The State Pension Regulations 2015

[F1 Credits for persons providing care for a child under the age of 12 U.K.

35.— (1) Subject to paragraphs (3) and (4), a person is to be credited with a Class 3 contribution in respect of a week (“the relevant week”) in which the conditions in paragraph (2) are satisfied.

(2) The conditions are that in the relevant week the person—

(a) provided care in respect of a child under the age of 12,

(b) is, in relation to that child, a person specified in paragraph (6), and

(c) was ordinarily resident in Great Britain.

[F2 (3) The person (‘A’) referred to in paragraph (1) is not entitled to be credited with a Class 3 contribution unless—

(a) child benefit was awarded to another person (‘B’) in respect of—

(i) the child, or each child, for whom A provided care, and

(ii) the week in which A provided that care,

(b) B’s earnings factors, other than those derived from a Class 3 contribution credit awarded under regulation 34, exceed the qualifying earnings factor for the year in which the relevant week falls, and

(c) A makes an application to the Secretary of State to be so credited in accordance with paragraph (5) and regulation 39.

(4) Where the requirements relating to the provision of care by A in paragraph (3)(a)(i) can be satisfied by more than one person in respect of a week in which B was awarded child benefit—

(a) those persons shall elect, with the agreement of B, which of them is to be credited with a Class 3 contribution credit (and then only the elected person is to be so credited), or

(b) the Secretary of State is to exercise his discretion to determine which of those persons is to be credited with that contribution, in default of the agreement referred to in sub-paragraph (a).]

(5) An application under paragraph [F3 (3)(c)] must—

(a) include the name and date of birth of the child [F4 , or each child,] cared for,

(b) where requested by the Secretary of State or the Commissioners for Her Majesty’s Revenue and Customs, include a declaration by B that the conditions in paragraph (2) are satisfied, and

(c) specify the relevant week or weeks in which the child [F5 , or each child,] was cared for.

(6) The person specified in paragraph (2)(b) is—

(a) a non-resident parent;

(b) a grandparent;

(c) a great-grandparent;

(d) a great-great-grandparent;

(e) a sibling;

(f) a parent’s sibling;

(g) a spouse or former spouse of any persons listed in sub-paragraphs (a) to (f);

(h) a civil partner or former civil partner of any persons listed in sub-paragraphs (a) to (f);

(i) a partner or former partner of any persons listed in sub-paragraphs (a) to (h);

(j) a son or daughter of any persons listed in sub-paragraphs (e) to (i);

(k) in respect of a son or daughter of a person listed in sub-paragraph (f), that person’s—

(i) spouse or former spouse,

(ii) civil partner or former civil partner, or

(iii) partner or former partner.

(7) For the purposes of paragraph (6)(e) and (f), a sibling includes a sibling of the half blood, a step sibling and an adopted sibling.

(8) For the purposes of paragraph (6)(i) and (k)(iii), a partner is a person who is the other member of a couple who are not married to, or civil partners of, each other but are living together [F6 as if they were a married couple or civil partners].]

Textual Amendments

F1 Pt. 8 inserted (6.4.2016 coming into force in accordance with reg. 1) by The State Pension (Amendment) (No. 2) Regulations 2016 (S.I. 2016/240), regs. 1, 2

F2 Reg. 35(3)(4) substituted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 17(2)

F3 Word in reg. 35(5) substituted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 17(3)(a)

F4 Words in reg. 35(5)(a) inserted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 17(3)(b)

F5 Words in reg. 35(5)(c) inserted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 17(3)(b)

F6 Words in reg. 35(8) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 100