SCHEDULES

SCHEDULE 1EMPLOYMENT AND SUPPORT ALLOWANCE: ADDITIONAL CONDITIONS

PART 1CONTRIBUTORY ALLOWANCE

Conditions relating to national insurance

3

1

For the purposes of paragraphs 1 and 2—

a

“benefit year” means a period which is a benefit year for the purposes of Part 2 of the Contributions and Benefits Act or such other period as may be prescribed for the purposes of this Part of this Schedule;

b

“Class 1 contributions”, “Class 2 contributions” and “primary Class 1 contributions” have the same meaning as in the Contributions and Benefits Act (see section 1 of that Act);

c

“earnings” shall be construed in accordance with sections 3, 4 and 112 of that Act;

d

“earnings factor” shall be construed in accordance with sections 22 and 23 of that Act;

e

“lower earnings limit” and “upper earnings limit” shall be construed in accordance with section 5 of that Act and references to the lower or upper earnings limit of a tax year are to whatever is (or was) the limit in force for that year under that section;

f

“relevant benefit year” is the benefit year which includes the beginning of the period of limited capability for work which includes the relevant benefit week;

g

“tax year” means the 12 months beginning with 6th April in any year.

2

Regulations may provide for sub-paragraph (1)(f) to have effect in prescribed circumstances with prescribed modifications in the case of—

a

a person who has previously ceased to be entitled to a contributory allowance;

b

a person who has made a claim for an employment and support allowance in connection with which he failed to satisfy one or both of the conditions in paragraphs 1 and 2.