C1

C1

C2C3 Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

C3

Pt. 2: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(1)(2)(6)(h), 89(4)(a) (with s. 52(7))

Preliminary

21 Contribution conditions.

1

Entitlement to any of the benefits specified in section 20(1) above, F1other than F8short-term incapacity benefit under subsection (1)(b) of section 30A below, long-term incapacity benefit under F8subsection (5) of that sectionF6, maternity allowance under section 35 F16or 35B below or short-term or long-term incapacity benefit under section 40 or 41 belowF3or a shared additional pension under section 55A F17or 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

F4. . .

F4. . .

F2Short-term incapacity benefit under section F930A(1)(a) below

Class 1 or 2

F7. . .

F7. . .

Other benefits

F18. . .

F18. . .

Widowed mother’s allowance

Class 1, 2 or 3

F10Widowed parent’s allowance

Class 1, 2 or 3

F18. . .

F18. . .

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.

F194

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F13so 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.

F55A

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) F11, (2A) and (3)(a), 23(3)(a), 24(2)(a), F1244(6)(za) and (a)F14... below; and

c

paragraphs 2(4)(a) and (5)(a), 4(2)(a), 5(2)(b) and (4)(a) F15, 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.