SCHEDULES

SCHEDULE 3 Contribution Conditions for Entitlement to Benefit

Part I The Conditions

F1Short-term incapacity benefit

Annotations:
Amendments (Textual)
F1

Cross-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

C12

1

The contribution conditions for F2short-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 F3period of incapacity for work which includes the relevant time.

F47

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.