{
  "url": "https://openlegislation.uk/social-security-national-insurance-credits-amendment-regulations-northern-ireland-2007/regulation-2",
  "json_url": "https://openlegislation.uk/social-security-national-insurance-credits-amendment-regulations-northern-ireland-2007/regulation-2.json",
  "legislation": "nisr/2007/395",
  "legislation_title": "The Social Security (National Insurance Credits) (Amendment) Regulations (Northern Ireland) 2007",
  "legislation_url": "https://openlegislation.uk/social-security-national-insurance-credits-amendment-regulations-northern-ireland-2007",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Amendment of the Social Security (Credits) Regulations",
  "text": "After regulation 8C of the Social Security (Credits) Regulations (Northern Ireland) 1975, insert—\n“Credits for the purposes of entitlement to incapacity benefit following official error\n8D. (1) This regulation applies for the purpose only of enabling a person who was previously entitled to incapacity benefit to satisfy the condition referred to in paragraph 2(3)(a) of Schedule 3 to the Contributions and Benefits Act in respect of a subsequent claim for incapacity benefit where his period of incapacity for work is, together with a previous period of incapacity for work, to be treated as one period of incapacity for work under section 30C of that Act.\n(2) Where—\n(a) a person was previously entitled to incapacity benefit;\n(b) the award of incapacity benefit was as a result of satisfying the condition referred to in paragraph (1) by virtue of being credited with earnings for incapacity for work or approved training in the years from 1993-94 to 2007-08;\n(c) some or all of those credits were credited by virtue of official error derived from the failure to transpose correctly information relating to those credits from the Department for Work and Pensions’ Pension Strategy Computer System to Her Majesty’s Revenue and Customs’ computer system (National Insurance Recording System 2) or from related clerical procedures;\n(d) that person makes a further claim for incapacity benefit; and\n(e) his period of incapacity for work is, together with the period of incapacity for work to which his previous entitlement referred to in sub-paragraph (a) related, to be treated as one period of incapacity for work under section 30C of the Contributions and Benefits Act,\nthat person shall be credited with such earnings as may be required to enable the condition referred to in paragraph (1) to be satisfied.\n(3) In this regulation and regulations 8E and 8F, “official error” means an error made by—\n(a) an officer of the Department or the Department for Work and Pensions or an officer of Revenue and Customs acting as such which no person outside those Departments or Her Majesty’s Revenue and Customs caused or to which no person outside those Departments or Her Majesty’s Revenue and Customs materially contributed; or\n(b) a person employed by a service provider and to which no person who was not so employed materially contributed,\nbut excludes any error of law which is shown to have been an error by virtue of a subsequent decision of a Commissioner or a court.\n(4) In paragraph (3)—\n“Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner and includes a tribunal of two or more Commissioners constituted under Article 16(7) of the Social Security (Northern Ireland) Order 1998;\n“service provider” means a person providing services to the Department, the Department for Work and Pensions or Her Majesty’s Revenue and Customs.\nCredits for the purposes of entitlement to retirement pension following official error\n8E. (1) This regulation applies for the purpose only of enabling the condition referred to in paragraph 5(3)(a) of Schedule 3 to the Contributions and Benefits Act to be satisfied in respect of a claim for retirement pension made by a person (“the claimant”)—\n(a) who would attain pensionable age no later than 31st May 2008;\n(b) not falling within sub-paragraph (a) but based on the satisfaction of that condition by another person—\n(i) who would attain, or would have attained, pensionable age no later than 31st May 2008, or\n(ii) in respect of whose death the claimant received a bereavement benefit.\n(2) Where—\n(a) a person claims retirement pension;\n(b) the satisfaction of the condition referred to in paragraph (1) would be based on earnings credited for incapacity for work or approved training in the years from 1993-94 to 2007-08; and\n(c) some or all of those credits were credited by virtue of official error derived from the failure to transpose correctly information relating to those credits from the Department for Work and Pensions’ Pension Strategy Computer System to Her Majesty’s Revenue and Customs’ computer system (National Insurance Recording System 2) or from related clerical procedures,\nthose earnings shall be credited.\n(3) In this regulation, “bereavement benefit” means a bereavement allowance, a widowed mother’s allowance, a widowed parent’s allowance or a widow’s pension.\nCredits for the purposes of entitlement to contribution-based jobseeker’s allowance following official error\n8F. (1) This regulation applies for the purpose only of enabling a person to satisfy the condition referred to in Article 4(1)(b) of the Jobseekers (Northern Ireland) Order 1995 (the contribution-based conditions).\n(2) Where—\n(a) a person claims a jobseeker’s allowance;\n(b) the satisfaction of the condition referred to in paragraph (1) would be based on earnings credited for incapacity for work or approved training in the years from 1993-94 to 2007-08; and\n(c) some or all of those credits were credited by virtue of official error derived from the failure to transpose correctly information relating to those credits from the Department for Work and Pensions’ Pension Strategy Computer System to Her Majesty’s Revenue and Customs’ computer system (National Insurance Recording System 2) or from related clerical procedures,\nthat person shall be credited with those earnings.”.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 2 in operation at 1.10.2007, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.R. 1975 No. 113; regulation 8C was inserted by regulation 3(7) of S.R. 2001 No.108"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 30C was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and amended by paragraph 37 of Schedule 3 to the Tax Credits Act 2002"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Paragraph 5(3)(a) was amended by Article 126 of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "S.I. 1995/2705 (N.I. 15); Article 4(1) was amended by paragraph 4 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)). Sub-paragraph (b) was modified by regulations 159 and 166 of S.R. 1996 No. 198 as amended by regulation 13(9) and (10) of S.R. 2006 No. 359"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2007/395/regulation/2",
    "retrieved_at": "2026-10-29T01:39:20.331429+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}