The Social Security Miscellaneous Provisions Regulations 1989

• Citation: S.I. 1989/893
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security Miscellaneous Provisions Regulations 1989 and shall come into force on 28th May 1989.

(2) In these Regulations—

“the 1975 Act ” means the Social Security Act 1975;

“day of unemployment”, “day of incapacity for work” and “period of interruption of employment” shall be construed in accordance with section 17 of the 1975 Act;

“ Married Women and Widows Special Provisions Regulations ” means the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974 .

Section 2 Amendment of the Married Women and Widows' Special Provisions Regulations

(1) The Married Women and Widows' Special Provisions Regulations shall be amended in accordance with the following provisions of this regulation.

(2) Subject to regulation 6 of these Regulations, regulation 2 (special credits where a woman’s marriage has been terminated) shall be omitted.

(3) In regulation 3 (modifications, in relation to widows, of provisions with respect to unemployment and sickness benefit, maternity allowance and Category A retirement pension)—

(a) in paragraph (5)(a), the words after “contributions or both” to the end shall be omitted and there shall be substituted the words—

and the earnings factor derived from—

(i) earnings paid in a year upon which primary Class 1 contributions have been paid or treated as paid in respect of that year, or

(ii) earnings with which she has been credited in respect of that year, or

(iii) Class 2 contributions, is not less than that year’s lower earnings limit multiplied by 25; and

(b) subject to regulation 6 of these Regulations, paragraph 3(10) shall be omitted.

(4) Regulations 3B , 5, 8 and 10 shall be omitted.

Section 3 Amendment of the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978

In the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978 , for regulation 2 there shall be substituted the following regulation—

Application of provisions of sections 63 and 64 of the Social Security Act 1986

(2) The provisions of sections 63 and 64 of the Social Security Act 1986 (annual up-rating of benefits and effect of alteration of rates of benefit) shall apply to the amount of graduated retirement benefit payable for each unit of graduated contributions and to increases of such benefit under the provisions of Schedule 2 to these Regulations.

Section 4 Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

In regulation 2(3) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (election to be treated as not having retired), for the words “on the date it was posted” there shall be substituted the words “on the date on which it was received in an office of the Department of Social Security.”.

Section 5 Savings

For the purposes of determining whether the contribution condition referred to in regulation 3(5)(a) of the Married Women and Widows Special Provisions Regulations is satisfied in any case that regulation shall continue to have effect in relation to any year beginning before 6th April 1988 as though regulation 2(3) of these Regulations had not been made.

Section 6 Transitional provisions for special credits where a woman’s marriage has been terminated

Where before 28th May 1989 a woman would have been able to satisfy the second contribution condition for unemployment benefit or sickness benefit only by virtue of regulations 2 or 3(10) of the Married Women and Widows Special Provisions Regulations, those Regulations shall continue to apply to her as if paragraphs (2) and (3)(b) of regulation 2 of these Regulations had not been enacted—

(a) where after 27th May 1989 she has a day of unemployment and that day falls within a period of interruption of employment which began before 28th May 1989, until either the day immediately following that period of interruption of employment or 1st October 1989. whichever is the earlier; or

(b) where after 27th May 1989 she has a day of incapacity for work and that day falls within a period of interruption of employment which began before 28th May 1989, until—

(i) where the period of interruption of employment ends before 2nd October 1989, the day immediately following the last day of that period, or

(ii) where that period of interruption of employment continues after 1st October 1989—

(a) the day on which entitlement to invalidity pension begins, or

(b) the first day after 1st October 1989, not being a day referred to in Section 17(1)(e) of the 1975 Act, which is not a day of incapacity for work, whichever is the earlier; or

(c) where after 27th May 1989 she has a day of incapacity for work and that day falls within—

(i) a period of interruption of employment, and

(ii) a period of 57 days immediately following the end of a period of entitlement to statutory sick pay which contained at least one day of incapacity for work which fell before 28th May 1989, until, where the period of interruption of employment—

(a) ends before 2nd October 1989, the day immediately following the last day of that period, or

(b) continues after 1st October 1989,

(i) the day on which entitlement to invalidity pension begins, or

(ii) the first day after 1st October 1989, not being a day referred to in section 17(1)(e) of the 1975 Act, which is not a day of incapacity for work, whichever is the earlier.