# The Social Security (Effect of Family Credit on Earnings Factors) Regulations 1995

S.I. 1995/2559 · made 2 October 1995 · revised to 1 January 2014

These Regulations are made for the purposes of section 45A of the Social Security Contributions and Benefits Act 1992, which provides for family credit and disability working allowance to be taken into account when calculating the additional pension in a Category A retirement pension. They make provision, in a case where family credit is paid to one of a married or unmarried couple, as to which member of the couple the section applies to.

PDFs: Printed copy https://openlegislation.uk/social-security-effect-of-family-credit-on-earnings-factors-regulations-1995/pdf/uksi_19952559_301114_en.pdf

## Introductory text

SOCIAL SECURITY
Made 2nd October 1995
Laid before Parliament 6th October 1995
Coming into force 1st November 1995
The Secretary of State for Social Security, in exercise of the powers conferred by sections 45A(2), 122(1) and 175(1) to (3) of the Social Security Contributions and Benefits Act 1992 and of all other powers enabling him in that behalf, by this instrument, which contains only regulations made in consequence of section 127 of the Pensions Act 1995, hereby makes the following Regulations:

## 1 Citation and commencement

These Regulations may be cited as the Social Security (Effect of Family Credit on Earnings Factors) Regulations 1995 and shall come into force on 1st November 1995.

## 2 Prescribed member of a married or unmarried couple for the purposes of section 45A of the Social Security Contributions and Benefits Act 1992

For the purposes of section 45A of the Social Security Contributions and Benefits Act 1992 (which provides for disabled person’s tax credit and working families' tax credit to be taken into account in the calculation of the additional pension in a Category A retirement pension) where working families' tax credit is paid to one of a married or unmarried couple, the prescribed member of the couple referred to in subsection (2)(a) of that section is—
(a) where only one member is assessed for the purposes of the award of working families' tax credit as having income consisting of earnings, that member;
(b) where both members are so assessed, the member with the higher earnings; or
(c) where the earnings of each member are assessed as equal, the member to whom working families' tax credit is paid.

## Signature

Signed by the authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security

## Explanatory note

(This note is not part of the Regulations)
These Regulations are made for the purposes of section 45A of the Social Security Contributions and Benefits Act 1992, which provides for family credit and disability working allowance to be taken into account when calculating the additional pension in a Category A retirement pension. They make provision, in a case where family credit is paid to one of a married or unmarried couple, as to which member of the couple the section applies to.
These Regulations are made in consequence of section 127 of the Pensions Act 1995 (which inserted section 45A) and before the expiry of 6 months from the coming into force of that provision. They are accordingly exempt by section 173(5)(b) of the Social Security Administration Act 1992 from reference to the Social Security Advisory Committee.
These Regulations do not impose any costs on business.

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Source: https://www.legislation.gov.uk/uksi/1995/2559 (the official version)
Page: https://openlegislation.uk/social-security-effect-of-family-credit-on-earnings-factors-regulations-1995
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.