The Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations 2011

Amendment of the Jobseeker’s Allowance Regulations 1996

2.  After regulation 45A of the Jobseeker’s Allowance Regulations 1996(1) (the contribution-based conditions and relevant earnings) insert—

“Relaxation of the first set of conditions

45B.— (1) A claimant who also satisfies the condition in paragraph (2) is to be taken to satisfy the first set of conditions(2) if the claimant has—

(a) paid Class 1 contributions before the relevant benefit week in respect of any one tax year; and

(b) earnings at the lower earnings limit in that tax year on which primary Class 1 contributions have been paid or treated as paid which in total, and disregarding any earnings which exceed the lower earnings limit for that year, are not less than that limit multiplied by 26.

(2) The condition referred to in paragraph (1) is that the claimant, in respect of any week during the last complete tax year preceding the relevant benefit year, is entitled to be credited with earnings in accordance with regulation 9E of the Social Security (Credits) Regulations 1975(3) (credits for certain spouses and civil partners of members of Her Majesty’s forces).”.

(1)

S.I. 1996/207. Regulation 45A was inserted by regulation 2 of S.I. 2010/2446.

(2)

“The first set of conditions” is defined for the purpose of section 2(3B) of the Jobseekers Act 1995 (the enabling power) in section 2(3C) of that Act, which was also inserted by section 12(5) of the 2009 Act.

(3)

S.I 1975/556. Regulation 9E was inserted by regulation 2(3) of S.I. 2010/385.