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Social Security Contributions and Benefits (Northern Ireland) Act 1992, Section 21 is up to date with all changes known to be in force on or before 06 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Entitlement to any benefit specified in section 20(1) above, [F1other than [F2short-term incapacity benefit under subsection (1)(b) of section 30A below,] long-term incapacity benefit under section [F3subsection (5) of that section][F4, maternity allowance under section 35 [F5or 35B] below] or short-term or long-term incapacity benefit under section 40 or 41 below][F6or a shared additional pension under section 55A [F7or 55AA] below], depends on contribution conditions being satisfied (either by the claimant or by some other person, according to the particular benefit).
(2)The class or classes of contribution which, for the purposes of subsection (1) above, are relevant in relation to each of those benefits are as follows—
Short-term benefit | |
---|---|
F8. . . | F8. . . |
[F9Short-term incapacity benefit under section [F1030A(1)(a)] below] | Class 1 or 2 |
[F11Maternity allowance] | [F11Class 1 or 2] |
Other benefits | |
F12. . . | F12. . . |
Widowed mother’s allowance | Class 1, 2 or 3 |
[F13Widowed parent’s allowance | Class 1, 2 or 3] |
F12. . . | F12. . . |
Widow’s pension | Class 1, 2 or 3 |
Category A retirement pension | Class 1, 2 or 3 |
Category B retirement pension | Class 1, 2 or 3 |
Child’s special allowance | Class 1, 2 or 3 |
(3)The relevant contribution conditions in relation to the benefits specified in subsection (2) above are those specified in Part I of Schedule 3 to this Act.
F14(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In subsection (4) above and Schedule 3 to this Act—
(a)“the contributor concerned”, for the purposes of any contribution condition, means the person by whom the condition is to be satisfied;
(b)“a relevant class”, in relation to any benefit, means a class of contributions specified in relation to that benefit in subsection (2) above;
(c)“the earnings factor”—
(i)where the year in question is 1987-88 or any subsequent tax year, means, in relation to a person, the aggregate of his earnings factors derived from [F15so much of his earnings as did not exceed the upper earnings limit and] upon which primary Class 1 contributions have been paid or treated as paid and from his Class 2 and Class 3 contributions; and
(ii)where the year in question is any earlier tax year, means, in relation to a person’s contributions of any class or classes, the aggregate of his earnings factors derived from all those contributions;
(d)except in the expression “benefit year”, “year” means a tax year.
[F16(5A)Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, the following provisions, namely—
(a)subsection (5)(c) above;
(b)sections 22(1)(a) [F17, (2A)] and (3)(a), 23(3)(a), 24(2)(a), [F1844(6)(za) and (a)] F19... below; and
(c)paragraphs 2(4)(a) and (5)(a), 4(2)(a), 5(2)(b) and (4)(a) [F20, 5A(3)(a)] and 7(4)(a) of Schedule 3 to this Act,
shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.]
(6)In this Part of this Act “benefit year” means a period—
(a)beginning with the first Sunday in January in any calendar year, and
(b)ending with the Saturday immediately preceding the first Sunday in January in the following calendar year;
but for any prescribed purposes of this Part of this Act “benefit year” may by regulations be made to mean such other period (whether or not a period of 12 months) as may be specified in the regulations.
Textual Amendments
F1Words in s. 21(1) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 3(2); S.R. 1994/450, art. 2(d), Sch. Pt. IV
F2Words in s. 21(1) inserted (3.11.2000 for specified purposes and 6.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 para. 20(a); S.R. 2000/332, art. 2(3)(e)(4)(5)
F3S. 21(1): By S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 para. 20(a); S.R. 2000/332, art. 2(3)(e)(4)(5) it is provided that, for the words "30A below", there are substituted (3.11.2000 for specified purposes and 6.4.2001 otherwise) the words "subsection (5) of that section"
F4Words in s. 21(1) inserted (12.1.2000 and 2.4.2000 for specified purposes and otherwise prosp.) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 Pt. VI para. 29(2); S.R. 1999/494, art. 2(1)(b)
F5Words in s. 21(1) inserted (1.4.2014 with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations (Northern Ireland) 2014 (S.R. 2014/102), regs. 1(1), 2(2)
F6Words in s. 21(1) inserted (1.12.2000) by S.I. 1999/3147 (N.I. 11), art. 74, Sch. 9 para. 6; S.R. 2000/133, art. 2(3)(d), Sch. Pt. IV
F7Words in s. 21(1) inserted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 11 para. 2
F8Entry in s. 21(2) repealed (7.10.1996) by S.I. 1995/2705 (N.I. 15), art. 40(2), Sch. 3; S.R. 1996/401, art. 2
F9Words in s. 21(2) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 3(3); S.R. 1994/450, art. 2(d), Sch. Pt. IV
F10Words in s. 21(2) substituted (3.11.2000 for specified purposes and 6.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 para. 20(b); S.R. 2000/332, art. 2(3)(e)(4)(5)
F11Entry in s. 21(2) repealed (12.1.2000 and 2.4.2000 for specified purposes and otherwise prosp.) by S.I. 1999/3147 (N.I. 11), arts. 67, 76, Sch. 8 Pt. VI para. 29(3), Sch. 10 Pt. V; S.R. 1999/494, art. 2(1)(b)(c)(i)
F12Words in s. 21(2) omitted (6.4.2017) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 16 para. 4(2); S.R. 2017/44, art. 2(2) (with arts. 3, 4)
F13Entries in s. 21(2) inserted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 para. 3(2)(b); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I
F14S. 21(4) omitted (6.4.2017) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 16 para. 4(3); S.R. 2017/44, art. 2(2) (with arts. 3, 4)
F15Words in s. 21(5)(c)(i) substituted (with effect for 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), ss. 6, 8(2), Sch. 1 para. 25
F16S. 21(5A) inserted (6.4.1999) by S.I. 1998/1506 (N.I. 10), art. 78(1), Sch. 6 para. 42; S.R. 1999/72, art. 2(b), Sch.
F17Words in s. 21(5A)(b) inserted (8.1.2001, 1.2.2001 for specified purposes and 6.4.2002 otherwise) by 2000 c. 4 (N.I.), s. 33(2)(a); S.R. 2000/358, art. 2(e), Sch. Pt. IV (as amended by S.R. 2000/374, art. 3); S.R. 2001/34, art. 2(a)
F18Words in s. 21(5A)(b) substituted (8.1.2001, 1.2.2001 for specified purposes and 6.4.2002 otherwise) by 2000 c. 4 (N.I.), s. 33(2)(b); S.R. 2000/358, art. 2(e), Sch. Pt. IV (as amended by S.R. 2000/374, art. 3); S.R. 2001/34, art. 2(a)
F19Words in s. 21(5A)(b) repealed (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (with savings in S.R. 2003/212, art. 2)
F20Word in s. 21(5A)(c) inserted (3.1.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), s. 118(1), Sch. 3 para. 2 (with s. 73); S.R. 2011/441, art. 2(c)(ii)
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