Textual Amendments
F1Sch. 3: words in cross-heading preceding para. 5 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. 12(3); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I
5(1)The contribution conditions for a widowed mother’s allowance, [F2a widowed parent’s allowance, a bereavement allowance,] a widow’s pension or a Category A or Category B retirement pension [F3(other than one in relation to which paragraph 5A applies)] are the following.N.I.
(2)The first condition is that—
(a)the contributor concerned must in respect of any one relevant year have actually paid contributions of a relevant class; and
(b)the earnings factor derived—
(i)if that year is 1987-88 or any subsequent year, from [F4so much of the contributor’s earnings as did not exceed the upper earnings limit and] upon which such of those contributions as are primary Class 1 contributions were paid or treated as paid and any Class 2 or Class 3 contributions, or
(ii)if that year is an earlier year, from the contributions referred to in paragraph (a) above,
must be not less than the qualifying earnings factor for that year.
(3)The second condition is that—
(a)the contributor concerned must, in respect of each of not less than the requisite number of years of his working life, have paid or been credited with contributions of a relevant class [F5or been credited (in the case of 1987-88 or any subsequent year) with earnings]; and
(b)in the case of each of those years, the earnings factor derived as mentioned in sub-paragraph (4) below must be not less than the qualifying earnings factor for that year.
(4)For the purposes of paragraph (b) of sub-paragraph (3) above, the earnings factor—
(a)in the case of 1987-88 or any subsequent year, is that which is derived from—
(i)[F6so much of the contributor’s earnings as did not exceed the upper earnings limit and] upon which such of the contributions mentioned in paragraph (a) of that sub-paragraph as are primary Class 1 contributions were paid or treated as paid or earnings credited; and
(ii)any Class 2 or Class 3 contributions for the year; or
(b)in the case of any earlier year, is that which is derived from the contributions mentioned in paragraph (a) of that sub-paragraph.
(5)For the purposes of the first condition, a relevant year is any year ending before that in which the contributor concerned attained pensionable age or died under that age; and the following table shows the requisite number of years for the purpose of the second condition, by reference to a working life of a given duration—
| Duration of working life | Requisite number of years |
|---|---|
| 10 years or less | The number of years of the working life, minus 1. |
| 20 years or less (but more than 10) | The number of years of the working life, minus 2. |
| 30 years or less (but more than 20) | The number of years of the working life, minus 3. |
| 40 years or less (but more than 30) | The number of years of the working life, minus 4. |
| More than 40 years | The number of years of the working life, minus 5. |
(6)The first condition shall be taken to be satisfied if the contributor concerned was entitled to [F7long-term incapacity benefit] at any time during—
(a)the year in which he attained pensionable age or died under that age, or
(b)the year immediately preceding that year.
[F8(6A)The first condition shall be taken to be satisfied if the contributor concerned was entitled to main phase employment and support allowance at any time during—
(a)the year in which he attained pensionable age or died under that age, or
(b)the year immediately preceding that year.
(6B)The reference in sub-paragraph (6A) above to main phase employment and support allowance is to an employment and support allowance in the case of which the calculation of the amount payable in respect of the claimant includes an addition under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act (Northern Ireland) 2007 (addition where conditions of entitlement to support component or work-related activity component satisfied).]
(7)The second condition shall be taken to be satisfied notwithstanding that paragraphs (a) and (b) of sub-paragraph (3) above are not complied with as respects each of the requisite number of years if—
(a)those paragraphs are complied with as respects at least half that number of years F9... ; and
(b)in each of the other years the contributor concerned was, within the meaning of regulations, precluded from regular employment by responsibilities at home.
[F10But nothing in this sub-paragraph applies in relation to any benefit to which section 23A above applies.]
[F11(7A)Regulations may provide that a person is not to be taken for the purposes of sub-paragraph (7)(b) above as precluded from regular employment by responsibilities at home unless he meets the prescribed requirements as to the provision of information to the Department.]
(8)For the purposes of [F12Parts I to VI of this Act] a person’s working life is the period between—
(a)(inclusive) the tax year in which he attained the age of 16; and
(b)(exclusive) the tax year in which he attained pensionable age or died under that age.
Textual Amendments
F2Words in Sch. 3 para. 5(1) 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. 12(3); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I
F3Words in Sch. 3 para. 5(1) inserted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 1(2)
F4Words in Sch. 3 para. 5(2)(b)(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. 33(4)
F5Words in Sch. 3 para. 5(3)(a) inserted (16.12.1995 subject to Sch. 2 of the amending S.I.) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 126
F6Words in Sch. 3 para. 5(4)(a)(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. 33(5)
F7Words in Sch. 3 para. 5(6) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 38(3) (with art. 15(1)); S.R. 1994/450, art. 2(d), Sch. Pt. IV
F8Sch. 3 para. 5(6A)(6B) inserted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 3 para. 3(13); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2
F9Words in Sch. 3 para. 5(7)(a) repealed (16.12.1995 with effect in relation to any person attaining pensionable age on or after 6.4.2010) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 123, 168, Sch. 2 Pt. II para. 4, Sch. 5 Pt. II
F10Words in Sch. 3 para. 5(7) inserted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 3(2)
F11Sch. 3 para. 5(7A) inserted (8.1.2001) by 2000 c. 4 (N.I.), s. 36; S.R. 2000/374, art. 2(d)
F12Words in Sch. 3 para. 5(8) substituted (16.12.1995 subject to Sch. 2 of the amending S.I.) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 131(5)