NIM41270 - Credits: post-1975 credited earnings: Credits for spouses and civil partners of HM Forces

Regulations 28 & 33 of Part 8 State Pension Regulations 2015 (SI 2015 No. 173)

Regulations 28 and 33 were introduced from 6 April 2016 by The State Pension (Amendment) (No. 2) Regulations 2016 (SI 2016 No. 240).

They provide for Class 3 National Insurance (NI) credits to be awarded for weeks on or after 6 April 1975 for any part of which a person (who reaches State Pension age on or after 6 April 2016) is, or is treated by the Secretary of State (SoS) as being:

  • the spouse or civil partner of a member of HM forces, and
  • accompanying the member of HM forces on an assignment outside the United Kingdom.

Regulation 28(3) applies to a week which falls within a year beginning on or after 6 April 1975 and ending before 6 April 2016 only.

Regulation 33(3) applies to a week which falls within a year beginning on or after 6 April 2016.

A credit can only be awarded if an application is made to the SoS. The application must be completed on a form, or in a manner, approved by the SoS and must include:

  • a statement signed by or on behalf of the Defence Council, or a person authorised by them, to confirm the conditions are met; and
  • any other information required by the SoS

The application may only be made in respect of a past period. There are no time limit restrictions as to when an application must be made by.

The member of HM forces must also have been liable for, or credited with, UK NI contributions for the period in which an application is made.

Regulations 28(4)(a) and 33(4)(a) provide that where a person is entitled to a credit under Regulation 7A (carer’s allowance), 8A (unemployment), 8B (incapacity or limited capability for work) or 9E (credits for certain spouses and civil partners of HM Forces, see NIM41265) of the Social Security (Credits) Regulations 1975, they cannot be awarded a Class 3 credit in respect of that week.

Credits cannot be awarded to a woman for any week in which she had a valid reduced rate election, see NIM30000.