SCHEDULES

SCHEDULE 3N.I. Contribution Conditions for Entitlement to Benefit

Part IN.I. The Conditions

Unemployment benefitN.I.

F11N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F2Short-term incapacity benefit]N.I.

Textual Amendments

F2Cross-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

2(1)The contribution conditions for [F3short-term incapacity benefit] are the following.N.I.

(2)The first condition is that—

[F4(a)the claimant must have actually paid contributions of a relevant class in respect of one of the last three complete years before the beginning of the relevant benefit 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 [F5so much of the claimant’s earnings as did not exceed the upper earnings limit and 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 [F5so much of the claimant’s earnings as did not exceed the upper earnings limit and 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 [F6period of incapacity for work] which includes the relevant time.

[F7(7)Where a person makes a claim for incapacity benefit and does not satisfy [F8the first contribution condition (specified in sub-paragraph (2) above) or, as the case may be,] 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.]

[F9(8)Regulations may—

(a)provide for the first contribution condition (specified in sub-paragraph (2) above) to be taken to be satisfied in the case of persons who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time;

(b)with a view to securing any relaxation of the requirements of that condition (as so specified) in relation to persons who have been so entitled, provide for that condition to apply in relation to them subject to prescribed modifications.

(9)In sub-paragraph (8)—

Textual Amendments

F4Sch. 3 para. 2(2)(a) substituted (3.11.2000 for specified purposes and 6.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 59(2); S.R. 2000/332, art. 2(3)(a)(4)(5)

F5Words in Sch. 3 para. 2(4)(a)(i)(5)(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(2)

F8Words in Sch. 3 para. 2(7) inserted (3.11.2000 for specified purposes and 6.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 59(3); S.R. 2000/332, art. 2(3)(a)(4)(5)

F9Sch. 3 para. 2(8)(9) added (3.11.2000 for specified purposes and 6.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 59(4); S.R. 2000/332, art. 2(3)(a)(4)(5)

Modifications etc. (not altering text)

C1Sch. 3 para. 2 modified (13.4.1995) by S.R. 1995/35, reg. 14(1)

Maternity allowanceN.I.

[F103(1)Subject to sub-paragraph (2) below, the contribution condition for a maternity allowance is—N.I.

(a)that the claimant must, in respect of at least 26 weeks in the [F1166 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.]

Textual Amendments

F10Sch. 3 para. 3 repealed (2.4.2000 for specified purposes and otherwiseprosp.) by S.I. 1999/3147 (N.I. 11), art. 76, Sch. 10 Pt. V; S.R. 1999/494, art. 2(1)(c)(i)

F11Words in Sch. 3 para. 3(1)(a) substituted (with effect in any case where the expected week of confinement begins on or after 16.10.1994) by S.R. 1994/176, regs. 1(2), 2(4)

[F12Bereavement payment]N.I.

Textual Amendments

F12Sch. 3: words in cross-heading preceding para. 4 substituted (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(2); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I

4(1)The contribution condition for a [F13bereavement payment] is that—N.I.

(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 [F14so much of the contributor’s 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 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.

Textual Amendments

F13Words in Sch. 3 para. 4(1) substituted (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(2); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I

F14Words in Sch. 3 para. 4(2)(a) 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(3)

Widowed mother’s allowance [F15, widowed parent’s allowance, bereavement allowance] and widow’s pension; retirement pensions (Categories A and B)N.I.

Textual Amendments

F15Sch. 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, [F16a widowed parent’s allowance, a bereavement allowance,] a widow’s pension or a Category A or Category B retirement pension 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 [F17so 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 [F18or 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)[F19so 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 lifeRequisite number of years
10 years or lessThe 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 yearsThe 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 [F20long-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 F21. . .; 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.

[F22(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 [F23Parts 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

F16Words 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

F17Words 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)

F18Words 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

F19Words 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)

F21Words 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

F23Words 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)

Child’s special allowanceN.I.

6(1)The contribution condition for a child’s special allowance is that—N.I.

(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.