Section 21(3) and (4).
F11N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 3 para. 1 repealed (7.10.1996) by S.I. 1995/2705 (N.I. 15), art. 40(2), Sch. 3; S.R. 1996/401, art. 2(b)
Textual Amendments
F2Cross-heading substituted (13.4.1995) by virtue of S.I. 1994/1898 (N.I. 12), art. 3(2) (with art. 15(1)); S.R. 1994/450, art. 2(d), Sch. Pt. IV
2(1)The contribution conditions for [F3short-term incapacity benefit] are the following.
(2)The first condition is that—
(a)the claimant must have actually paid contributions of a relevant class in respect of any one year, and those contributions must have been paid before the relevant time; and
(b)the earnings factor derived as mentioned in sub-paragraph (4) below must be not less than that year’s lower earnings limit multiplied by 25.
(3)The second condition is that—
(a)the claimant must in respect of the last two complete years before the beginning of the relevant benefit year have either paid or been credited with contributions of a relevant class or been credited (in the case of 1987-88 or any subsequent year) with earnings; and
(b)the earnings factor derived as mentioned in sub-paragraph (5) below must be not less in each of those years than the year’s lower earnings limit multiplied by 50.
(4)The earnings factor referred to in paragraph (b) of sub-paragraph (2) above is that which is derived—
(a)if the year in question is 1987-88 or any subsequent year—
(i)from earnings upon which primary Class 1 contributions have been paid or treated as paid; or
(ii)from Class 2 contributions; or
(b)if the year in question is an earlier year, from the contributions paid as mentioned in paragraph (a) of that sub-paragraph.
(5)The earnings factor referred to in paragraph (b) of sub-paragraph (3) above is that which is derived—
(a)if the year in question is 1987-88 or any subsequent year—
(i)from earnings upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited; or
(ii)from Class 2 contributions; or
(b)if the year in question is an earlier year, from the contributions referred to in paragraph (a) of that sub-paragraph.
(6)For the purposes of these conditions—
(a)“the relevant time” is the day in respect of which benefit is claimed;
(b)“the relevant benefit year” is the benefit year in which there falls the beginning of the [F4period of incapacity for work] which includes the relevant time.
[F5(7)Where a person makes a claim for incapacity benefit and does not satisfy the second contribution condition (specified in sub-paragraph (3) above) and, in a later benefit year in which he would satisfy that condition had no such claim been made, he makes a further claim for incapacity benefit, the previous claim shall be disregarded.]
Textual Amendments
F3Words in Sch. 3 para. 2(1) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 3(2) (with art. 15(1)); S.R. 1994/450, art. 2(d), Sch. Pt. IV
F4Words in Sch. 3 para. 2(6)(b) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 38(2) (with art. 15(1)); S.R. 1994/450, art. 2(d), Sch. Pt. IV
F5Sch. 3 para. 2(7) added (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 5(2) (with art. 15(1)); S.R. 1994/450, art. 2(d), Sch. Pt. IV
Modifications etc. (not altering text)
C1Sch. 3 para. 2 modified (13.4.1995) by S.R. 1995/35, reg. 14(1)
3(1)Subject to sub-paragraph (2) below, the contribution condition for a maternity allowance is—
(a)that the claimant must, in respect of at least 26 weeks in the [F666 weeks immediately preceding] the expected week of confinement, have actually paid contributions of a relevant class; and
(b)in the case of Class 1 contributions, that they were not secondary contributions and were paid otherwise than at the reduced rate.
(2)In the case of a claimant who is or has been paid otherwise than weekly, any week—
(a)in respect of which she did not pay contributions of a relevant class; but
(b)for which her earnings were such that, had she been paid weekly, she would have been required to pay primary Class 1 contributions in respect of that week; and
(c)for which no such election as is mentioned in section 19(4)(a) above was in force in her case,
shall be treated for the purposes of sub-paragraph (1) above as a week in respect of which she actually paid such contributions otherwise than at a reduced rate.
(3)For the purposes of sub-paragraph (2) above, the amount of the claimant’s earnings for any week shall be determined in accordance with regulations.
Textual Amendments
F6Words in Sch. 3 para. 3(1)(a) substituted (with effect in any case where the expected week of confinement begins on or after 16.10.1994) by S.R. 1994/176, regs. 1(2), 2(4)
4(1)The contribution condition for a widow’s payment is that—
(a)the contributor concerned must in respect of any one relevant year have actually paid contributions of a relevant class; and
(b)the earnings factor derived as mentioned in sub-paragraph (2) below must be not less than that year’s lower earnings limit multiplied by 25.
(2)The earnings factor referred to in paragraph (b) of sub-paragraph (1) above is that which is derived—
(a)if the year in question is 1987-88 or any subsequent year, from earnings upon which primary Class 1 contributions have been paid or treated as paid and from Class 2 and Class 3 contributions, or
(b)if the year in question is an earlier year, from the contributions referred to in paragraph (a) of that sub-paragraph.
(3)For the purposes of this condition a relevant year is any year ending before the date on which the contributor concerned attained pensionable age or died under that age.
5(1)The contribution conditions for a widowed mother’s allowance, a widow’s pension or a Category A or Category B retirement pension are the following.
(2)The first condition is that—
(a)the contributor concerned must in respect of any one relevant year have actually paid contributions of a relevant class; and
(b)the earnings factor derived—
(i)if that year is 1987-88 or any subsequent year, from earnings upon which such of those contributions as are primary Class 1 contributions were paid or treated as paid and any Class 2 or Class 3 contributions, or
(ii)if that year is an earlier year, from the contributions referred to in paragraph (a) above,
must be not less than the qualifying earnings factor for that year.
(3)The second condition is that—
(a)the contributor concerned must, in respect of each of not less than the requisite number of years of his working life, have paid or been credited with contributions of a relevant class [F7or been credited (in the case of 1987-88 or any subsequent year) with earnings]; and
(b)in the case of each of those years, the earnings factor derived as mentioned in sub-paragraph (4) below must be not less than the qualifying earnings factor for that year.
(4)For the purposes of paragraph (b) of sub-paragraph (3) above, the earnings factor—
(a)in the case of 1987-88 or any subsequent year, is that which is derived from—
(i)any earnings upon which such of the contributions mentioned in paragraph (a) of that sub-paragraph as are primary Class 1 contributions were paid or treated as paid or earnings credited; and
(ii)any Class 2 or Class 3 contributions for the year; or
(b)in the case of any earlier year, is that which is derived from the contributions mentioned in paragraph (a) of that sub-paragraph.
(5)For the purposes of the first condition, a relevant year is any year ending before that in which the contributor concerned attained pensionable age or died under that age; and the following table shows the requisite number of years for the purpose of the second condition, by reference to a working life of a given duration—
| Duration of working life | Requisite number of years |
|---|---|
| 10 years or less | The number of years of the working life, minus 1. |
| 20 years or less (but more than 10) | The number of years of the working life, minus 2. |
| 30 years or less (but more than 20) | The number of years of the working life, minus 3. |
| 40 years or less (but more than 30) | The number of years of the working life, minus 4. |
| More than 40 years | The number of years of the working life, minus 5. |
(6)The first condition shall be taken to be satisfied if the contributor concerned was entitled to [F8long-term incapacity benefit] at any time during—
(a)the year in which he attained pensionable age or died under that age, or
(b)the year immediately preceding that year.
(7)The second condition shall be taken to be satisfied notwithstanding that paragraphs (a) and (b) of sub-paragraph (3) above are not complied with as respects each of the requisite number of years if—
(a)those paragraphs are complied with as respects at least half that number of years F9. . .; and
(b)in each of the other years the contributor concerned was, within the meaning of regulations, precluded from regular employment by responsibilities at home.
(8)For the purposes of [F10Parts I to VI of this Act] a person’s working life is the period between—
(a)(inclusive) the tax year in which he attained the age of 16; and
(b)(exclusive) the tax year in which he attained pensionable age or died under that age.
Textual Amendments
F7Words in Sch. 3 para. 5(3)(a) inserted (16.12.1995 subject to Sch. 2 of the amending S.I.) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 126
F8Words in Sch. 3 para. 5(6) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 38(3) (with art. 15(1)); S.R. 1994/450, art. 2(d), Sch. Pt. IV
F9Words in Sch. 3 para. 5(7)(a) repealed (16.12.1995 with effect in relation to any person attaining pensionable age on or after 6.4.2010) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 123, 168, Sch. 2 Pt. II para. 4, Sch. 5 Pt. II
F10Words in Sch. 3 para. 5(8) substituted (16.12.1995 subject to Sch. 2 of the amending S.I.) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 131(5)
6(1)The contribution condition for a child’s special allowance is that—N.I.
(a)the contributor concerned must in respect of any one relevant year have actually paid contributions of a relevant class; and
(b)the earnings factor derived from those contributions must be not less than that year’s lower earnings limit multiplied by 50.
(2)For the purposes of this condition, a relevant year is any year ending before the date on which the contributor concerned attained pensionable age or died under that age.
7(1)Sub-paragraph (3) below shall apply where a claim is made for a widow’s payment and the last complete year before the beginning of the benefit year in which the relevant time falls was either—
(a)the year in which the contributor concerned first became liable for primary Class 1 or Class 2 contributions; or
(b)the year preceding that in which he first became so liable.
(2)The relevant time for the purposes of this paragraph is the date on which the contributor concerned attained pensionable age or died under that age.
(3)For the purposes of satisfaction by the contributor concerned of paragraph (b) of the contribution condition for a widow’s payment, all earnings factors falling within sub-paragraph (4) below may be aggregated and that aggregate sum shall be treated as his earnings factor for the last complete year before the beginning of the benefit year in which the relevant time falls.
(4)The earnings factors referred to in sub-paragraph (3) above are—
(a)the contributor’s earnings factors for 1987-88 and each subsequent year derived from the aggregate of his earnings upon which primary Class 1 contributions were paid or treated as paid and from Class 2 contributions actually paid by him before the relevant time; and
(b)his earnings factors for each earlier year, derived from his contributions of a relevant class actually paid by him before the relevant time.
8N.I.Where a person claims [F11short-term incapacity benefit], he shall be taken to satisfy the first contribution condition for the benefit if on a previous claim for any short-term benefit he has satisfied the first contribution condition for that benefit, by virtue of paragraph 8 of Schedule 3 to the 1975 Act, with contributions of a class relevant to [F11short-term incapacity benefit].
Textual Amendments
F11Words in Sch. 3 para. 8 substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 38(4) (with art. 15(1)); S.R. 1994/450, art. 2(d), Sch. Pt. IV
9Where a woman claims a widow’s payment, the contributor concerned for the purposes of the claim shall be taken to satisfy the contribution condition for the payment if on a claim made in the past for any short-term benefit he has satisfied the first contribution condition for the benefit, by virtue of paragraph 8 of Schedule 3 to the 1975 Act, with contributions of a class relevant to widow’s payment.