
1 
These regulations may be cited as the Social Security (Short-Term
Benefits) (Transitional) Regulations 1974 and shall come into operation on
6th April 1975.
2 

(1) In these regulations, unless the context
otherwise requires—
 “the 1965 Act”
means the 
National Insurance Act 1965;
 “the 1973 Act”
means the Social Security
Act 1973;
 “former contributor”
 means— 
(a) a person who was insured under the 1965 Act; and
(b) in relation to a widow's allowance,
also means a person who within the prescribed time referred to in 
paragraph 17(1)(a) of Schedule 11 to the 1965
Act was or was deemed to be or treated as, insured under the Widows', Orphans'
and Old Age Contributory Pensions Acts 1936 to 1941 for purposes which included
widows' and orphans' pensions purposes;
 “transitional period”
 means the period commencing on 6th April
1975 and ending on 1st January 1977 or, in relation to a period of interruption
of employment commencing on or before and continuing after 1st January 1977,
ending on 28th May 1977;and any other expression to which a meaning is assigned by the
1973 Act has that meaning in these regulations.
(2) Any reference in these regulations to
benefit to which a person is entitled shall, unless the context otherwise
requires, include increases of such benefit for a child or adult dependant
to which that person may be entitled.
(3) Any reference in these regulations to
any provision made by or contained in any enactment or instrument shall, except
in so far as the context otherwise requires, 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) Any reference in these regulations to
a contribution paid or credited shall, unless the context otherwise requires,
be construed as a reference to a contribution which has been paid by or credited
to the person concerned.
(5) Unless the context otherwise requires,
any reference in these regulations to a numbered regulation is a reference
to the regulation bearing that number in these regulations and any reference
in a regulation to a numbered paragraph is a reference to the paragraph of
that regulation bearing that number.
(6) The rules for the construction of Acts
of Parliament contained in the 
Interpretation Act 1889 shall apply for the
purposes of the interpretation of these regulations as they apply for the
purposes of the interpretation of an Act of Parliament.
3 
Where a claim is made for a maternity grant, unemployment benefit
or sickness benefit under the 1973 Act in respect of an event or for a day
falling within the transitional period and the relevant contributor is a former
contributor, that claim shall be determined as if the contribution conditions
in Schedule 2
to the 1965 Act, as they existed on 5th April 1975 for the corresponding benefit
under that Act, applied instead of those in 
Schedule 3 to the 1973 Act; and for this purpose
those conditions and other provisions of the 1965 Act and the regulations
made under it which were in force then shall be applied subject to the following
provisions of these regulations.
4 

(1) The provisions of 
regulation 2 of the National Insurance
(General Benefit) Regulations 1970 as amended , shall not be applied to a claim to which 
regulation 3 applies and the periods set out
in columns 2 and 3 of Schedule 1
to these regulations against the month in column 1 of that Schedule in which
occurs the relevant contribution week determined by the Secretary of State
in accordance with the said regulation 2
to be applicable in the case of a former contributor shall, in relation to
such former contributor, constitute respectively, as set out in column 2,
contribution years and, as set out in column 3, benefit years; but nothing
in this paragraph shall prevent the provisions of the said 
regulation 2 being applied for the purposes
of the rules, relating to the late payment of contributions, in the National Insurance (Contributions)
Regulations 1969 , as amended .
(2) Each period set out in 
column 2 of Schedule 1 to these regulations
shall be deemed to be the last complete contribution year before the beginning
of the period constituting a benefit year set out against it in column 3 of
that Schedule.
(3) For the purposes of any claim to which 
regulation 3 applies, a former contributor,
who has paid or been credited with at least one contribution in the period
specified in relation to him in column 2 of Schedule
1 to these regulations as constituting the
contribution year ending 5th April 1975, shall be deemed to have been credited
with contributions as an employed person for that contribution year for such
number of weeks as will, when added to the number of weeks in that period,
amount to a total of 52; so however that this paragraph shall not apply in
the case of a woman in respect of whom there is current on 5th April 1975
an election, made under 
regulation 2(1)(a) of the National
Insurance (Married Women) Regulations 1973 (married women who are employed persons),
not to pay contributions.
5 
In the case of a claim to which regulation
3 applies, for the purpose of satisfying the
first contribution condition for unemployment benefit and sickness benefit
specified in paragraph 1(a) of Schedule 2
to the 1965 Act and the first contribution condition for a maternity grant
specified in paragraph 2(1)(a)
of that Schedule, a former contributor shall be deemed to have paid, in addition
to any contributions of the appropriate class actually paid, under the 1965
Act, such number of contributions of the appropriate class as results from
dividing the earnings factor derived from contributions of the relevant class
he has actually paid under the 1973 Act in any year or part of a year before
the relevant time by the lower earnings limit for that year, and if that is
not a whole number any fraction shall be disregarded.
6 

(1) In the case of a claim to which 
regulation 3 applies, where the claimant would
be entitled to unemployment or sickness benefit but for the fact that the
relevant contribution conditions are not satisfied as respects the number
of contributions under the 1965 Act paid or credited in respect of the relevant
contribution year, he shall be entitled to unemployment or sickness benefit
as the case may be during the transitional period in accordance with 
paragraph (2) if at least 26 such contributions
of the appropriate class or their equivalent have been paid or credited in
respect of that year.
(2) Where the full weekly rate of benefit
or increase of benefit for an adult dependant under 
Schedule 4 to the 1973 Act is at one of the
rates set out at the head of columns 2, 
3 and 4 of Schedule 2
to these regulations, then the benefit or increase of benefit under 
paragraph (1) shall be at the reduced weekly
rate specified in that column which corresponds to the number of contributions
under the 1965 Act of the appropriate class paid or credited in the relevant
contribution year as shown in column 1 of that Schedule.
(3) In this regulation 
“the relevant contribution year” means the last complete contribution year before the beginning of the
benefit year which includes the day for which benefit is claimed.
7 
Any day before 6th April 1975 which was a day of interruption of
employment for the purposes of the 1965 Act shall be treated as a day of interruption
of employment for the purposes of the 1973 Act; and where a person has been
entitled to any benefit or earnings-related supplement under the 1965 Act
in respect of such a day, he shall be treated as having been so entitled to
the corresponding benefit or supplement under the 1973 Act (but not so as
to make benefit payable under the 1973 Act in respect of that day).
8 

(1) For the purposes of satisfying the conditions
in section 13(2)
of the 1973 Act, a former contributor who has exhausted his right to unemployment
benefit under the 1965 Act before 6th April 1975 shall be deemed to have been
working for 21 hours in employment as an employed earner for such number of
weeks in the period between the date on which he exhausted his right to that
benefit and 6th April 1975 as he has paid contributions as an employed person
in that period.
(2) Where a person has, by virtue of 
section 21(2) of the 1965 Act, exhausted his
right to sickness benefit under that Act, he shall not be entitled to sickness
benefit under the 1973 Act for any day before either of the requirements of 
paragraph (3) is satisfied in his case.
(3) The said requirements are that—

(a) the earnings factor derived from contributions
of a relevant class paid by him in any one year under the 1973 Act is not
less than that year's lower earnings limit multiplied by 25; or
(b) he has—
(i) made a claim for sickness benefit in
respect of a day in the transitional period, and
(ii) paid 25 contributions after he exhausted
his right to sickness benefit under the 1965 Act, but before the relevant
time, and for this purpose contributions of an appropriate class under that
Act shall be counted and there shall be added such number as results from
dividing the earnings factor derived from contributions of a relevant class
paid by him under the 1973 Act in respect of any one year by that year's lower
earnings limit.
9 
Where—
(a) a claim for unemployment or sickness
benefit is made by a former contributor for a day in the transitional period,
and
(b) he has paid or has been credited with
at least 39 contributions of the appropriate class in respect of the last
complete contribution year before the benefit year which includes that day,

every contribution as an insured person which is not a contribution
of the appropriate class and has been paid by or credited to the claimant
in respect of the relevant contribution year shall, for the purpose of his
right to the benefit claimed for the day in question, be treated as equivalent
to a contribution of the appropriate class.
10 
Where a person is entitled under 
section 10(8) of the 1973 Act to an earnings-related
supplement of unemployment or sickness benefit in respect of a day forming
part of a period of interruption of employment which commences before the
end of the transitional period, the rate of that supplement shall be ascertained
in accordance with the provisions for computing the weekly rate of earnings-related
supplement in section 2
of the National Insurance Act 1966
(earnings-related supplement of unemployment and sickness benefit), and any
regulations made under that Act as in force on 5th April 1975.
11 

(1) Where a widow would be entitled to unemployment
benefit or sickness benefit in respect of any day in the transitional period
but for one or more of the following, namely, her failure to satisfy the contribution
conditions for that benefit or the operation of 
regulation 8(2) or of section 13
of the 1973 Act, she shall, if she satisfies one of the requirements in 
paragraph (2) of this regulation, be treated
for the purposes of section 10(8)
of that Act as being entitled to that benefit at a nominal weekly rate.
(2) The said requirements are that in respect
of the day in question—
(a) 
regulation 6(1) of the Social Security
(Benefit) (Married Women and Widows' Special Provisions) Regulations 1974

(credits for women who have been recently widowed), applies to her; or
(b) she is a qualifying widow within the
meaning of regulation 2(1)(b)
 of the Social Security (Contributions)
(Married Women and Widows' Special Provisions) Regulations 1973 (widows who may elect to be liable to
pay class 1 contributions at a reduced rate or not to pay class 2 contributions),
as amended
12 
A day during the transitional period for which a woman would be
entitled to a maternity allowance but for the fact that she does not satisfy
the contribution conditions for such an allowance, shall be deemed for the
purposes of sections 10 to 12
of the 1973 Act to be a day of incapacity for work.
13 

(1) The contribution condition for a widow's
allowance specified in paragraph 4 of Schedule
3 to the 1973 Act shall be deemed to be satisfied
where the contributor concerned was a former contributor who has paid not
less than 25 contributions under the Widows', Orphans' and Old Age Contributory
Pensions Acts 1936 to 1941 since his last entry into insurance under those
Acts for purposes which include widows' and orphans' pensions purposes, or
25 contributions of any class under the 1965 Act which he was liable to pay
before he attained pensionable age, or an aggregate of 25 such contributions
under the said Contributory Pensions Acts and the 1965 Act.
(2) Where a widow's allowance under the 1965
Act is payable to the widow of a former contributor for a period which commenced,
but was not completed, before 6th April 1975, she shall be entitled, without
any claim being made for it, to a widow's allowance under the 1973 Act for
such part of the period specified in section
19(2) of that Act as falls on or after 6th
April 1975; so however that where she was entitled to the allowance at a reduced
rate her entitlement in respect of that latter part of the period shall be
at the reduced rate in column 5 of Schedule 2
 to these regulations which corresponds to
the number of contributions of the appropriate class paid or credited in the
relevant contribution year as shown in column 1 of that Schedule, and 
section 19(3) of the 1973 Act shall not apply
in her case unless widow's supplementary allowance under the 1965 Act was
payable to her in respect of the said period before 6th April 1975.
(3) Where section
19(3) of the 1973 Act applies to the widow
of a former contributor in respect of a period commencing before the end of
the transitional period, it shall apply with the modification that the widow's
earnings-related addition shall be calculated in accordance with the provisions
for computing the weekly rate of widow's supplementary allowance set out in 
section 4 of the National Insurance
Act 1966 and any regulations made under it
which are in force on 5th April 1975.
14 

(1) Where a maternity allowance under the
1965 Act is payable to a former contributor for a period which commenced but
was not completed before 6th April 1975, she shall be entitled without any
claim being made for it, to a maternity allowance under the 1973 Act for such
part of the period specified in section 17(2)
 of the 1973 Act as falls on or after 6th April
1975, and section 17(4)
of that Act shall apply in her case in respect of every day in the said part
of such period, so however that—
(a) where she was entitled to the allowance
at a reduced rate her entitlement in respect of that latter period shall be
at the reduced rate in column 2 of Schedule 2
 to these regulations which corresponds to
the number of contributions of the appropriate class paid or credited in the
relevant contribution year as shown in column 1 of that Schedule;
(b) for the purposes of the said 
section 17(4), any day in the period falling
before 6th April 1975 in respect of which she is entitled to earnings-related
supplement of any benefit under the 1965 Act shall be treated as a day in
respect of which she is entitled to earnings-related supplement of the corresponding
benefit under the 1973 Act (but not so as to make a supplement payable under
that section in respect of that day).
(2) Where section
17(4) of the 1973 Act applies in respect of
any day of a maternity allowance period which commences or which forms part
of a period of interruption of employment which commenced within the transitional
period, the earnings-related supplement of the allowance shall be calculated
in accordance with the provisions for computing the weekly rate of earnings-related
supplement of unemployment benefit and sickness benefit set out in 
section 2 of the National Insurance
Act 1966 and such regulations made under it
as are in force on 5th April 1975.
(3) The 
Social Security (Maternity Allowance) (Transitional) Regulations 1974 shall not apply to a woman who was not a
former contributor.
(4) For the purposes of the 
Social Security (Maternity Allowance) (Transitional) Regulations 1974,
a former contributor who claims a maternity allowances and whose expected
week of confinement begins after 13th July 1975 shall in respect of one year
be deemed to—
(a) have paid (in addition to any contributions
actually paid under the 1965 Act) the number of contributions of the appropriate
class equal to the number which results from dividing the earnings factor
derived from contributions of a relevant class paid under the 1973 Act before
the relevant time in respect of any one year by the lower earnings limits
for that year, and
(b) have been credited with (in addition
to any contributions credited to her under the 1965 Act) a contributions of
the appropriate class for each week before the relevant period each day of
which is a day of interruption of employment or in respect of the whole of
which she is entitled to injury benefit or unemployability supplement under
the Industrial Injuries Act,so however that where she has paid or would fall to be deemed to
have been credited with contributions under 
sub-paragraph (b) in respect of 2 years, the
one year to be taken into account shall be the same for both sub-paragraphs
and shall be the one which produces the result which is more favourable to
her.
(5) Where a woman would be entitled to a
maternity allowance under the 1973 Act but for the fact that she does not
satisfy the contribution conditions as respects the number of contributions
paid or credited in the relevant contribution period and—
(a) paragraph
(1) does not apply to her and her expected
week of confinement ends before 20th March 1977, and
(b) at least 26 contributions of the appropriate
class or their equivalent have been paid or credited in respect of the relevant
contribution period,she shall be entitled to such an allowance at the reduced rate
in column 2 of Schedule 2
to these regulations which corresponds to the number of contributions of the
appropriate class paid or credited in the relevant contribution period as
shown in column 1 of that Schedule.
15 
Where, before the end of the transitional period, a former contributor
has paid, or is deemed in accordance with regulation
5 to have paid, sufficient contributions under
the 1965 Act to satisfy the contribution condition—
(a) for unemployment benefit and sickness
benefit specified in paragraph 1(a) of Schedule
2 to that Act, or
(b) for maternity grant specified in 
paragraph 2(1)(a) of that Schedule, or
(c) for maternity allowance specified in 
paragraph 3(1)(b) of that Schedule, he shall
be deemed, as from the end of the transitional period, to satisfy the first
contribution condition for benefit of a corresponding description under the
1973 Act specified in paragraphs 1(2), 
2(2) or 3(2) as
the case may be of Schedule 3
to that Act.
Barbara Castle
Secretary of State for Social Services
27th December 1974
SCHEDULE 1
Regulation 4


1 2 3
Month Contribution years 
Benefit years

March 5 March 1973 to 3 March 1974 5 August 1974 to 2 November 1975
 
4 March 1974 to 2 March 1975 3 November
1975 to 1 January 1977
June
 4 June 1973 to 2 June 1974 4 November 1974 to 1 February 1976
 
3 June 1974 to 5 April 1975 2 February
1976 to 1 January 1977
September
 3 September 1973 to 1 September 1974
 3 February 1975 to 2 May 1976
 2 September 1974 to 5 April 1975 
3 May 1976 to 1 January 1977

December 4 December 1972 to 2 December
1973 6 May 1974 to 4 May 1975
 
3 December 1973 to 1 December 1974 5
May 1975 to 1 August 1976
 2 December 1974 to 5 April 1975 2 August 1976 to 1 January 1977
SCHEDULE 2
Regulations 6, 
13 and 14



1 2 
3 4 
5
Full weekly rates

Number of contributions paid or credited in the relevant contribution year
or as the case may be relevant contribution period Unemployment or sickness benefit at higher rate or maternity allowance
 Unemployment or sickness benefit at
lower rate Increase for adult dependant
 Widow's allowance
 £
 £ 
£ £
 
9·80 6·90 6·10 16·20


Reduced weekly rates
48–49
 9·40 6·80 5·87 15·55
46–47 9·00 6·59 
5·66 14·90
43–45 8·60 6·19 5·39 
14·26
40–42 7·90 
5·79 5·00 13·12

37–39 7·15 5·21 4·63
 11·99
34–36 6·42
 4·66 4·13 10·85
30–33 5·67 4·14 3·60 
9·56
26–29 4·90 
3·45 3·05 8·10

22–25 — — — 6·80
18–21 — — 5·67

13–17 — — — 4·54

under 13 — — — —
