the supervening
                            effects of an injury or disease other than the relevant injury or disease, or of
                            physical or mental infirmity due to old age or of that person’s retirement
                            from any such employment or business;
                       (d) the amount which represents a person’s weekly loss of earnings under
                            paragraph (1) of this article may be determined without having regard
                            to the rules for calculating the weekly payments in the case of partial
                            incapacity under the provisions relating to his workmen’s compen-
                            sation.

                   Corresponding payments under Northern Ireland legislation
                     8. Subject to the provisions of any reciprocal arrangements made by the Secretary
                   of State under section 13 of the Act–
                        (a) a basic allowance shall not be payable to a person in respect of the relevant
                             injury or disease for any period during which he is entitled
                             under any legislation of Northern Ireland to any payment corresponding to a
                             basic allowance in respect of the said injury or disease; and
                        (b) a major incapacity allowance shall not be payable to a person for any period
                             during which he is entitled under any legislation of Northern Ireland to any
                             payment corresponding to a major incapacity allowance; and
                        (c) a lesser incapacity allowance shall not be payable to a person for any period
                             during which he is entitled under any legislation of Northern Ireland to any
                             payment corresponding to a major incapacity allowance or to a lesser
                             incapacity allowance.

                   Allowances payable to beneficiaries who have ceased to be ordinarily resident in the
                   United Kingdom
                      9. Where a beneficiary ceases to be ordinarily resident in the United
                   Kingdom he shall not by reason of that fact cease to be entitled to allowances under
                   this scheme–
                        (a) Where an application for a reference to a medical referee has been made and
                            the medical referee certifies in accordance with paragraph 18 of



4.5010 (–4.5060)   Supplement No. 95 [June 2011]                    The Law Relating to Social Security
WORKMEN’S COMPENSATION (SUPPLEMENTATION)                                                    SI 1982/1489
SCHEME
                                                                                              Arts. 37-39

Breach of requirements of scheme
   37. If any person contravenes or fails to comply with any requirement of
article 16 or 19 of this scheme he shall for such offence be liable on summary conviction
to a penalty not exceeding £10.

Service by post
   38. Any notice or other document required or authorised to be given or sent
to any person under the provisions of this scheme may be sent by post to that person
at his ordinary or last known address.

Revocation of earlier schemes
  39. The schemes specified in column 1 of Schedule 3 hereto are, subject to
the transitional provisions contained in Part VII of this scheme, hereby revoked to the
extent mentioned in column 3; and nothing in the said Part VII shall be
taken as restricting the general application of sections 16 and 17 of the Interpretation
Act 1978(a) with regard to the effect of these revocations.



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



                                                                         Hugh Rossi
                                                                    Minister of State,
1st October 1982                             Department of Health and Social Security



We consent.



                                                                 Robert Boscawen
                                                                         J.A. Cope
19th October 1982         Two of the Lords Commissioners of Her Majesty’s Treasury




( a ) 1978 c. 30.


Supplement No. 95 [June 2011]                    The Law Relating to Social Security              4.5119
SI 1982/1489              WORKMEN’S COMPENSATION (SUPPLEMENTATION)
                          SCHEME
Sch. 1

1
 Sch. 1 substituted by                                         1
art. 3 of S.I. 2011/868
                                                                   SCHEDULE 1                                   Article 5
as from 13.4.11.
                                                                     PART 1

                              TABLE OF RATES OF LESSER INCAPACITY ALLOWANCE FOR BENEFICIARIES TO
                                                           WHOM ARTICLE 5(2) APPLIES


                          Rate of lesser incapacity                                 Rate of lesser incapacity
                          allowance from 14th April 2010                            allowance from 13th April 2011
                          to 12th April 2011
                          £                                                         £

                           4.45                                                      4.60
                          12.10                                                     12.50
                          20.30                                                     20.95
                          29.45                                                     30.35
                          42.35                                                     43.65
                          53.90                                                     55.55


                                                                     PART 2

                          TABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY
                                                                    ALLOWANCE


                          Loss of earnings                                          Rate of lesser incapacity
                                                                                    allowance
                          £                                                         £

                          15.05                                                      4.60
                          33.00                                                     12.50
                          51.15                                                     20.95
                          60.30                                                     30.35
                          73.60                                                     43.65
                          Over 73.60                                                55.55




4.5120                    Supplement No. 95 [June 2011]                       The Law Relating to Social Security
SOCIAL SECURITY WORKMEN’S COMPENSATION                                               SI 2010/916
(SUPPLEMENTATION) (AMENDMENT) SCHEME 2010

                            EXPLANATORY NOTE

                       (This note is not part of the Scheme)

  This Scheme amends the Workmen’s Compensation (Supplementation) Scheme 1982
(S.I. 1982/1489) by making adjustments to the rate of lesser incapacity allowance.
This is consequential upon the increase in the maximum rate of that allowance made
by the Social Security Benefits Up-rating Order 2010 (S.I. 2010/793).
  The Scheme also makes transitional provision.
  A full impact assessment has not been produced for this instrument as it has no
impact on the private or voluntary sectors.




Supplement No. 95 [June 2011]                  The Law Relating to Social Security        4.5415
4.5416 (–4.5420)   Supplement No. 95 [June 2011]   The Law Relating to Social Security
SOCIAL SECURITY (WORKMEN’S COMPENSATION                                                         SI 2011/868
(SUPPLEMENTATION) (AMENDMENT) SCHEME 2011                                                          Arts. 1-4

                                    2011 No. 868

                            SOCIAL SECURITY

    The Workmen’s Compensation (Supplementation)
             (Amendment) Scheme 2011

             Made      -   -    -    -                 17th March 2011
             Laid before Parliament                    22nd March 2011
             Coming into force -                         13th April 2011

The Secretary of State for Work and Pensions makes the following Scheme, with the
consent of the Treasury, in exercise of the powers conferred by paragraph 2 of Schedule
8 to the Social Security Contributions and Benefits Act 1992(a) and paragraph 1 of
Schedule 9 to the Social Security Administration Act 1992(b).

Citation, commencement and interpretation
  1.—(1) This Scheme may be cited as the Workmen’s Compensation
(Supplementation) (Amendment) Scheme 2011 and shall come into force on 13th
April 2011.
  (2) In this Scheme–
    “lesser incapacity allowance” means the allowance payable in accordance with
    article 5 of the principal Scheme;
    “the operative date” means 13th April 2011;
    “the principal Scheme” means the Workmen’s Compensation (Supplementation)
    Scheme 1982(c).
  [Articles 2 & 3 amend article 5 & Schedule 1of S.I. 1982/1489.]

Transitional Provision
   4.—(1) Where a beneficiary was, before the operative date, in receipt of lesser
incapacity allowance and the final calculation of loss of earnings required by article
7(2) of the principal Scheme had not been made in respect of the beneficiary by that
date, the beneficiary is treated as entitled, from that date, to an allowance at the same
rate as if the final calculation had been made before that date.
  (2) Where lesser incapacity allowance is payable in respect of a period before the
operative date and the claim for the allowance was either–
    (a) not made before the operative date and the allowance is awarded for a period
         beginning on or after that date at one of the rates shown in the second column
         of Part 2 of Schedule 1 to the principal Scheme (as amended by this scheme);
         or
    (b) made but not determined before the operative date,




( a ) 1992 c. 4. Paragraph 2(6)(c) of Schedule 8 was amended by S.I. 2010/ [S.I. number to be
      inserted].
(b) 1992 c. 5. Paragraph 1(6) of Schedule 9 was amended by section 86(1) of, and paragraph
      115 of Schedule 7 to, the Social Security Act 1998 (c. 14).
(c) S.I. 1982/1489; relevant amending instruments are S.I. 1990/2538, 2009/664 and 2010/916.


Supplement No. 95 [June 2011]                        The Law Relating to Social Security             4.5421
SI 2011/868   SOCIAL SECURITY (WORKMEN’S COMPENSATION
Art. 4        (SUPPLEMENTATION) (AMENDMENT) SCHEME 2011

              the rate payable in respect of the period before the operative date is that which would
              have been payable had the amendment to the principal Scheme made by article 3 of
              this Scheme not been made.
                (3) Where a lesser incapacity allowance has been awarded before the operative date
              and a question arises as to the weekly rate payable in consequence of this Scheme–
                  (a) the case shall be reconsidered in the light of the amendments made by, and
                       transitional provisions contained in, this Scheme; and
                  (b) the allowance continues to be payable at the weekly rate specified in the
                       award until the question has been determined in accordance with the
                       provisions of the principal Scheme.



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



                                                                                      C Grayling
                                                                                Minister of State,
              17th March 2011                                    Department of Work and Pensions




              We consent

                                                                              Angela Watkinson
                                                                              Michael Fabricant
              17th March 2011           Two of the Lords Commissioners of Her Majesty’s Treasury




4.5422        Supplement No. 95 [June 2011]                    The Law Relating to Social Security
SOCIAL SECURITY (WORKMEN’S COMPENSATION                                              SI 2011/868
(SUPPLEMENTATION) (AMENDMENT) SCHEME 2011

                            EXPLANATORY NOTE

                       (This note is not part of the Scheme)

  This Scheme amends the Workmen’s Compensation (Supplementation) Scheme 1982
(S.I. 1982/1489) by making adjustments to the rate of lesser incapacity allowance.
This is consequential upon the increase in the maximum rate of that allowance made
by the Social Security Benefits Up-rating Order 2011 (S.I. 2011/ [S.I number to be
inserted.]).
  The Scheme also makes transitional provision.
  A full impact assessment has not been published for this instrument as it has no
impact on the private sector or civil society organisations.




Supplement No. 95 [June 2011]                  The Law Relating to Social Security        4.5423
SI 2011/868        SOCIAL SECURITY (WORKMEN’S COMPENSATION
                   (SUPPLEMENTATION) (AMENDMENT) SCHEME 2011




4.5424 (–4.5522)   Supplement No. 95 [June 2011]   The Law Relating to Social Security
STATUTORY MATERNITY PAY (COMPENSATION OF                                                                   SI 1994/1882
EMPLOYERS) AND MISCELLANEOUS AMENDMENT REGULATIONS 1994
                                                                                                               Regs. 2-5

then the amount of his contributions payments for the qualifying tax year shall
be estimated in accordance with paragraph (3) but as if the amount of the contributions
payments falling in those months had fallen instead in the corresponding tax months
in the qualifying tax year.

Determination of the amount of additional payment to which a small employer
shall be entitled
  3. In respect of any payment of statutory maternity pay 1made in the tax                       1
                                                                                                   Words in reg. 3 inserted
year commencing 26th April 2011 , or in any subsequent tax year, a small                         by reg. 2(a) of S.I. 1995/
                                                                                                 566 as from 6.4.95.
employer shall be 3entitled to recover an additional amount being an amount equal                2
                                                                                                   Date and figure 4.5 per
to 23.0 per cent of such payment, that percentage being the total amount of                      cent substituted in reg. 3
secondary Class 1 contributions estimated by the Secretary of State as to be paid in             by reg. 2(a) & (b) of
respect of statutory maternity pay by all employers in that year, expressed as a percentage      S.I. 2011/725 as from
of the total amount of statutory maternity pay estimated by him to be paid by all                6.4.11.
                                                                                                 3
                                                                                                   Words substituted in
employers in that year.                                                                          reg. 3 by reg. 3 of S.I.
                                                                                                 2003/672 as from
 4
     Right of employers to prescribed amount                                                     6.4.03.
                                                                                                 4
                                                                                                   Reg. 4, 5 and 6
  4. An employer who has made, or is liable to make, any payment of statutory                    substituted by reg. 4 of
                                                                                                 S.I. 2003/672 as from
maternity pay shall be entitled to recover–                                                      6.4.03.
    (a) an amount equal to 92 per cent. of such payment; or
    (b) if he is a small employer–
         (i) an amount equal to such payment; and
        (ii) an additional amount under regulation 3;
in accordance with the provisions of these Regulations.

Application for advance funding from the Board
  5.—(1) If an employer is entitled to recover an amount determined in accordance
with regulation 4 in respect of statutory maternity pay which he is required to pay to
an employee or employees in any income tax month or income tax quarter and the
amount exceeds the aggregate of–
    (a) the total amount of tax which the employer is required to pay to the collector
         of taxes in respect of deductions from the emoluments of his employees in
         accordance with the Income Tax (Employments) Regulations 1993(a) for
         that income tax month or income tax quarter;
    (b) the total amount of deductions made by the employer from the emoluments
         of his employees for that income tax month or income tax quarter in
         accordance with regulations made under section 22(5) of the Teaching and
         Higher Education Act 1998(b) or section 73B of the Education (Scotland)
         Act 1980(c) or in accordance with Article 3(5) of the Education (Student
         Support) (Northern Ireland) Order 1988(d);
    (c) the total amount of contributions payments which the employer is required
         to pay to the collector of taxes in respect of the emoluments of his employees
         (whether by means of deduction or otherwise) in accordance with the
         Contributions Regulations for that income tax month or income tax quarter;
    (d) the total amount of payments which the employer is required to pay to the
         collector of taxes in respect of deductions made on account of tax from
         payments to sub-contractors in accordance with section 559 of the Income
         and Corporation Taxes Act 1988(e) for that income tax month or income tax
         quarter; and


(a)   S.I. 1993/744; the relevant amending instruments are S.I. 1993/2276, 2000/1152 and 2742.
(b)   1998 c. 30.
(c)   1980 c. 44.
(d)   S.I. 1998/1760 (N.I. 14).
(e)   1988 c. 1.


Supplement No. 95 [June 2011]                        The Law Relating to Social Security                           4.5525
SI 1994/1882               STATUTORY MATERNITY PAY (COMPENSATION OF
                           EMPLOYERS) AND MISCELLANEOUS AMENDMENT REGULATIONS 1994
Reg. 5-7

                                  (e) the statutory paternity pay, statutory adoption pay and statutory maternity
                                      pay which the employer is required to pay to his employees in that income
                                      tax month or income tax quarter,

                           the employer may apply to the Board in accordance with paragraph (2) for funds
                           (“advance funding”) to pay that excess (or so much of it as remains outstanding) to the
                           employee or employees.
                                (2) Where–
                                  (a) the conditions in paragraph (1) are satisfied; or
                                  (b) the employer considers that the conditions in paragraph (1) will be satisfied
                                      on the date of any subsequent payment of emoluments to one or more
                                      employees who are entitled to a payment of statutory maternity pay.

                           the employer may apply to the Board for advance funding on a form approved for that
                           purpose by the Board.
                              (3) An application by an employer under paragraph (2) shall be for an amount not
                           exceeding the amount of statutory maternity pay which the employer is entitled to
                           recover in accordance with regulation 4 and which he is required to pay to an employee
                           or employees for the income tax month or income tax quarter to which the payment of
                           emoluments relates.

                           Deductions from payments to the Board
                             6. An employer who is entitled to recover an amount under regulation 4 may do so
                           by making one or more deductions from the aggregate of the amounts specified in sub-
                           paragraphs (a) to (e) of regulation 5(1), except where and insofar as–
                               (a) those amounts relate to earnings paid before the beginning of the income tax
                                   month or income tax quarter in which the payment of statutory maternity
                                   pay was made;
                               (b) those amounts are paid by him later than six years after the tax year in which
                                   the payment of statutory maternity pay was made;
                               (c) the employer has received advance funding from the Board in accordance with
                                   an application under regulation 5; or
                               (d) the employer has made a request in writing under regulation 5 that the amount
                                   which he is entitled to recover under regulation 4 be paid to him and he has not
                                   received notification by the Board that such request is refused.

                           Payments to employers by the Board
                                6A. If, in an income tax month or an income tax quarter–
                                  (a) the total amount that the employer is entitled to deduct under regulation 6 is
                                        less than the amount which the employer is entitled to recover under
                                        regulation 4;
                                  (b) the Board is satisfied that this is so; and
                                  (c) the employer has so requested in writing,

                           the Board shall pay to the employer the sum that the employer is unable to deduct
                           under regulation 6.

                           Date when certain contributions are to be treated as paid
                              7. Where an employer has made a deduction from a contributions payment under
                            1
1
 Words substituted in         regulation 6 , the date on which it is to be treated as having been paid for the
reg. 7 by reg. 5 of S.I.   purposes of 1section 167(6) of the Contributions and Benefits Act (amount deducted
2003/672 as from           to be treated as paid and received towards discharging liability in respect of Class 1
6.4.03
                           contributions) is–


4.5526                     Supplement No. 95 [June 2011]                     The Law Relating to Social Security
STATUTORY MATERNITY PAY (COMPENSATION OF                                                                     SI 1994/1882
EMPLOYERS) AND MISCELLANEOUS AMENDMENT REGULATIONS 1994
                                                                                                                 Regs. 7-9

     (a) in a case where the deduction did not extinguish the contributions payment,
         the date on which the remainder of the contributions payment or, as the case
         may be, the first date on which any part of the remainder of the contributions
         payment was paid; and
     (b) in a case where the deduction extinguished the contributions payment, the
         14th day after the end of the income tax month during which there were paid
         the earnings in respect of which the contributions payment was payable.

 1
  Overpayments                                                                                      1
                                                                                                     Reg. 7A inserted by
                                                                                                    reg. 6 of S.I. 2003/672
   7A.—(1) Where advance funding has been provided to an employer in accordance                     as from 6.4.03.
with an application under regulation 5, the Board may recover any part of it not used
to pay statutory maternity pay (“the overpayment”).
  (2) An officer of the Board shall decide to the best of his judgement the amount of
the overpayment and shall give notice in writing of his decision to the employer.
   (3) A decision under paragraph (2) may be in respect of funding provided in
accordance with regulation 5 for one or more income tax months or income tax quarters
in a tax year–
     (a) in respect of one or more classes of employees specified in a decision notice
          (where a notice does not name any individual employee); or
     (b) in respect of one or more individual employees named in a decision notice.
  (4) Subject to paragraphs (5), (6) or (7), Part 6 of the Taxes Management Act 1970(a)
(collection and recovery) shall apply with any necessary modifications to a decision
under this regulation as if the amount specified were an assessment and as if the
amount set out in the notice were income tax charged on the employer.
  (5) Where a decision under paragraph (2) relates to more than one employee, proceedings
may be brought to recover the amount overpaid without distinguishing the sum to be
repaid in respect of each employee and without specifying the employee in question.
   (6) A decision to recover an amount made in accordance with this regulation shall give
rise to one cause of action or matter of complaint for the purpose of proceedings under
section 65, 66 or 67 of the Taxes Management Act 1970(b).
   (7) Nothing in paragraph (5) shall prevent separate proceedings being brought for the
recovery of any amount which the employer is liable to repay in respect of each employee
to whom the decision relates.

Revocation
  8. The Statutory Maternity Pay (Compensation of Employers) Regulations 1987(c)
are hereby revoked.

Amendment of regulation 3 of the Maternity Allowance Regulations
   9. In regulation 3(4) of the Maternity Allowance Regulations (modification
of the maternity allowance period) for head (ii) there shall be substituted the following
head–
        “(ii) where a woman is absent from work after the beginning of the 6th week
              before the expected week of confinement wholly or partly due to pregnancy

( a ) 1970 c. 9.
(b) Section 65 was amended by section 57(11) of the Finance Act 1984 (c. 43) and paragraph
      30 of Schedule 19 to the Finance Act 1998 (c. 36); section 66 was amended by section 67(2)
      of the Finance Act 1984 and the Schedule to S.I. 1991/724, and partly repealed by Part
      2(14) of Schedule 33 to the Finance Act 200 (c. 9); section 67 was amended by section 58 of
      the Finance Act 1976 (c. 14) and partly repealed by Schedule 15 to that Act, further
      amended by section 156 of the Finance Act 1994 and partly repealed by Part 2(14) of
      Schedule 33 to the Finance Act 2001.
( c ) S.I. 1987/91; the relevant amending instruments are S.I. 1988/430, 1991/641 and 1994/592.


Supplement No. 95 [June 2011]                        The Law Relating to Social Security                             4.5527
SI 1994/1882       STATUTORY MATERNITY PAY (COMPENSATION OF
                   EMPLOYERS) AND MISCELLANEOUS AMENDMENT REGULATIONS 1994
Reg. 9


                                or confinement, at the end of the 18th week following the week in which she
                                was so absent,”.


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



                                                                                                  Astor
                                                                 Parliamentary Under-Secretary of State,
                   14th July 1994                                        Department of Social Security




                                                 EXPLANATORY NOTE

                                         (This note is not part of the Regulations)

                     These Regulations provide for compensation of employers who have made
                   payments of statutory maternity pay under the Social Security Contributions and
                   Benefits Act 1992. They also contain a miscellaneous amendment to the Social
                   Security (Maternity Allowance) Regulations 1987 (“the maternity allowance
                   regulations”).
                     Regulation 2 defines the meaning of small employer for the purposes of the recovery
                   of statutory maternity pay.
                      Regulation 3 defines the additional payment which a small employer shall be entitled
                   to recover.
                     Regulation 4 sets out the payments which may be recovered by employers.
                     Regulation 5 provides that payments may be recovered by deductions from
                   Class 1 national insurance contributions.
                     Regulation 6 provides for payments to employers by the Secretary of State
                   where the total amount which the employer can deduct under the regulations exceeds
                   the amount he is liable to pay by way of Class 1 national insurance contributions.
                     Regulation 7 sets out the circumstances in which a deduction from
                   contributions payments may be treated as paid.
                     Regulation 8 revokes the Statutory Maternity Pay (Compensation of Employers)
                   Regulations 1987.
                      Regulations 1 to 8 are made under section 167 of the Social Security
                   Contributions and Benefits Act 1992. They do not, by virtue of paragraph 8 of
                   Schedule 7 to the Social Security Administration Act 1992, require prior submission
                   to the Social Security Advisory Committee and they have not been so referred.
                     Regulation 9 amends regulation 3 of the maternity allowance regulations to
                   amend the definition of maternity allowance period in respect of women claiming
                   maternity allowance after confinement.
                     An assessment of the compliance costs for employers has been made and a
                   copy has been placed in the libraries of both Houses of Parliament. Copies can be
                   obtained by post from the Department of Social Security, Room 06/11, Adelphi, 1-11
                   John Adam Street, London, WC2N 6HT.


4.5528 (–4.5560)   Supplement No. 95 [June 2011]                   The Law Relating to Social Security
SOCIAL SECURITY STATUTORY MATERNITY PAY (COMPENSATION                                                SI 2011/725
OF EMPLOYERS) AMENDMENT REGULATIONS 2011                                                                  Reg. 1

                                      2011 No. 725

                             SOCIAL SECURITY

   TERMS AND CONDITIONS OF EMPLOYMENT

      The Statutory Maternity Pay (Compensation of
        Employers) Amendment Regulations 2011

              Made      -    -    -    -                    9th March 2011
              Laid before Parliament                      14th March 2011
              Coming into force                               6th April 2011



The Secretary of State for Work and Pensions, in exercise of powers conferred by
sections 167(2)(b) and (4), 171(1) and 175(1) to (3) of the Social Security Contributions
and Benefits Act 1992(a), sections 163(2)(b) and (4) and 171(1), (3) and (10) of the
Social Security Contributions and Benefits (Northern Ireland) Act 1992(b) and with
the concurrence of the Commissioners for Her Majesty’s Revenue and Customs(c),
makes the following Regulations.

Citation, commencement and interpretation
  1.—(1) These Regulations may be cited as the Statutory Maternity Pay
(Compensation of Employers) Amendment Regulations 2011.
   (2) These Regulations shall come into force on 6th April 2011 and shall have effect
in relation to payments of statutory maternity pay made on or after that date.
  (3) In these Regulations–
    “the principal GB Regulations” means the Statutory Maternity Pay (Compensation
    of Employers) and Miscellaneous Amendment Regulations 1994(d);
    “the principal NI Regulations” means the Statutory Maternity Pay (Compensation
    of Employers) and Miscellaneous Amendment Regulations (Northern Ireland)
    1994(e).

( a ) 1992 c. 4; section 167(b) was substituted by section 21(1) of the Employment Act 2002 (c.
      22). Section 175(1) was amended by paragraph 41 of, and Schedule 8 to, the Social Security
      Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Section 171(1) is cited because
      of the meaning ascribed to the word “prescribed”.
(b) 1992 c. 7; section 163 was substituted by section 21(2) of the Employment Act 2002.
      Section 171(10) was substituted by paragraph 28(3) of, and Schedule 3 to, the Social
      Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999
      (S.I.1999/671).
(c) The functions of the Commissioners of Inland Revenue were transferred to the
      Commissioners for Revenue and Customs by section 5(2) of the Commissioners for Revenue
      and Customs Act 2005 (c. 11). Section 50(1) of that Act provides that a reference to the
      Commissioners of Inland Revenue, however expressed, shall be taken as a reference to the
      Commissioners for Her Majesty’s Revenue and Customs.
(d) S.I. 1994/1882; the relevant amending instruments are S.I. 1995/566, 1999/363 and 2002/
      225.
(e) S.R. 1994 No.271; the relevant amending instruments are S.R. 1995 No.74, S.I. 2002/225
      and 2003/672.


Supplement No. 95 [June 2011]                          The Law Relating to Social Security                4.5561
SI 2011/725   SOCIAL SECURITY STATUTORY MATERNITY PAY (COMPENSATION
              OF EMPLOYERS) AMENDMENT REGULATIONS 2011
Regs. 2-3

                [Regulation 2 amends regulation 3 of S.I. 1994/1882.]
                [Regulation 3 amends legislation outside the scope of these volumes.]



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



                                                                                   Maria Miller
                                                                   Minister for Disabled People,
              8th March 2011                                   Department for Work and Pensions




              The Commissioners for Her Majesty’s Revenue and Customs hereby concur.

                                                                                Steve Lamey.
                                                                              Dave Hartnett.
              9th March 2011 Two of the Commissioners for Her Majesty’s Revenue and Customs




4.5562        Supplement No. 95 [June 2011]                  The Law Relating to Social Security
SOCIAL SECURITY STATUTORY MATERNITY PAY (COMPENSATION                                      SI 2011/725
OF EMPLOYERS) AMENDMENT REGULATIONS 2011

                              EXPLANATORY NOTE

                      (This note is not part of the Regulations)

  These Regulations amend the Statutory Maternity Pay (Compensation of Employers)
and Miscellaneous Amendment Regulations 1994 (“the principal GB Regulations”)
and the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous
Amendment Regulations (Northern Ireland) 1994 (“the principal NI Regulations”).
  The principal GB Regulations and the principal NI Regulations enable an employer
to recover payments of statutory maternity pay and, if he is a small employer, an
additional amount in respect of such pay. Regulations 2(b) and 3(b) of these Regulations
reduce the additional amount from 4.5 per cent. to 3.0 per cent. of the payment of
statutory maternity pay in the principal GB Regulations and the principal NI
Regulations respectively. This reduction takes effect from 6th April 2011.
   As these Regulations are made under section 167(2)(b) and (4) of the Social Security
Contributions and Benefits Act 1992 and section 163(2)(b) and (4) of the Social Security
Contributions and Benefits (Northern Ireland) Act 1992, proposals to make them are
exempt from reference to the Social Security Advisory Committee in their application
to Great Britain by virtue of section 172(3) of, and paragraph 8 of Schedule 7 to, the
Social Security Administration Act 1992 (c. 5) and in their application to Northern
Ireland by virtue of section 149(3) of, and paragraph 8 of Schedule 5 to, the Social
Security Administration (Northern Ireland) Act 1992 (c. 8).
  These Regulations amend an existing regulatory regime by a pre-determined formula
and the associated administrative costs are negligible. Publication of a full impact
assessment is not considered necessary for such legislation.




Supplement No. 95 [June 2011]                     The Law Relating to Social Security           4.5563
4.5564 (–4.5700)   Supplement No. 95 [June 2011]   The Law Relating to Social Security
ADDITIONAL STATUTORY PATERNITY PAY (GENERAL) REGULATIONS                                               SI 2010/1056
2010
                                                                                                         Regs. 12-14

    (c) P intends to care for C during the additional statutory paternity pay period
        (adoption) in respect of C;
    (d) A has signed the declaration referred to in regulation 15(1)(c); and
    (e) P has complied with the requirements in regulation 15, including, where
        applicable, the requirements in regulation 15(3).
  (2) The conditions referred to in paragraph (1)(a)(i) are that–
    (a) P is married to, or is the civil partner or the partner of, A; and
    (b) P has been matched with C for adoption.
  (3) The conditions referred to in paragraph (1)(a)(ii) are that–
    (a) P has been in employed earner’s employment with an employer for a
        continuous period of at least 26 weeks ending with the relevant week;
    (b) P's normal weekly earnings for the period of eight weeks ending with the
        relevant week are not less than the lower earnings limit in force under section
        5(1)(a) of the Act at the end of the relevant week; and
    (c) P continues in employed earner’s employment with the employer by reference
        to whom the condition in sub-paragraph (a) is satisfied for a continuous
        period beginning with the relevant week and ending with the week before
        the additional statutory paternity pay period (adoption) in respect of C begins.
  (4) The references in paragraph (3) to the relevant week are to the week in which P
was notified of having been matched with C.

Conditions to be satisfied by the child’s adopter
  13. The conditions referred to in regulation 12(1)(b) are that A–
    (a) became entitled, by reference to the adoption of C, to statutory adoption
        pay;
    (b) has taken action constituting a return to work within the meaning of
        regulation 19;
    (c) has taken the action referred to in paragraph (b) not less than two weeks after
        the date C was placed for adoption with A; and
    (d) has at least two weeks of their adoption pay period which remain unexpired.

Additional statutory paternity pay period (adoption)
  14.—(1) For the purposes of section 171ZEE(2)(a) of the Act, the date on which the
additional statutory paternity pay period (adoption) in respect of C begins is–
     (a) the date specified by P in accordance with regulation 15(2)(d) or last varied
         in accordance with regulation 15(6); or
    (b) if later, the date of A’s taking action constituting a return to work within the
         meaning of regulation 19,
                                                                     1
being, in either case, a date which falls no earlier than 20 weeks       after the date on   1
                                                                                              Word in reg. 14(1)
which C was placed for adoption.                                                             substituted by reg. 2 of
                                                                                             S.I. 2011/678 as from
  (2) For the purposes of section 171ZEE(2)(b)(ii) of the Act, the date on which the         1.4.11
additional statutory paternity pay period (adoption) in respect of C ends is the date
specified by P in accordance with regulation 15(2)(e) or last varied in accordance with
regulation 15(6).
  (3) For the purposes of section 171ZEE(4)(a) of the Act, the additional statutory
paternity pay period (adoption) in respect of C shall not last longer than 26 weeks.
  (4) This paragraph applies instead of paragraph (2) where–
    (a) A dies after the beginning but before the end of the additional statutory
        paternity pay period (adoption) in respect of C; and



Supplement No. 95 [June 2011]                     The Law Relating to Social Security                          4.6555
SI 2010/1056       ADDITIONAL STATUTORY PATERNITY PAY (GENERAL) REGULATIONS
                   2010
Regs. 14-15

                       (b) as soon as reasonably practicable after A’s death, P gives the person paying P
                           additional statutory paternity pay (adoption) notice in writing of A’s death.
                     (5) Where paragraph (4) applies, the date on which the additional statutory paternity
                   pay period (adoption) in respect of C ends is the date–
                       (a) on which the adoption pay period in respect of C, which would have applied
                            but for A’s death, would have ended; or
                       (b) if earlier, such date which, for the purposes of section 171ZEE(2)(b)(ii) of the
                            Act, P may specify in the notice given under paragraph (4)(b).

                   Application for, and evidence of entitlement to, additional statutory paternity pay
                   (adoption)
                     15.—(1) P shall apply for additional statutory paternity pay (adoption) to the person
                   (“E”) who will be liable to pay P such pay by providing to E–
                       (a) the information, in writing, specified in paragraph (2);
                       (b) a written declaration, signed by P–
                             (i) that that information is correct;
                            (ii) that P intends to care for C during the additional statutory paternity pay
                                 period (adoption) in respect of C; and
                           (iii) that P meets the conditions in regulation 12(2);
                       (c) a written declaration, signed by A–
                             (i) that they have given notice to their employer that they are returning to
                                 work;
                            (ii) that they satisfy the condition in regulation 13(a);
                           (iii) specifying their name, address and National Insurance Number;
                           (iv) specifying the start date of their adoption pay period in respect of C;
                            (v) specifying the date on which they intend to return to work;
                           (vi) confirming that, in relation to C, P is, to A’s knowledge, the sole applicant
                                 for additional statutory paternity pay; and
                          (vii) providing A’s consent as regards the processing by E of the information
                                 provided pursuant to paragraphs (i) to (vi).
                     (2) The information referred to in paragraph (1)(a) is as follows–
                       (a) P’s name;
                       (b) the date on which P was notified that they had been matched with C;
                       (c) the date of C’s placement for adoption;
                       (d) the date on which P expects that E’s liability to pay additional statutory
                           paternity pay (adoption) will begin; and
                       (e) the date on which P expects that E’s liability to pay additional statutory
                           paternity pay (adoption) will end.
                     (3) P shall also provide, if E so requests within 28 days of receiving the information
                   and declarations referred to in paragraph (1)–
                       (a) evidence, in the form of one or more documents issued by the adoption
                             agency that matched P with C, of–
                             (i) the name and address of the agency;
                            (ii) the date on which P was notified that they had been matched with C; and
                           (iii) the date on which the agency was expecting to place C with A and P; and
                       (b) the name and business address of A’s employer (or, if A is self-employed, A’s
                             business address).
                      (4) The information and declarations referred to in paragraph (1) must be provided
                   to E at least eight weeks before the date specified by P pursuant to paragraph (2)(d).



4.6556 (–4.6560)   Supplement No. 95 [June 2011]                      The Law Relating to Social Security
ADDITIONAL STATUTORY PATERNITY PAY (ADOPTIONS FROM                                       SI 2010/1057
OVERSEAS) REGULATIONS 2010
                                                                                          Regs. 11-12

    (b) for whom that person worked in the week in which the adopter of a child from
        overseas received the relevant official notification.
  (2) In this regulation “statutory pay week” means a week that person has chosen in
respect of which additional statutory paternity pay (adoption) shall be payable.

Return to work
  12. For the purposes of these Regulations, an adopter entitled to statutory adoption
pay is treated as returning to work if that payment is not payable to that person in
accordance with section 171ZN(3) or (5) of the Act.



                                                                    Pat McFadden
                                       Minister for Business, Innovation and Skills
6th April 2010                       Department for Business, Innovation and Skills



The Commissioners for Her Majesty’s Revenue and Customs concur



                                                                 Melanie Dawes
                                                                    Steve Lamey
6th April 2010   Two of the Commissioners for Her Majesty’s Revenue and Customs




Supplement No. 95 [June 2011]                   The Law Relating to Social Security            4.6615
SI 2010/1057       ADDITIONAL STATUTORY PATERNITY PAY (ADOPTIONS FROM
                   OVERSEAS) REGULATIONS 2010


                                                 EXPLANATORY NOTE

                                         (This note is not part of the Regulations)

                     These Regulations, made under provisions inserted into the Social Security
                   Contributions and Benefits Act 1992 (c. 4) (“the 1992 Act”) by the Work and Families
                   Act 2006 (c. 18), make provision relating to additional statutory paternity pay in
                   respect of adoptions from overseas. An adoption from overseas is defined in the
                   Regulations as an adoption of a child who enters Great Britain from outside the United
                   Kingdom in connection with or for the purposes of adoption which does not involve
                   the placement of the child for adoption under the law of any part of the United
                   Kingdom.
                      These Regulations should be read in conjunction with the Social Security
                   Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions
                   from Overseas) Regulations 2003 (S.I. 2003/499), which provide for the provisions of
                   Part 12ZA of the 1992 Act to have effect, with prescribed modifications, in relation to
                   cases which involve adoption, but not the placement of a child for adoption under the
                   law of any part of the United Kingdom.
                     Regulation 3 sets out the extent to which and the manner in which the Additional
                   Statutory Paternity Pay (General) Regulations 2010 apply to adoptions from overseas.
                      Regulation 4 is an application provision: there is an entitlement to additional
                   statutory paternity pay where the relevant provisions of Part 12ZA of the 1992 Act (as
                   modified) and the provisions of the Regulations are satisfied.
                      Regulation 5(2) sets out the conditions regarding relationship with a child and the
                   adopter (which where two people are adopting together is the person who will be
                   taking adoption leave in respect of the child) which the applicant for additional
                   statutory paternity pay must satisfy in order for his or her entitlement to arise.
                   Regulation 5(3) sets out the conditions which the applicant must satisfy as regards
                   employment before the expected week of the child’s entry into Great Britain and
                   employment in the period immediately preceding the period in respect of which
                   additional statutory paternity pay will be payable. Regulation 6 sets out conditions
                   which the adopter must satisfy and these include the requirement that he or she has
                   returned to work. Regulation 7 concerns the period in respect of which additional
                   statutory paternity pay is payable. In broad terms (and subject to various conditions
                   set out in regulation 7 and at section 171ZEE of the 1992 Act, as modified), the
                   applicant may choose the dates on which this period is to begin and end. Regulation
                   8 provides for the process of applying for additional statutory paternity pay and sets
                   out various requirements as to information and evidence which the applicant must
                   provide to his or her employer.
                      Provision is also made for the payment of additional statutory paternity pay in
                   connection with the adoption of a child from overseas where the adopter dies.
                   Regulation 7(4) and (5) applies to a case in which the adopter dies after the beginning
                   of the period in respect of which additional statutory paternity pay is payable. It
                   allows for a longer period in many such cases. Regulations 9 and 10 concern cases
                   where the period in respect of which additional statutory paternity pay is payable has
                   not already commenced when the adopter dies. Regulation 9 concerns the various
                   conditions which must be satisfied by the applicant in such circumstances and, also,
                   the different pay period which will invariably apply in such cases.
                      Regulation 11 provides for the exceptional circumstances in which additional
                   statutory paternity pay (in connection with the adoption of a child from overseas) will
                   be payable to a person even though he is working, albeit for another employer.
                   Regulation 12 sets out what is meant by an adopter’s “returning to work”.
                     A full impact assessment has not been produced for this instrument as a negligible
                   impact on the private or voluntary sectors is foreseen.



4.6616 (–4.6630)   Supplement No. 95 [June 2011]                    The Law Relating to Social Security
ADDITIONAL STATUTORY PATERNITY PAY (GENERAL) (AMENDMENT)                                              SI 2011/678
REGULATIONS 2011
                                                                                                        Regs. 1-2



                                      2011 No. 678

   TERMS AND CONDITIONS OF EMPLOYMENT

     The Additional Statutory Paternity Pay (General)
            (Amendment) Regulations 2011

              Made      -    -    -    -                     7th March 2011
              Laid before Parliament                         9th March 2011
              Coming into force -                              1st April 2011

The Secretary of State makes the following Regulations in exercise of the power
conferred by section 171ZEE(2) of the Social Security Contributions and Benefits Act
1992(a) and after agreement by the Social Security Advisory Committee that the
proposals in respect of these Regulations shall not be referred to it(b).

Citation and commencement
  1. These Regulations may be cited as the Additional Statutory Paternity Pay
(General) (Amendment) Regulations 2011 and shall come into force on 1st April 2011.
  [Regulation 2 amends regulation 14 of S.I. 2010/1056.]



                                                                     Edward Davey
                      Minister for Employment Relations, Consumer and Postal Affairs
7th March 2011                        Department for Business, Innovation and Skills




( a ) 1992 c. 4. Part 12ZA was inserted by section 2 of the Employment Act 2002 (c. 22). Section
      171ZEE was inserted into Part 12ZA by section 10 of the Work and Families Act 2006
      (c.18).
(b) 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. The
      proposals in respect of these Regulations would otherwise be referable to that Committee by
      virtue of section 172(1) of that Act.


Supplement No. 95 [June 2011]                           The Law Relating to Social Security                4.6631
                                                  EXPLANATORY NOTE

                                         (This note is not part of the Regulations)

                      These Regulations, issued free of charge, amend the Additional Statutory Paternity
                   Pay (General) Regulations 2010 (“the Principal Regulations”) to correct a drafting
                   error in regulation 14 of those Regulations. The error concerns the date of the beginning
                   of the additional statutory paternity pay period (adoption).
                     An impact assessment has not been prepared for these Regulations since they have
                   the same effect on the costs to business and the voluntary sector as the Principal
                   Regulations. A copy of the impact assessment for the Principal Regulations is available
                   from the BIS website (www.bis.gov.uk) and is published with the Explanatory
                   Memorandum alongside the principal Regulations on www.legislation.gov.uk.




4.6632 (–4.6650)   Supplement No. 95 [June 2011]                     The Law Relating to Social Security
                                             Page Check-List
VOLUME 4: SUPPLEMENT No. 95

I.I. means Initial Issue                                                   Supp. means Supplement No.

The up-to-date issue for each page in this volume is as follows

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4.3891 - 4.3892             Supp. 48    4.5063 - 4.5118        Supp. 48     4.6849 - 4.6850      Supp. 85
4.3893 - 4.3894             Supp. 60    4.5119 - 4.5120        Supp. 95     4.6851 - 4.6894      Supp. 84
4.3895 - 4.3928             Supp. 75    4.5121 - 4.5122        Supp. 48     4.6895 - 4.6896      Supp. 71
4.3929 - 4.3930             Supp. 52    4.5123 - 4.5358        Supp. 89     4.6897 - 4.6910      Supp. 43
4.3931 - 4.3940             Supp. 48    4.5359 - 4.5360        Supp. 31     4.6911 - 4.7000      Supp. 84
4.3941 - 4.3942             Supp. 79    4.5361 - 4.5364        Supp. 39     4.7001 - 4.7100      Supp. 39
4.3943 - 4.3944             Supp. 65    4.5365 - 4.5368        Supp. 43     4.7101 - 4.7150      Supp. 92
4.3945 - 4.3952             Supp. 80    4.5369 - 4.5376        Supp. 55     4.7151 - 4.7152      Supp. 55
4.3953 - 4.3954             Supp. 88    4.5377 - 4.5384        Supp. 47     4.7153 - 4.7200      Supp. 39
4.3955 - 4.3956             Supp. 79    4.5385 - 4.5390        Supp. 51     4.7201 - 4.7270      Supp. 60
4.3957 - 4.3978             Supp. 68    4.5391 - 4.5392        Supp. 55     4.7271 - 4.7272      Supp. 55
4.3979 - 4.3982             Supp. 75    4.5393 - 4.5394        Supp. 59     4.7273 - 4.7274      Supp. 35
4.3983 - 4.3984             Supp. 70    4.5395 - 4.5396        Supp. 63     4.7275 - 4.7358      Supp. 39
4.3985 - 4.3986             Supp. 82    4.5397 - 4.5398        Supp. 67     4.7359 - 4.7360      Supp. 31
4.3987 - 4.3998             Supp. 84    4.5399 - 4.5400        Supp. 75     4.7361 - 4.7800      Supp. 47



Supplement No. 95 [June 2011]                   The Law Relating to Social Security           4.9991
                                             Page Check-List
VOLUME 4: SUPPLEMENT No. 95

I.I. means Initial Issue                                                 Supp. means Supplement No.

The up-to-date issue for each page in this volume is as follows

 Pages                     up-to-date   Pages               up-to-date   Pages                up-to-date
                           issue                            issue                             issue

4.7801 - 4.7802             Supp. 74
4.7803 - 4.7804             Supp. 49
4.7805 - 4.7822             Supp. 60
4.7823 - 4.7880             Supp. 82
4.7881 - 4.7882             Supp. 36
4.7883 - 4.7884             Supp. 55
4.7885 - 4.7886             Supp. 76
4.7887 - 4.7888             Supp. 85
4.7889 - 4.7890             Supp. 89
4.7891 - 4.7904             Supp. 93
4.7905 - 4.8600             Supp. 82
4.8601 - 4.8602             Supp. 77
4.8603 - 4.8604             Supp. 54
4.8605 - 4.8610             Supp. 46
4.8611 - 4.8700             Supp. 45
4.8701 - 4.8702             Supp. 53
4.8703 - 4.8704             Supp. 60
4.8705 - 4.8708             Supp. 53
4.8709 - 4.8710             Supp. 43
4.8711 - 4.8748             Supp. 51
4.8749 - 4.8750             Supp. 40
4.8751 - 4.8754             Supp. 53
4.8755 - 4.9002             Supp. 82
4.9003 - 4.9004             Supp. 93
4.9005 - 4.9100             Supp. 77
4.9101 - 4.9102                  I.I.
4.9103 - 4.9104             Supp. 46
4.9105 - 4.9156             Supp. 24
4.9157 - 4.9210             Supp. 82
4.9211 - 4.9990             Supp. 46
4.9991 - 4.9992             Supp. 95




4.9992                         Supplement No. 95 [June 2011]      The Law Relating to Social Security

				
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