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Social Security Contributions and Benefits Act 1992

Status:

This is the original version (as it was originally enacted).

Part IThe conditions

Unemployment benefit

1(1)The contribution conditions for unemployment benefit are the following.

(2)The first condition is that—

(a)the claimant must have actually paid contributions of a relevant class in respect of one of the last two complete years before the beginning of the relevant benefit year, and those contributions must have been paid before the relevant time; and

(b)the earnings factor derived as mentioned in sub-paragraph (4) below must be not less than that year’s lower earnings limit multiplied by 25.

(3)The second condition is that—

(a)the claimant must in respect of the last two complete years before the beginning of the relevant benefit year have either paid or been credited with contributions of a relevant class or been credited (in the case of 1987-88 or any subsequent year) with earnings; and

(b)the earnings factor derived as mentioned in sub-paragraph (5) below must be not less in each of those years than the year’s lower earnings limit multiplied by 50.

(4)The earnings factor referred to in paragraph (b) of sub-paragraph (2) above is that which is derived—

(a)if the year in question is 1987-88 or any subsequent year, from earnings upon which primary Class 1 contributions have been paid or treated as paid; and

(b)if the year in question is an earlier year, from the contributions paid as mentioned in paragraph (a) of that sub-paragraph.

(5)The earnings factor referred to in paragraph (b) of sub-paragraph (3) above is that which is derived—

(a)if the year in question is 1987-88 or any subsequent year, from earnings upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited; and

(b)if the year in question is an earlier year, from the contributions referred to in paragraph (a) of that sub-paragraph.

(6)For the purposes of these conditions—

(a)“the relevant time” is the day in respect of which benefit is claimed;

(b)“the relevant benefit year” is the benefit year in which there falls the beginning of the period of interruption of employment which includes the relevant time.

Sickness benefit

2(1)The contribution conditions for sickness benefit are the following.

(2)The first condition is that—

(a)the claimant must have actually paid contributions of a relevant class in respect of any one year, and those contributions must have been paid before the relevant time; and

(b)the earnings factor derived as mentioned in sub-paragraph (4) below must be not less than that year’s lower earnings limit multiplied by 25.

(3)The second condition is that—

(a)the claimant must in respect of the last two complete years before the beginning of the relevant benefit year have either paid or been credited with contributions of a relevant class or been credited (in the case of 1987-88 or any subsequent year) with earnings; and

(b)the earnings factor derived as mentioned in sub-paragraph (5) below must be not less in each of those years than the year’s lower earnings limit multiplied by 50.

(4)The earnings factor referred to in paragraph (b) of sub-paragraph (2) above is that which is derived—

(a)if the year in question is 1987-88 or any subsequent year—

(i)from earnings upon which primary Class 1 contributions have been paid or treated as paid; or

(ii)from Class 2 contributions; and

(b)if the year in question is an earlier year, from the contributions paid as mentioned in paragraph (a) of that sub-paragraph.

(5)The earnings factor referred to in paragraph (b) of sub-paragraph (3) above is that which is derived—

(a)if the year in question is 1987-88 or any subsequent year—

(i)from earnings upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited; or

(ii)from Class 2 contributions; and

(b)if the year in question is an earlier year, from the contributions referred to in paragraph (a) of that sub-paragraph.

(6)For the purposes of these conditions—

(a)“the relevant time” is the day in respect of which benefit is claimed;

(b)“the relevant benefit year” is the benefit year in which there falls the beginning of the period of interruption of employment which includes the relevant time.

Maternity allowance

3(1)Subject to sub-paragraph (2) below, the contribution condition for a maternity allowance is—

(a)that the claimant must, in respect of at least 26 weeks in the 52 weeks immediately preceding the 14th week before the expected week of confinement, have actually paid contributions of a relevant class; and

(b)in the case of Class 1 contributions, that they were not secondary contributions and were paid otherwise than at the reduced rate.

(2)In the case of a claimant who is or has been paid otherwise than weekly, any week—

(a)in respect of which she did not pay contributions of a relevant class; but

(b)for which her earnings were such that, had she been paid weekly, she would have been required to pay primary Class 1 contributions in respect of that week; and

(c)for which no such election as is mentioned in section 19(4)(a) above was in force in her case,

shall be treated for the purposes of sub-paragraph (1) above as a week in respect of which she actually paid such contributions otherwise than at a reduced rate.

(3)For the purposes of sub-paragraph (2) above, the amount of the claimant’s earnings for any week shall be determined in accordance with regulations.

Widow’s payment

4(1)The contribution condition for a widow’s payment is that—

(a)the contributor concerned must in respect of any one relevant year have actually paid contributions of a relevant class; and

(b)the earnings factor derived as mentioned in sub-paragraph (2) below must be not less than that year’s lower earnings limit multiplied by 25.

(2)The earnings factor referred to in paragraph (b) of sub-paragraph (1) above is that which is derived—

(a)if the year in question is 1987-88 or any subsequent year, from earnings upon which primary Class 1 contributions have been paid or treated as paid and from Class 2 and Class 3 contributions, or

(b)if the year in question is an earlier year, from the contributions referred to in paragraph (a) of that sub-paragraph.

(3)For the purposes of this condition a relevant year is any year ending before the date on which the contributor concerned attained pensionable age or died under that age.

Widowed mother’s allowance and widow’s pension; retirement pensions (Categories A and B)

5(1)The contribution conditions for a widowed mother’s allowance, a widow’s pension or a Category A or Category B retirement pension are the following.

(2)The first condition is that—

(a)the contributor concerned must in respect of any one relevant year have actually paid contributions of a relevant class; and

(b)the earnings factor derived—

(i)if that year is 1987-88 or any subsequent year, from earnings upon which such of those contributions as are primary Class 1 contributions were paid or treated as paid and any Class 2 or Class 3 contributions, or

(ii)if that year is an earlier year, from the contributions referred to in paragraph (a) above,

must be not less than the qualifying earnings factor for that year.

(3)The second condition is that—

(a)the contributor concerned must, in respect of each of not less than the requisite number of years of his working life, have paid or been credited with contributions of a relevant class; and

(b)in the case of each of those years, the earnings factor derived as mentioned in sub-paragraph (4) below must be not less than the qualifying earnings factor for that year.

(4)For the purposes of paragraph (b) of sub-paragraph (3) above, the earnings factor—

(a)in the case of 1987-88 or any subsequent year, is that which is derived from—

(i)any earnings upon which such of the contributions mentioned in paragraph (a) of that sub-paragraph as are primary Class 1 contributions were paid or treated as paid or earnings credited; and

(ii)any Class 2 or Class 3 contributions for the year; or

(b)in the case of any earlier year, is that which is derived from the contributions mentioned in paragraph (a) of that sub-paragraph.

(5)For the purposes of the first condition, a relevant year is any year ending before that in which the contributor concerned attained pensionable age or died under that age; and the following table shows the requisite number of years for the purpose of the second condition, by reference to a working life of a given duration—

Duration of working lifeRequisite number of years
10 years or lessThe number of years of the working life, minus 1.
20 years or less (but more than 10)The number of years of the working life, minus 2.
30 years or less (but more than 20)The number of years of the working life, minus 3.
40 years or less (but more than 30)The number of years of the working life, minus 4.
More than 40 yearsThe number of years of the working life, minus 5.

(6)The first condition shall be taken to be satisfied if the contributor concerned was entitled to an invalidity pension at any time during—

(a)the year in which he attained pensionable age or died under that age, or

(b)the year immediately preceding that year.

(7)The second condition shall be taken to be satisfied notwithstanding that paragraphs (a) and (b) of sub-paragraph (3) above are not complied with as respects each of the requisite number of years if—

(a)those paragraphs are complied with as respects at least half that number of years (or at least 20 of them, if that is less than half); and

(b)in each of the other years the contributor concerned was, within the meaning of regulations, precluded from regular employment by responsibilities at home.

(8)For the purposes of this paragraph a person’s working life is the period between—

(a)(inclusive) the tax year in which he attained the age of 16; and

(b)(exclusive) the tax year in which he attained pensionable age or died under that age.

Child’s special allowance

6(1)The contribution condition for a child’s special allowance is that—

(a)the contributor concerned must in respect of any one relevant year have actually paid contributions of a relevant class; and

(b)the earnings factor derived from those contributions must be not less than that year’s lower earnings limit multiplied by 50.

(2)For the purposes of this condition, a relevant year is any year ending before the date on which the contributor concerned attained pensionable age or died under that age.

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