SCHEDULES
SCHEDULE 3 Contribution Conditions for Entitlement to Benefit
Part I The Conditions
Unemployment benefit
F11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9Short-term incapacity benefit
C12
1
The contribution conditions for F2short-term incapacity benefit are the following.
2
The first condition is that—
F3a
the claimant must have actually paid contributions of a relevant class in respect of one of the last three 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—
i
from F4so much of the claimant’s earnings as did not exceed the upper earnings limit and upon which primary Class 1 contributions have been paid or treated as paid; or
ii
from Class 2 contributions; or
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 F4so much of the claimant’s earnings as did not exceed the upper earnings limit and upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited; or
ii
from Class 2 contributions; or
b
if the year in question is an earlier year, from the contributions referred to in paragraph (a) of that sub-paragraph.
C26
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 F5period of incapacity for work which includes the relevant time.
F67
Where a person makes a claim for incapacity benefit and does not satisfy F7the first contribution condition (specified in sub-paragraph (2) above) or, as the case may be, the second contribution condition (specified in sub-paragraph (3) above) and, in a later benefit year in which he would satisfy that condition had no such claim been made, he makes a further claim for incapacity benefit, the previous claim shall be disregarded.
F88
Regulations may—
a
provide for the first contribution condition (specified in sub-paragraph (2) above) 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 (as so specified) in relation to persons who have been so entitled, provide for that condition to apply in relation to them subject to prescribed modifications.
9
In sub-paragraph (8)—
“benefit” includes (in addition to any benefit under Parts II to V of this Act)—
- a
any benefit under Parts VII to XII of this Act, and
- b
credits under regulations under section 22(5) above;
- a
“modifications” includes additions, omissions and amendments.
Maternity allowance
F103
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 F1166 weeks immediately preceding 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.
F14Bereavement payment
Sch. 3: words in cross-heading preceding para. 4 substituted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 para. 12(2); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I
4
1
The contribution condition for a F12bereavement 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 F13so much of the contributor’s earnings as did not exceed the upper earnings limit and 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 F23, widowed parent’s allowance, bereavement allowance and widow’s pension; retirement pensions (Categories A and B)
Sch. 3: words in cross-heading preceding para. 5 inserted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 para. 12(3); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I
5
1
The contribution conditions for a widowed mother’s allowance, F15a widowed parent’s allowance, a bereavement 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 F16so much of the contributor’s earnings as did not exceed the upper earnings limit and 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 F17or been credited (in the case of 1987-88 or any subsequent year) with earnings; 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
F18so much of the contributor’s earnings as did not exceed the upper earnings limit and 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 life | Requisite number of years |
|---|---|
10 years or less | The 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 years | The 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 F19long-term incapacity benefit 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 F20. . .; 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.
F217A
Regulations may provide that a person is not to be taken for the purposes of sub-paragraph (7)(b) above as precluded from regular employment by responsibilities at home unless he meets the prescribed requirements as to the provision of information to the Department.
8
For the purposes of F22Parts I to VI of this Act 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.
Part II Satisfaction of Conditions in Early Years of Contribution
7
1
Sub-paragraph (3) below shall apply where a claim is made for a F24bereavement payment and the last complete year before the beginning of the benefit year in which the relevant time falls was either—
a
the year in which the contributor concerned first became liable for primary Class 1 or Class 2 contributions; or
b
the year preceding that in which he first became so liable.
2
The relevant time for the purposes of this paragraph is the date on which the contributor concerned attained pensionable age or died under that age.
3
For the purposes of satisfaction by the contributor concerned of paragraph (b) of the contribution condition for a F24bereavement payment, all earnings factors falling within sub-paragraph (4) below may be aggregated and that aggregate sum shall be treated as his earnings factor for the last complete year before the beginning of the benefit year in which the relevant time falls.
4
The earnings factors referred to in sub-paragraph (3) above are—
a
the contributor’s earnings factors for 1987-88 and each subsequent year derived from the aggregate of F25so much of his earnings as did not exceed the upper earnings limit and upon which primary Class 1 contributions were paid or treated as paid and from Class 2 contributions actually paid by him before the relevant time; and
b
his earnings factors for each earlier year, derived from his contributions of a relevant class actually paid by him before the relevant time.
8
Where a person claims F26short-term incapacity benefit, he shall be taken to satisfy the first contribution condition for the benefit if on a previous claim for any short-term benefit he has satisfied the first contribution condition for that benefit, by virtue of paragraph 8 of Schedule 3 to the 1975 Act, with contributions of a class relevant to F26short-term incapacity benefit.
9
Where F27a claim is made for a bereavement payment, the contributor concerned for the purposes of the claim shall be taken to satisfy the contribution condition for the payment if on a claim made in the past for any short-term benefit he has satisfied the first contribution condition for the benefit, by virtue of paragraph 8 of Schedule 3 to the 1975 Act, with contributions of a class relevant to F28bereavement payment.
Cross-heading substituted (13.4.1995) by virtue of S.I. 1994/1898 (N.I. 12), art. 3(2) (with art. 15(1)); S.R. 1994/450, art. 2(d), Sch. Pt. IV