SCHEDULE 1Employment and support allowance: additional conditions
Part 1...
Conditions relating to national insurance
1
(1)
The first condition is that—
(a)
the claimant has actually paid Class 1 or Class 2 contributions in respect of one of the last F1two 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
F2(c)
the claimant's earnings determined in accordance with sub-paragraph (2) must be not less than the base tax year's lower earnings limit multiplied by 26.
F3(2)
The earnings referred to in sub-paragraph (1)(c) are the aggregate of—
(a)
the claimant's relevant earnings for the base tax year upon which primary Class 1 contributions have been paid or treated as paid, and
(b)
the claimant's earnings factors derived from Class 2 contributions.
(3)
Regulations may make provision for the purposes of sub-paragraph (2)(a) for determining the claimant's relevant earnings for the base tax year.
(3A)
Regulations under sub-paragraph (3) may, in particular, make provision—
(a)
for making that determination by reference to the amount of a person's earnings for periods comprised in the base tax year;
(b)
for determining the amount of a person's earnings for any such period by—
(i)
first determining the amount of the earnings for the period in accordance with regulations made for the purposes of section 3(2) of the Contributions and Benefits Act, and
(ii)
then disregarding so much of the amount found in accordance with sub-paragraph (i) as exceeded the base tax year's lower earnings limit (or the prescribed equivalent).
(4)
Regulations may—
(a)
provide for the condition set out in sub-paragraph (1) to be taken to be satisfied in the case of F4persons—
(i)
who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time F5, or
(ii)
who satisfy other prescribed conditions
(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—
F6(za)
universal credit,
(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,
F7(ca)
credits under section 23A of that Act,
(e)
working tax credit.