Earnings factor credits eligibility for pensioners to whom employment and support allowance was payable5A

1

For the purposes of subsection (3) of section 44C (earnings factor credits) of the Contributions and Benefits Act9, a pensioner is eligible for earnings factor enhancement in respect of a week if that pensioner satisfies one or more of the conditions in paragraph (2) and was—

a

a person to whom employment and support allowance was payable for any part of that week;

b

a person to whom that allowance would have been payable but for the fact that that person did not satisfy the contribution condition in paragraph 1 or paragraph 2 of Schedule 1 to the 2007 Act; or

c

a person to whom that allowance would have been payable but for the fact that under regulations the amount was reduced to nil because of—

i

receipt of other benefits; or

ii

receipt of payments from an occupational pension scheme or personal pension scheme.

2

The conditions are—

a

immediately prior to that week, employment and support allowance was payable or would have been payable for—

i

a continuous period of 52 weeks; or

ii

a period of 52 weeks treated as continuous by virtue of regulations made under paragraph 4 of Schedule 2 to the 2007 Act;

b

that allowance included or would have included the support component under section 2(2) of the 2007 Act; or

c

immediately prior to that week, in the case of—

i

a man born in the period beginning with 6th April 1946 and ending with 5th April 1947; or

ii

a woman born in the period beginning with 6th October 1950 and ending with 5th April 1951,

that allowance was payable or would have been payable for a continuous period of 13 weeks immediately following a period throughout which statutory sick pay was payable.

3

In this regulation, “employment and support allowance” means an employment and support allowance under Part 1 (employment and support allowance) of the 2007 Act.