The Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Jobseeker’s Allowance Regulations 1996 (“the JSA Regulations”) (S.I. 1996/207) and the Employment and Support Allowance Regulations 2008 (“the ESA Regulations”) (S.I. 2008/794) to make provision enabling certain spouses or civil partners of a member of Her Majesty’s forces to satisfy the first contribution condition in relation to claims for jobseeker’s allowance and employment and support allowance.

Regulation 2 amends the JSA Regulations by inserting a new regulation 45B.

Paragraph (1) of regulation 45B provides that a person who satisfies the condition in paragraph (2) will be taken to satisfy the first set of contribution conditions in section 2 of the Jobseekers Act 1995 if they have paid sufficient Class 1 contributions before the relevant benefit week in respect of any one tax year. The first set of contribution conditions is defined in paragraph (3). It is (i) that the claimant has actually paid Class 1 national insurance contributions in respect of one of the last two complete years before the beginning of the relevant year (section 2(1)(a) of the Jobseekers Act 1995) and (ii) the additional conditions set out in section 2(2) of that Act.

Paragraph (2) of regulation 45B provides that the conditions referred to in paragraph (1) are that a person must, in respect of any week during the last complete tax year preceding the relevant benefit year, be entitled to be credited with earnings in accordance with regulation 9E of the Social Security (Credits) Regulations 1975 (S.I. 1975/556). Under regulation 9E, a person will be entitled to such credits in respect of any week in which they were the spouse or civil partner of a member of Her Majesty’s forces (or treated as such by the Secretary of State for the purposes of occupying accommodation) and were accompanying their spouse or civil partner on an assignment outside the UK (or treated as such by the Secretary of State).

Regulation 3 amends the ESA Regulations by inserting a new paragraph (2)(ca) into regulation 8 of those Regulations. New sub-paragraph (ca) makes provision in relation to employment and support allowance for an equivalent easement to that contained in new regulation 45B of the JSA Regulations.

A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.