National Insurance Act 1965

(d) apart from any period before pensionable age, the pension or the said part of it is of an amount not less, when expressed as a weekly rate, than the graduated retirement benefit which would be payable to the person employed in return for an amount of graduated contributions equal to one such contribution paid in each week of the period of service in respect of a weekly payment of remuneration of fifteen pounds.

Payments in lieu of contributions.

15

For the purposes of section 58 of this Act—

• (a) as respects service before 6th January 1964, paragraph (a) of that section shall have effect as if for the words " eighteen pounds" there were substituted the words " fifteen pounds ";

• (b) sections 1(1) and 3(1) of, and Schedule 1 to, the National Insurance Act 1963 shall be deemed not to have come into operation until 5th January 1964.

16

If a payment is made as required by section 58 of this Act in respect of a period—

• (a) falling partly before and partly after 5th January 1964 ; or

• (b) falling partly before and partly after the date of any change in the percentage mentioned in section 4(1)(c) of this Act taking effect under section 5(1)(b) thereof; or

• (c) falling partly before and partly after the date of any change in the said percentage or the sums of money mentioned in the said section 4(1)(c), or of any change in the rates of contributions set out in Schedule 1 to this Act effected by or in pursuance of any Act passed after this Act,

and the amount of the payment is less than the full amount required, the Minister may allocate the payment as between the two parts of the period as he may think fit, and the said section 58 shall apply to the payment as if the two parts of the period were separate periods.

Pre-1948 contributors and beneficiaries.

17

• (1) In relation to—

• (a) persons (in this paragraph and paragraph 18 of this Schedule referred to as " pre-1948 contributors ") who within the prescribed time before 5th July 1948 were, or were deemed to be or treated as, insured—

• (i) under the Unemployment Insurance Act 1935 ; or

• (ii) under the National Health Insurance Act 1936 ; or

• (iii) under the Widows', Orphans' and Old Age Contributory Pensions Act 1936 ; and

• (b) persons (hereafter in this paragraph referred to as " pre-1948 beneficiaries ")—

• (i) to or in respect of whom, immediately before 5th July 1948, any benefit, pension or allowance was, or would but for any disqualification or forfeiture have been, payable under or by virtue of the enactments repealed by the Act of 1946 ; or

• (ii) who immediately before 5th July 1948 had, otherwise than as pre-1948 contributors or in respect of the insurance of pre-1948 contributors, any prospective right to or expectation of any benefit, pension or allowance under or by virtue of the enactments so repealed,

the provisions of this Act shall have effect with such modifications, additions and exceptions as may be prescribed for securing the continuity of the enactments so repeated, the Act of 1946 and this Act, or otherwise for the preservation of rights conferred under or by virtue of the enactments so repealed, or which appear to the Minister to be necessary or expedient in consequence of the passing after this Act of any enactment directed to be construed as one therewith (except in so far as the contrary intention appears in that enactment, and without prejudice to the generality of that direction) ; and in this paragraph and in the said paragraph 18 any reference to the enactments repealed by the Act of 1946 shall include a reference to any corresponding enactments previously repealed.

• (2) Regulations under the foregoing sub-paragraph shall in particular provide—

• (a) as respects pre-1948 contributors—

• (i) for the insurance under this Act of such of them as, on 5th July 1948, being under pensionable age, were outside Great Britain and continued in any employment outside Great Britain by virtue of which they were pre-1948 contributors ;

• (ii) for modifying the conditions for receipt of benefit under this Act, whether by a pre-1948 contributor or in respect of his insurance by another, so as to take into account, for such purposes and in such manner and subject to such conditions as may be prescribed, contributions paid or deemed to be or treated as paid under the enactments repealed by the Act of 1946 and periods of insurance under those enactments ;

• (b) as respects pre-1948 beneficiaries, either—

• (i) for substituting for any right to any benefit, pension or allowance payable under or by virtue of the said enactments a right to such benefit under this Act as may be prescribed as corresponding thereto ; or

• (ii) for preserving any such right and giving effect thereto (whether under this Act or by continuing in whole or in part the operation of the said enactments in relation thereto),

but in any case subject to any modifications appearing to the Minister to be appropriate, so, however, that the maximum rate of any such benefit, pension or allowance shall not be increased above the rate of the corresponding benefit under this Act as set out in Schedule 3 thereto.

Insured persons over school leaving age on 5th July 1948.

18

• (1) In relation to insured persons who—

• (a) immediately before 5th July 1948 were over school leaving age and under pensionable age ; but

• (b) either are not pre-1948 contributors or, being pre-1948 contributors, were, or were deemed to be or treated as, insured for the purposes of some only of the enactments repealed by the Act of 1946,

the provisions of this Act shall have effect with such modifications, additions and exceptions as may be prescribed for adjusting them to the case of such persons.

• (2) Subject to any prescribed exceptions, regulations under the foregoing sub-paragraph shall provide that the yearly average of the contributions paid by or credited to any such person as is mentioned in that sub-paragraph shall be calculated, in the case of a person over the age of sixteen on 5th July 1948, only over the period—

• (a) beginning with the beginning of the contribution year in which that date occurred ; and

• (b) ending with the end of the last complete contribution year before the date as at which that average is to be ascertained.

• (3) For the purposes of death grant, sub-paragraph (2) of this paragraph shall apply to all pre-1948 contributors.

• (4) The reference in sub-paragraph (1) of this paragraph to this Act shall include a reference to any enactment passed after this Act which is directed to be construed as one therewith, except in so far as the contrary intention appears in that enactment, and without prejudice to the generality of that direction.

Miscellaneous special savings.

19

The following provisions shall be specially saved, that is to say, in the Act of 1946—

• (a) section 66 (which relates to the transfer of assets and liabilities in consequence of the passing of the Act of 1946):

• (b) section 67 (which relates to compensation for certain displaced employees) ;

• (c) section 69(1)(f) (which relates to the continuing in force and administration of the scheme relating to the seamen's special fund established for the purposes of section 138 of the National Health Insurance Act 1936) ;

• (d) section 71(1) (which provides for the insurance of certain persons who would not otherwise be insured persons) ;

• (e) section 71(3) (which relates to the application of the Act of 1946 to certain persons who attained the age of 55, in the case of a man, or 50, in the case of a woman, before 5th July 1948, except that regulations under the said section 71(3) shall not apply to a woman who attained pensionable age after 4th August 1957 and who immediately before attaining that age was entitled to widow's benefit,

and, in the Family Allowances and National Insurance Act 1961, paragraph 8 of Schedule 3 (which contains transitional provisions with respect to the amendment by section 8(b) of that Act of the definition of " apprentice " in section 23 of the Family Allowances Act 1945), so far as the said paragraph 8 relates to the National Insurance Acts 1946 to 1960.

General provision as to past events.

20

Any question whether a person became or ceased to be entitled to any benefit at a time before the date of commencement of this Act, and any question with respect to contributions, payments in lieu of contributions or benefit in respect of a period before that date, shall be determined in accordance with the provisions with respect to those matters respectively in force at that time or during that period.

SCHEDULE 12

1

In the National Insurance (Claims and Payments) Regulations 1948 (S.I. 1948 No. 1041), in Schedule 2 (as included by virtue of the National Insurance (claims and Payments) Amendment Regulations 1952 (S.I. 1952 No. 1207)), paragraph 2 of Part II.

2

In the National Insurance (Determination of Claims and Questions) Regulations 1948 (S.I. 1948 No. 1144), regulation 2, regulation 3(3) so far as it relates to the appointment of persons to hold inquiries and report thereon, and regulations 4(1), (2) and (4), 4(3) from the beginning to "High Court and", 5 to 11, 15, 16(5), (5A) and (5B), 18 and 23.

3

In the National Insurance and Industrial Injuries (Collection of Contributions) Regulations 1948 (S.I. 1948 No. 1274), regulation 7.

4

In the National Insurance (General Benefit) Regulations 1948 (S.I. 1948 No. 1278), regulation 8(3).

5

In the National Insurance (Contributions) Regulations 1948 (S.I. 1948 No. 1417), regulation 19.

6

The National Insurance (Determination of Claims and Questions) Amendment Regulations 1951 (S.I. 1951 No. 1208).

7

In the National Insurance (Maternity Benefit and Miscellaneous Provisions) Regulations 1954 (S.I. 1954 No. 189), regulations 12 and 19(3).

8

The National Insurance (Determination of Claims and Questions) Amendment Regulations 1955 (S.I. 1955 No. 1788).

9

In the National Insurance (Claims and Payments) Amendment Regulations 1957 (S.I. 1957 No. 578), regulation 2(2).

10

In the National Insurance (Claims and Payments) Amendment (No. 2) Regulations 1957 (S.I. 1957 No. 1357), regulation 3.

11

In the National Insurance (Determination of Claims and Questions) Amendment Regulations 1958 (S.I. 1958, No. 701), regulation 3 and Schedule 1.

12

In the National Insurance (Contributions) Amendment Regulations 1959 (S.I. 1959 No. 847), regulation 11.

13

In the National Insurance (Determination of Claims and Questions) Amendment Regulations 1959 (S.I. 1959 No. 848), regulation 3.

14

In the National Insurance (Determination of Claims and Questions) Amendment (No. 2) Regulations 1959 (S.I. 1959 No. 1154), regulations 3 to 6 and Schedules 1 to 3.

15

In the Family Allowances (Determination of Claims and Questions) Regulations 1959 (S.I. 1959 No. 1157), regulations 2(2) and 3(1) and so much of the Schedule as reproduces any of the regulations revoked by virtue of paragraph 2 of this Schedule.

16

In the National Insurance (Graduated Contributions and Non-participating Employments—Miscellaneous Provisions) Regulations 1960 (S.I. 1960 No. 1210), regulations 10 and 14(2).

17

In the National Insurance (Graduated Retirement Benefit and Consequential Provisions) Regulations 1961 (S.I. 1961 No. 557), in Schedule 2, paragraph 1 of Part II.

Graduated retirement benefit.

Editorial notes

[^c6658131]: Act not in force at Royal Assent, see s. 118(3); Act wholly in force at 6.9.1965

[^c6658101]: Act repealed with saving by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. I, Sch. 3 Pt. I para. 7

[^c6658111]: Ss. 36, 37, 118(1) continued in force as amended by S.I. 1978/393, regs. 2, 3, Schs. 1, 2

[^c6658121]: Act: power to continue certain provisions conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5(1), 7(2), Sch. 3 Pt. II para. 15 (with s. 5(2))

[^c21893151]: Act: power to modify conferred (E.W.S.) (6.9.1999) by 1998 c. 14, s. 11(1)(3); S.I. 1999/2422, art. 2(c), Sch. 1 (subject to transitional provisions in Sch. 14)

[^c6658141]: Act repealed with saving by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. 1, Sch. 3 para. 7; and ss. 36, 37, 118(1) continued in force (with modifications) by S.I. 1978/393, regs. 2, 3, Schs. 1, 2

[^c6658151]: Act repealed with saving by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. 1, Sch. 3 para. 7; and ss. 36, 37, 118(1) continued in force (with modifications) by S.I. 1978/393, regs. 2, 3, Schs. 1, 2

[^c6658521]: Ss. 36, 37: power to amend conferred by Social Security Administration Act 1992 (c. 5), s. 150(11)

[^c21264101]: Words in s. 36(2) (so far as continuing in force) substituted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 3(1) (with reg. 3(2))

[^c21263671]: S. 36(4)(4A) substituted for s. 36(4) (so far as continuing in force) (6.4.2005) by The Social Security (Graduated Retirement Benefit) Regulations 2005 (S.I. 2005/454), regs. 1(1), 2(2)(a), 5, Schs. 1, 2

[^c6658591]: S. 36(6) repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. I

[^c6658601]: Words in s. 36(7) (as continued in force by S.I. 1978/393, Sch. 1) substituted (as from 1.10.1989) by S.I. 1989/1642, reg. 5(2)(a)(iii)

[^c6658611]: Words in s. 36(7) (as continued in force by S.I. 1978/393, Sch. 1) inserted (1.11.1995) by S.I. 1995/2606, regs. 1(1), 3

[^c6658621]: 1959 c. 47.

[^c6658631]: 1946 c. 67.

[^c6658641]: 1975 c. 14.

[^c6658651]: S. 36(10) (as continued in force by S.I. 1978/393, Sch. 1) omitted (6.9.1999) by virtue of S.I. 1999/2422, art. 3(3)

[^c6658661]: Ss. 36, 37: power to amend conferred by Social Security Administration Act 1992 (c. 5), s. 150(11)

[^c6658671]: S. 37: power to extend conferred (1.7.1992) by Social Security Contributions and Benefits Act 1992 (c. 4), ss. 62(1)(b), 177(4)

[^c21263711]: Words in s. 37(1) inserted (6.4.2005) by The Social Security (Graduated Retirement Benefit) Regulations 2005 (S.I. 2005/454), reg. 2(3)

[^c21264131]: Words in s. 37(1) substituted (6.4.2010) by virtue of The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), reg. 4(2) (with reg. 4(4))

[^c21264171]: Words in s. 37(1) omitted (6.4.2010) by virtue of The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), reg. 4(3) (with reg. 4(4))

[^c6658701]: Word in s. 37(2) (as continued in force by S.I. 1978/393, Sch. 1) substituted (1.10.1989) by S.I. 1989/1642, regs. 1, 5(2)(b)(ii)

[^c6658711]: Word in s. 37(2) (as continued in force by S.I. 1978/393, Sch. 1) repealed (1.10.1989) by S.I. 1989/1642, regs. 1, 5(2)(b)(i)

[^c6658721]: Act repealed with saving by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. 1, Sch. 3 para. 7; and ss. 36, 37, 118(1) continued in force (with modifications) by S.I. 1978/393, regs. 2, 3, Schs. 1, 2

[^c6658731]: Act repealed with saving by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. 1, Sch. 3 para. 7; and ss. 36, 37, 118(1) continued in force (with modifications) by S.I. 1978/393, regs. 2, 3, Schs. 1, 2

[^c6658741]: Act repealed with saving by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. 1, Sch. 3 para. 7; and ss. 36, 37, 118(1) continued in force (with modifications) by S.I. 1978/393, regs. 2, 3, Schs. 1, 2

[^c6658751]: Act repealed with saving by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. 1, Sch. 3 para. 7; and ss. 36, 37, 118(1) continued in force (with modifications) by S.I. 1978/393, regs. 2, 3, Schs. 1, 2

[^c6658761]: Act repealed with saving by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. 1, Sch. 3 para. 7; and ss. 36, 37, 118(1) continued in force (with modifications) by S.I. 1978/393, regs. 2, 3, Schs. 1, 2

[^c6658771]: Act repealed with saving by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. 1, Sch. 3 para. 7; and ss. 36, 37, 118(1) continued in force (with modifications) by S.I. 1978/393, regs. 2, 3, Schs. 1, 2

[^c6658781]: Act repealed with saving by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. 1, Sch. 3 para. 7; and ss. 36, 37, 118(1) continued in force (with modifications) by S.I. 1978/393, regs. 2, 3, Schs. 1, 2

[^key-7a7e0cfe6685786a58e300e12602b6f5]: S. 37(1) modified (13.3.2014) by The Social Security (Graduated Retirement Benefit) (Married Same Sex Couples) Regulations 2014 (S.I. 2014/76), regs. 1(1), 2(2)

[^key-de012f25d42844674e166c1fdd47f083]: Words in s. 37(1) inserted (E.W.) (with effect in accordance with reg. 2(1) of the amending S.I.) by The Social Security (Graduated Retirement Benefit) (Married Same Sex Couples) Regulations 2014 (S.I. 2014/76), regs. 1(1), 2(1); and inserted (S.) (16.12.2014) (S.) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 5(1)

[^key-22fb3e3881639544cfe17cc9fcdb4836]: S. 37(1) modified (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 5(2)

[^key-d691a04eab86727a8b95d7b1a7587004]: Words in s. 36(7) (so far as continuing in force) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 53(2) (with Sch. 12 para. 87(1)(2))

[^key-d69e9198370c29cd68c42ced00a9bc1d]: Words in s. 36(8) (so far as continuing in force) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 53(3) (with Sch. 12 para. 87(1)(2))

[^M_F_4478ee51-3d8b-4b64-b804-17cda44a6d95]: Act repealed with saving by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. 1, Sch. 3 para. 7; and ss. 36, 37, 118(1) continued in force (with modifications) by S.I. 1978/393, regs. 2, 3, Schs. 1, 2

[^M_F_b1406e70-8492-4e27-a297-0cdb8e0a359a]: Act repealed with saving by Social Security (Consequential Provisions) Act 1975 (c. 18), s. 2, Sch. 1 Pt. 1, Sch. 3 para. 7; and ss. 36, 37, 118(1) continued in force (with modifications) by S.I. 1978/393, regs. 2, 3, Schs. 1, 2

[^M_F_90375b32-8487-4339-e971-43aee2177210]: Words in s. 36(9) (as continued in force by S.I. 1978/393, Sch. 1) substituted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 18

[^M_F_5029fa23-2f9a-4acf-9cb7-9aaa38ac23e1]: Words in s. 36(9) (as continued in force by S.I. 1978/393, Sch. 1) substituted (21.3.1997) by The Social Security (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/454), regs. 1(a), 5

[^M_F_6c9b169a-ea86-4802-a7b9-e6d8ac5dd0e7]: Words in s. 36(8) (so far as continuing in force) inserted (6.4.2005) by The Social Security (Graduated Retirement Benefit) Regulations 2005 (S.I. 2005/454), regs. 1(1), 2(2)(b)

[^M_F_d222e365-6df4-4a08-9142-f8f10f87e7e3]: Words in s. 37(1) (as continued in force by S.I. 1978/393, Sch. 1) substituted (5.12.2005) by The Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005 (S.I. 2005/3078), regs. 1(1)(c), 2(4)(a)(ii)(aa)

[^M_F_53ddc48f-65e0-4757-818e-a3ce6a23a44e]: Words in s. 37(1) (as continued in force by S.I. 1978/393, Sch. 1) inserted (5.12.2005) by The Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005 (S.I. 2005/3078), regs. 1(1)(c), 2(4)(a)(ii)(bb)

[^M_F_683a6fc9-d9a7-4140-b19d-c01b8079f460]: Words in s. 37(2) (as continued in force by S.I. 1978/393, Sch. 1) inserted (5.12.2005) by The Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005 (S.I. 2005/3078), regs. 1(1)(c), 2(4)(b)

[^M_F_a64ef697-38f1-4160-ab17-728fcaff4323]: Words in s. 37(3) (as continued in force by S.I. 1978/393, Sch. 1) inserted (5.12.2005) by The Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005 (S.I. 2005/3078), regs. 1(1)(c), 2(4)(c)

[^M_F_7e52812e-f559-4112-8dfc-c6de7e37d170]: Words in s. 37(4) (as continued in force by S.I. 1978/393, Sch. 1) inserted (5.12.2005) by The Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005 (S.I. 2005/3078), regs. 1(1)(c), 2(4)(d)(i)

[^M_F_b2ebb3d5-fb8b-4ad8-89a8-1a3a255cf610]: Words in s. 37(4) (as continued in force by S.I. 1978/393, Sch. 1) inserted (5.12.2005) by The Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005 (S.I. 2005/3078), regs. 1(1)(c), 2(4)(d)(ii)

[^M_F_e15bd0bc-bb54-4304-f9b4-94048c88e037]: Words in s. 37(4) (as continued in force by S.I. 1978/393, Sch. 1) inserted (5.12.2005) by The Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005 (S.I. 2005/3078), regs. 1(1)(c), 2(4)(d)(iii)

[^M_C_8ea8d787-ccdf-4191-8827-987aac7d72fe]: S. 36(4): power to replace s. 36(4) conferred (1.7.1992) by Social Security Contributions and Benefits Act 1992 (c. 4), ss. 62(1)(a), 177(4)

[^key-ae80ea178e9f932b19d124b49ee89935]: S. 37(1): sums amended (with effect in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2022 (S.I. 2022/292), arts. 1(3)(c), 12(4)

[^key-5451da082f04221f8bd65e6bb97a88a6]: S. 37(1): sums amended (with effect in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(c), 12(4)

[^key-9b61a61a6159fe15b0821a7c1fca1c66]: S. 37(1): sums amended (coming into force in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(c), 11(4)

[^key-7680f574ff68d0cb17e0d98c5e0c191a]: S. 37(1): sums amended (coming into force in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(c), 11(4)

[^key-0d866989c1db8f6625560c6b55a1720a]: Sum in S. 36(1) substituted (coming into force in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(c), 11(1)

[^M_F_35019fde-c785-44e4-e119-5f54d340440e]: Words in s. 36(1) (as continued in force by S.I. 1978/393, Sch. 1) substituted (as from 1.10.1989) by S.I. 1989/1642, reg. 5(2)(a)(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .