C1C2C3C4Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).

C3

Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)

C4

Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)

Preliminary

21 Contribution conditions.

1

Entitlement to any benefit specified in section 20(1) above, other than invalidity benefit, depends on contribution conditions being satisfied (either by the claimant or by some other person, according to the particular benefit).

2

The class or classes of contribution which, for the purposes of subsection (1) above, are relevant in relation to each of those benefits are as follows—

Short-term benefit

Unemployment benefit

Class 1

Sickness benefit

Class 1 or 2

Maternity allowance

Class 1 or 2

Other benefits

Widow’s payment

Class 1, 2 or 3

Widowed mother’s allowance

Class 1, 2 or 3

Widow’s pension

Class 1, 2 or 3

Category A retirement pension

Class 1, 2 or 3

Category B retirement pension

Class 1, 2 or 3

Child’s special allowance

Class 1, 2 or 3

3

The relevant contribution conditions in relation to the benefits specified in subsection (2) above are those specified in Part I of Schedule 3 to this Act.

4

Part II of Schedule 3 to this Act shall have effect as to the satisfaction of contribution conditions for benefit, other than maternity allowance, in certain cases where a claim for short-term benefit or a widow’s payment is, or has on a previous occasion been, made in the first or second year after that in which the contributor concerned first became liable for primary Class 1 or Class 2 contributions.

5

In subsection (4) above and Schedule 3 to this Act—

a

the contributor concerned”, for the purposes of any contribution condition, means the person by whom the condition is to be satisfied;

b

a relevant class”, in relation to any benefit, means a class of contributions specified in relation to that benefit in subsection (2) above;

c

the earnings factor”—

i

where the year in question is 1987-88 or any subsequent tax year, means, in relation to a person, the aggregate of his earnings factors derived from all his earnings upon which primary Class 1 contributions have been paid or treated as paid and from his Class 2 and Class 3 contributions; and

ii

where the year in question is any earlier tax year, means, in relation to a person’s contributions of any class or classes, the aggregate of his earnings factors derived from all those contributions;

d

except in the expression “benefit year”, “year” means a tax year.

6

In this Part of this Act “benefit year” means a period—

a

beginning with the first Sunday in January in any calendar year, and

b

ending with the Saturday immediately preceding the first Sunday in January in the following calendar year;

but for any prescribed purposes of this Part of this Act “benefit year” may by regulations be made to mean such other period (whether or not a period of 12 months) as may be specified in the regulations.