
1 

(1) These regulations may be cited as the 
Social Security (Miscellaneous Amendments) Regulations 1977
and shall come into operation on 3rd October 1977.
(2) Each provision of these regulations which
amends other regulations shall be construed as one with the regulations which
it amends.
(3) The rules for the construction of Acts
of Parliament contained in the 
Interpretation Act 1889 shall apply in relation
to this instrument and in relation to any revocation effected by it as if
this instrument and the regulations revoked by it were Acts of Parliament,
and as if each revocation were a repeal.
2 

(1) The 
Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974
,
as amended,
shall be further amended in accordance with the following provisions of this
regulation.
(2) In regulation
2 (election to be treated as not having retired)—

(a) in paragraph
(4) for the reference to “
paragraph (5)” there shall be
substituted a reference to “paragraphs
(5) and (6)”
;
(b) after paragraph
(5) there shall be added the following paragraph:—
“
(6) In a case to which 
section 29(12) of the Social Security
Act 1975 (days of increment in relation to
a woman entitled to Category B retirement pension who has made an election
in accordance with this regulation and has not revoked it) applies, for the
purposes only of the said section 29(12),
where the woman is entitled to such a retirement pension under 
section 29(4) of that Act and makes such an
election on or after 3rd October 1977, the said 
section 29(12) shall be modified so that her
election shall be treated as if it had effect from 6th April 1975 or, if later,
the date of the death of her husband by virtue of whose contributions she
is so entitled.”.
(3) In regulation
4 (days to be treated as days of increment)—

(a) after paragraph
(1)(b)(iii) there shall be inserted the following:—
“
or (iv) non-contributory invalidity pension or
invalid care allowance
”
(b) in paragraph
(2) the words from and including “received
any of the following benefits” to the end shall be deleted;

(c) after paragraph
(2) there shall be added the following paragraphs:—
“
(3) 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);
and
(b) either—
(i) the determining authority or, as the
case may be, the Secretary of State, has determined that in respect of that
day he was not entitled to that benefit; or
(ii) by virtue of the provisions of the 
Employment Protection (Recoupment of Unemployment Benefit and Supplementary
Benefit) Regulations 1977
the Secretary of State has recovered from that person's employer sums on account
of unemployment benefit received by that person in respect of that day; and

(c) the whole of the benefit or sum on account
of benefit in respect of that day has been repaid or, as the case may be,
recovered before the relevant date,that day shall be treated as a day in respect of which he did not
receive that benefit; and in this paragraph “relevant
date” means— 
(i) in the case of Category A retirement pension, the date
of retirement of the person entitled to it,
(ii) in the case of Category B retirement
pension payable to a wife by virtue of her husband's contributions, the date
of retirement of her husband, or
(iii) in the case of Category B
retirement pension payable to a widow by virtue of her late husband's contributions,
the date of his death.

(4) Where the benefit or sum on
account of benefit in respect of a day to which 
paragraph (3)(a) and (b)
applies is repaid or, as the case may be, recovered on or after the said relevant
date that day shall not be treated as a day in respect of which that person
did not receive that benefit until benefit has been repaid or, as the case
may be, sums on account of benefit have been recovered in respect of all the
days to which those sub-paragraphs relate falling within the period to which
this regulation applies”.
3 

(1) In 
regulation 11 of the Social Security
(Maternity Benefit) Regulations 1975 (special provision for certain persons who
have been employed abroad) in paragraph (1)
for the words from “Subject to the following paragraph”
 to “absent from Great Britain and” there
shall be substituted the words “The following provisions of this
regulation shall apply for the purposes of maternity benefit (but not for
the purposes of earnings-related supplement of maternity allowance) where
a person”.
(2) In 
regulation 18 of the Social Security
(Unemployment, Sickness and Invalidity Benefit) Regulations 1975 (special provision for certain persons
who have been employed abroad) in paragraph (1)
 for the words from “Subject to
the following paragraphs” to “absent from Great
Britain and” there shall be substituted the words “The
following provisions of this regulation shall apply for the purposes of unemployment
benefit and sickness benefit (but not for the purposes of earnings-related
supplement of either of those benefits) where a person”.
(3) In the said 
regulation 11 and the said regulation
18, for that part of 
paragraph (1) of each regulation from the beginning
of sub-paragraph (a)
to the end of the paragraph there shall be substituted the following provisions:—
“
(a) has been absent from
Great Britain;

(b) has returned to Great Britain;
and

(c) throughout the whole period
of his absence was ordinarily resident in Great Britain.
and in this regulation “a
person” shall mean such a person.
”.

(4) In the said 
regulation 11 and the said regulation
18, for paragraphs (2)
to (6) of each regulation there shall be substituted
the following provisions:—“
(2) Where a person has
paid Class 1 contributions at the standard rate under the Act either—

(a) to the full extent of his liability under 
regulation 114 of the Social Security
(Contributions) Regulations 1975;
or
(b) in respect of the first 52 weeks of his
employment abroad by virtue of either—
(i) an Order in Council made under 
section 143 (reciprocity with countries outside
the United Kingdom), or
(ii) Council
Regulation No. 1408/71/EEC (application
of social security schemes to employed persons and their families moving within
the Community),and the employment by reference to which his liability mentioned
in sub-paragraph (a) or 
(b), as the case may be, arose continued throughout
the first 52 weeks after the commencement of that liability, he shall be treated
as having paid Class 1 contributions on earnings at the lower earnings limit
for the relevant tax year for any weeks between the end of that liability
and the date of his return to Great Britain which are relevant to his claim.


(3) Where—
(a) a person would have been liable to pay
Class 1 contributions at the standard rate under the said 
regulation 114 but for the provisions of an
Order in Council made under section 143;

(b) in relation to his case that Order does
not provide for periods of insurance, employment or residence in the other
country to which that order relates to be taken into account in determining
title to benefit, and
(c) the employment by reference to which
he would have been liable under the said regulation
114 continued throughout the first 52 weeks,
he shall be treated as having paid Class 1 contributions on earnings
at the lower earnings limit for the relevant tax year for each week of his
absence.

(4) Where—
(a) a person would have been liable to pay
Class 1 contributions at the standard rate under the said 
regulation 114 but for the provisions of either
an Order in Council made under section 143
or Council Regulation No. 1408/71/EEC;

(b) the employment by reference to which
he would have been liable under the said regulation
114 continued throughout the first 52 weeks
from the time that that liability would have commenced; and
(c) that Order or Council Regulation, as
the case may be, provides for aggregation of periods of insurance, employment
or residence only if an insurance period has been completed since his return
to Great Britain, and an insurance period has not been so completed,any period of insurance, employment or, as the case may be, residence
in the other country to which that Order or Council Regulation, as the case
may be, relates which falls in the relevant tax year and which could be taken
into account in determining entitlement to benefit if an insurance period
had been completed since his return to Great Britain shall be treated as a
period in respect of which class 1 contributions on earnings at the lower
earnings limit for that tax year had been paid.

(5) 
Paragraphs (2) (expect in a case to which 
paragraph (2)(a) applies), (3)
and (4) shall not apply
in relation to benefit to which this regulation applies for any day in respect
of which the person concerned is entitled to a corresponding benefit under
the social security scheme of the country in which he was employed.

(6) Where a person satisfies the
requirements of paragraph (3)(a)
or (4)(a) but the relevant
employment did not continue for 52 weeks, he shall be treated as having paid
Class 1 contributions on earnings at the lower earnings limit for the relevant
tax year for each week for which it did continue.

(7) Where a person to whom 
regulation 3 of the National Insurance
(Residence and Persons Abroad) Regulations 1948, as amended, applies—

(a) has paid contributions to the full extent
of his liability under that regulation; and
(b) has paid or has had credited to him 45
contributions of any Class under the National
Insurance Act 1965 during each contribution
year from the year in which his liability ceased until the last contribution
year relevant to him which ended before 5th April 1975 (inclusive of both
these years),paragraph (2)
shall apply to him, notwithstanding paragraph
(2)(a), as if the reference to his liability
were a reference to his liability under the said 
regulation 3.

(8) 
Paragraph (2) shall not apply to any case where
the employment which gave rise to the liability mentioned in 
sub-paragraph (a) of that paragraph commenced
before 6th April 1975 unless the person concerned paid contributions under
the said Act of 1965 to the full extent of his liability under the said 
regulation 3.”.
4 
In the (1975 I, p. 2014) 
Social Security (Claims and Payments) Regulations 1975, as amended, in regulation
3 (claims not required in certain cases), after 
paragraph (c) there shall be added the following
paragraph:—“
(d) in the case of a Category
A or B retirement pension—
(i) to any woman over the age of 65 on her
ceasing to be entitled to widowed mother's allowance, or
(ii) to any woman in receipt of widow's pension
on her attaining the age of 65.”.
5 

(1) The 
Social Security Benefit (Dependency) Regulations 1977 , as amended, shall
be further amended in accordance with the following provisions of this regulation.

(2) For regulation
14 (increase of maternity allowance where contribution
conditions are not satisfied in full), there shall be substituted the following
regulation:—“
14 
Where benefit is payable at a reduced rate by virtue of—

(a) in the case of maternity allowance, 
regulation 8 of the Social Security
(Maternity Benefit) Regulations 1975;

(b) in the case of unemployment or sickness
benefit, regulation 14 of
the Social Security (Unemployment, Sickness and Invalidity
Benefit) Regulations 1975
the amount of any increase of those benefits shall be—

(c) in the case of an increase under 
section 41 (child dependents), the same as
if both the relevant contribution conditions were satisfied;
(d) in the case of an increase under 
section 44 (adult dependants), a percentage
of the amount specified in relation to the benefit in question in 
column (3) of Part IV of Schedule 4 to the
Act, the percentage being the same as that ascertained under 
paragraph (2) of the said regulation 8 or 
14, as the case may be”.
(3) After regulation
15 there shall be inserted the following regulation:—
“
15A 

(1) For the purpose of determining whether
a person is entitled to receive child dependency benefit in respect of a child
receiving advanced education after 2nd October 1977, where—
(a) that person has been entitled to receive
child dependency benefit in respect of the child in respect of 31st December
and for not less than 34 weeks in the period beginning on 31st December 1976
and ending on 2nd October 1977; and
(b) the child had commenced advanced education
before 1st January 1977,if for a continuous period beginning on 3rd October 1977 he—

(i) would have been entitled to receive child
dependency benefit in respect of the child had he been entitled or (apart
from this regulation) treated as if he were entitled to child benefit in respect
of the child; and
(ii) would have been entitled or (apart from
this regulation) treated as if he were entitled to child benefit in respect
of the child had any education which the child is receiving not been advanced
education.he shall for that period be treated as if he were entitled to child
benefit in respect of the child.
(2) In this regulation—
(a) “advanced
education” has the same meaning
as in regulation 1(2) of
the Child Benefit (General) Regulations 1976,
as amended;

(b) “child
dependency benefit” means a benefit
or an allowance or an increase of a benefit or an allowance under the Act
in respect of a child, not being an increase of unemployment benefit;
and
(c) “week”
 means a period of 7 days beginning with
midnight between Saturday and Sunday”
(4) In Part
II of Schedule 2 (prescribed circumstances for increase
of invalid care allowance for adult dependants), in paragraph
7(b) at the end of heads (i), 
(ii), and (iii)
the word “or” shall be deleted.
6 
In the Social
Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1975
  
regulation 14(3) and the Schedule are hereby
revoked.
Signed by authority of the Secretary of State for Social Services.

Stanley Orme
Minister for Social Security
Department of Health and Social Security
8th September 1977