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HMRC internal manual

National Insurance Manual

Credits: post 1975 credits for stayed credits

Regulation 9D of the Social Security (Credits) Regulations 1975 (SI No 556)

Since 26 March 2001,,a person who has been detained under a custodial sentence may be awarded Class 1 “credits”, which can be taken into account for all contributory benefits, for a period of legal detention if:

  • the conviction (or convictions) under which they were held is quashed on appeal at the Crown Court, Court of Appeal, or High Court of Justiciary.
  • they apply in writing to NICE&O Decision Making Team, and
  • they do not continue to be detained under another conviction.

This regulation applies only to those who have been convicted of a crime, been imprisoned because of that conviction and that conviction (or convictions) have subsequently been quashed A person who has been detained on remand, not following conviction, and is subsequently found “not guilty” is not entitled to “credits” for the period of detention. Nor is a person who has had a sentence reduced on appeal

Married woman or widow

A woman with a married woman’s reduced rate election who has been imprisoned for 2 years or more and lost her right to a reduced rate election as a result of that imprisonment, and whose conviction is subsequently quashed can receive credits for the whole period of imprisonment. This includes the period that her reduced rate election is valid.