SCHEDULES
SCHEDULE 3 Contribution Conditions for Entitlement to Benefit
Part I The Conditions
Widowed mother’s allowance F9, widowed parent’s allowance, bereavement allowance and widow’s pension; retirement pensions (Categories A and B)
5
1
The contribution conditions for a widowed mother’s allowance, F1a widowed parent’s allowance, a bereavement 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 F2so 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 F3or 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
F4so 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 F5long-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 F6. . .; 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.
F77A
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 F8Parts 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.
Sch. 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