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, F1other than F2short-term incapacity benefit under subsection (1)(b) of section 30A below, long-term incapacity benefit under section F3subsection (5) of that sectionF4, maternity allowance under section 35 below or short-term or long-term incapacity benefit under section 40 or 41 belowF5or a shared additional pension under section 55A below, 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

F6. . .

F6. . .

F7Short-term incapacity benefit under section F830A(1)(a) below

Class 1 or 2

F9Maternity allowance

F9Class 1 or 2

Other benefits

F10Bereavement payment

Class 1, 2 or 3

Widowed mother’s allowance

Class 1, 2 or 3

F11Widowed parent’s allowance

Class 1, 2 or 3

Bereavement 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 F12, other than maternity allowance, in certain cases where a claim for short-term benefit or a F13bereavement 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 F14so much of his 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 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.

F155A

Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, the following provisions, namely—

a

subsection (5)(c) above;

b

sections 22(1)(a) F16, (2A) and (3)(a), 23(3)(a), 24(2)(a), F1744(6)(za) and (a)F18... below; and

c

paragraphs 2(4)(a) and (5)(a), 4(2)(a), 5(2)(b) and (4)(a) and 7(4)(a) of Schedule 3 to this Act,

shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.

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.