SCHEDULES
SCHEDULE 3 Contribution Conditions for Entitlement to Benefit
Part I The Conditions
Unemployment benefit
F11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2Short-term incapacity benefit
C12
1
The contribution conditions for F3short-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 F4period of incapacity for work which includes the relevant time.
F57
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.
Maternity allowance
3
1
Subject to sub-paragraph (2) below, the contribution condition for a maternity allowance is—
a
that the claimant must, in respect of at least 26 weeks in the F666 weeks immediately preceding the expected week of confinement, have actually paid contributions of a relevant class; and
b
in the case of Class 1 contributions, that they were not secondary contributions and were paid otherwise than at the reduced rate.
2
In the case of a claimant who is or has been paid otherwise than weekly, any week—
a
in respect of which she did not pay contributions of a relevant class; but
b
for which her earnings were such that, had she been paid weekly, she would have been required to pay primary Class 1 contributions in respect of that week; and
c
for which no such election as is mentioned in section 19(4)(a) above was in force in her case,
shall be treated for the purposes of sub-paragraph (1) above as a week in respect of which she actually paid such contributions otherwise than at a reduced rate.
3
For the purposes of sub-paragraph (2) above, the amount of the claimant’s earnings for any week shall be determined in accordance with regulations.
Widow’s payment
4
1
The contribution condition for a widow’s payment 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 as mentioned in sub-paragraph (2) below must be not less than that year’s lower earnings limit multiplied by 25.
2
The earnings factor referred to in paragraph (b) of sub-paragraph (1) above is that which is derived—
a
if the year in question is 1987-88 or any subsequent year, from earnings upon which primary Class 1 contributions have been paid or treated as paid and from Class 2 and Class 3 contributions, or
b
if the year in question is an earlier year, from the contributions referred to in paragraph (a) of that sub-paragraph.
3
For the purposes of this condition a relevant year is any year ending before the date on which the contributor concerned attained pensionable age or died under that age.
Widowed mother’s allowance and widow’s pension; retirement pensions (Categories A and B)
5
1
The contribution conditions for a widowed mother’s allowance, a widow’s pension or a Category A or Category B retirement pension are the following.
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 earnings 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 F7or 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
any earnings 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 F8long-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.
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.
8
For the purposes of F10Parts 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.
Child’s special allowance
6
1
The contribution condition for a child’s special allowance 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 from those contributions must be not less than that year’s lower earnings limit multiplied by 50.
2
For the purposes of this condition, a relevant year is any year ending before the date on which the contributor concerned attained pensionable age or died under that age.
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