The National Insurance (Pensions, Existing Contributors) (Transitional) Amendment (No. 2) Regulations 1949

Statutory Instruments

1949 No. 1412

NATIONAL INSURANCE

The National Insurance (Pensions, Existing Contributors) (Transitional) Amendment (No. 2) Regulations, 1949

Made

27th July 1949

Laid before Parliament

27th July 1949

Coming into Operation

1st August 1949

The Minister of National Insurance, acting in conjunction with the Treasury, in exercise of powers conferred by Section 65 of the National Insurance Act, 1946 and of all other powers enabling him in that behalf, hereby makes the following regulations:—

Citation and commencement

1.  These regulations, which may be cited as the National Insurance (Pensions, Existing Contributors) (Transitional) Amendment (No. 2) Regulations, 1949, shall be read as one with the National Insurance (Pensions, Existing Contributors) (Transitional) Regulations, 1948(1), as amended(2)(hereinafter referred to as “the principal regulations”) and shall come into operation on the 1st August, 1949.

Amendment of regulation 8 of the principal regulations

2.—(1) Regulation 8 of the principal regulations (which regulation provides for contributions under the Widows', Orphans' and Old Age Contributory Pensions Acts, 1936 to 1941, to be taken into account for the purposes of the National Insurance Act, 1946) shall be amended in accordance with the next following paragraph.

(2) For the proviso to the said regulation 8 there shall be substituted the following words:—

“Provided that any such contributions which are paid on or after the appointed day, other than contributions payable by an employer in respect of an existing pensions contributor the delay in making payment of which is shown to the satisfaction of the Minister not to have been with the consent or connivance of, or attributable to any negligence on the part of the said contributor, shall not be taken into account except to the same extent and subject to the same conditions as those contributions would, but for the Act, have been taken into account under the Contributory Pensions Acts and any regulations made thereunder”.

James Griffiths

Minister of National Insurance

Dated this 27th day of July, 1949

Joseph Henderson

Richard Adams

Two of the Lords Commissioners of His Majesty's Treasury

EXPLANATORY NOTE

These Regulations amend the National Insurance (Pensions, Existing Contributors) (Transitional) Regulations, 1948 by enlarging the existing provision which lays down the extent to which contributions under the Widows', Orphans' and Old Age Contributory Pensions Acts 1936 to 1941 paid after those Acts were repealed on 5th July 1948, may be taken into account for the purposes of widow's benefit and retirement pensions under the National Insurance Act 1946 The amendment enables such contributions, where payable by an employer on behalf of an insured person and paid at any time after 5th July 1948, to be so taken into account, provided the delay in making payment is shown not to have been with the consent or connivance of, or attributable to any negligence on the part of the insured person.

(1)

I, p. 2834.

(2)

S.I. 1949 No. 1150, p. 2746 above.