Welfare Reform Act 2007

1 (1) The first condition is that— E+W+S

(a) the claimant has actually paid Class 1 or Class 2 contributions in respect of one of the last three complete tax years (“the base tax year”) before the beginning of the relevant benefit year,

(b) those contributions must have been paid before the relevant benefit week, and

(c) the earnings factor derived as mentioned in sub-paragraph (2) must be not less than the base tax year's lower earnings limit multiplied by 25.

(2) The earnings factor referred to in sub-paragraph (1)(c) is the aggregate of the claimant's earnings factors derived—

(a) from so much of his earnings as did not exceed the base tax year's upper earnings limit and upon which primary Class 1 contributions have been paid or treated as paid, and

(b) from Class 2 contributions.

(3) Where primary Class 1 contributions have been paid or treated as paid on any part of a person's earnings, sub-paragraph (2)(a) 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 base tax year's upper earnings limit.

(4) Regulations may—

(a) provide for the condition set out in sub-paragraph (1) 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 in relation to persons who have been so entitled, provide for that condition to apply in relation to them subject to prescribed modifications.

(5) In sub-paragraph (4), “benefit” means—

(a) any benefit within the meaning of section 122(1) of the Contributions and Benefits Act,

(b) any benefit under Parts 7 to 12 of that Act,

(c) credits under regulations under section 22(5) of that Act,

[F1 (ca) credits under section 23A of that Act,]

(d) a contributory allowance, and

(e) working tax credit.

Textual Amendments

F1 Sch. 1 para. 1(5)(ca) inserted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 1 para. 11

Commencement Information

I1 Sch. 1 para. 1(1)-(3) (5) in force at 27.10.2008 by S.I. 2008/787, art. 2(4)(d)

I2 Sch. 1 para. 1(4) in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)

I3 Sch. 1 para. 1(4) in force at 27.10.2008 in so far as not already in force by S.I. 2008/787, art. 2(4)(d)