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Employment and support allowance: additional conditions |
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Conditions relating to national insurance |
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1 (1) | The first condition is that— |
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(a) | the claimant has actually paid Class 1 or 2 contributions in respect of |
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one of the last three complete tax years (“the base tax year”) before |
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the beginning of the relevant benefit year, |
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(b) | those contributions must have been paid before the relevant benefit |
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(c) | the earnings factor derived as mentioned in sub-paragraph (2) must |
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be not less than the base tax year’s lower earnings limit multiplied by |
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(2) | The earnings factor referred to in sub-paragraph (1)(c) is the aggregate of the |
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claimant’s earnings factors derived— |
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(a) | from so much of his earnings as did not exceed the base tax year’s |
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upper earnings limit and upon which primary Class 1 contributions |
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have been paid or treated as paid, and |
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(b) | from Class 2 contributions. |
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(3) | Where primary Class 1 contributions have been paid or treated as paid on |
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any part of a person’s earnings, sub-paragraph (2)(a) shall have effect as if |
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such contributions had been paid or treated as paid on so much of the |
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earnings as did not exceed the base tax year’s upper earnings limit. |
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(a) | provide for the condition set out in sub-paragraph (1) to be taken to |
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be satisfied in the case of persons who have been entitled to any |
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prescribed description of benefit during any prescribed period or at |
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(b) | with a view to securing any relaxation of the requirements of that |
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condition in relation to persons who have been so entitled, provide |
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for that condition to apply in relation to them subject to prescribed |
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(5) | In sub-paragraph (4), “benefit” means— |
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(a) | any benefit within the meaning of section 122(1) of the Contributions |
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(b) | any benefit under Parts 7 to 12 of that Act, |
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(c) | credits under regulations under section 22(5) of that Act, |
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(d) | a contributory allowance, and |
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2 (1) | The second condition is that— |
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(a) | the claimant has in respect of the last two complete tax years before |
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the beginning of the relevant benefit year either paid or been credited |
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with Class 1 or 2 contributions or been credited with earnings, and |
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(b) | the earnings factor derived as mentioned in sub-paragraph (2) must |
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be not less in each of those years than the year’s lower earnings limit |
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(2) | The earnings factor referred to in sub-paragraph (1)(b) is the aggregate of the |
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claimant’s earnings factors derived— |
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(a) | from so much of his earnings as did not exceed the upper earnings |
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limit for the year and upon which primary Class 1 contributions have |
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been paid or treated as paid or from earnings credited, and |
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(b) | from Class 2 contributions. |
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(3) | Where primary Class 1 contributions have been paid or treated as paid on |
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any part of a person’s earnings, sub-paragraph (2)(a) shall have effect as if |
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such contributions had been paid or treated as paid on so much of the |
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earnings as did not exceed the upper earnings limit for the year. |
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3 (1) | For the purposes of paragraphs 1 and 2— |
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(a) | “benefit year” means a period which is a benefit year for the |
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purposes of Part 2 of the Contributions and Benefits Act or such |
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other period as may be prescribed for the purposes of this Part of this |
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(b) | “Class 1 contributions”, “Class 2 contributions” and “primary Class 1 |
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contributions” have the same meaning as in the Contributions and |
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Benefits Act (see section 1 of that Act); |
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(c) | “earnings” shall be construed in accordance with sections 3, 4 and |
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(d) | “earnings factor” shall be construed in accordance with sections 22 |
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(e) | “lower earnings limit” and “upper earnings limit” shall be construed |
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in accordance with section 5 of that Act and references to the lower |
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or upper earnings limit of a tax year are to whatever is (or was) the |
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limit in force for that year under that section; |
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(f) | “relevant benefit year” is the benefit year which includes the |
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beginning of the period of limited capability for work which includes |
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the relevant benefit week; |
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(g) | “tax year” means the 12 months beginning with 6th April in any year. |
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(2) | Regulations may provide for sub-paragraph (1)(g) to have effect in |
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prescribed circumstances with prescribed modifications in the case of— |
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(a) | a person who has previously ceased to be entitled to a contributory |
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(b) | a person who has made a claim for an employment and support |
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allowance in connection with which he failed to satisfy one or both |
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of the conditions in paragraphs 1 and 2. |
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Condition relating to youth |
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4 (1) | The third condition is that — |
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(a) | the claimant was under 20 or, in prescribed cases, 25 when the |
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relevant period of limited capability for work began, |
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(b) | he is not receiving full-time education, |
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(c) | he satisfies such conditions as may be prescribed with respect to |
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residence or presence in Great Britain (or both), and |
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(d) | there has been a day in the relevant period of limited capability for |
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(i) | which was a day on which he was aged at least 16, and |
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(ii) | which was preceded by a period of 196 consecutive days |
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throughout which he had limited capability for work. |
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(2) | In sub-paragraph (1), “relevant period of limited capability for work” means |
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the period of limited capability for work which includes the relevant benefit |
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(3) | Regulations may prescribe circumstances in which sub-paragraph (1)(a) |
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does not apply in the case of a person who has previously ceased to be |
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entitled to an employment and support allowance to which he was entitled |
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by virtue of satisfying the condition set out in sub-paragraph (1). |
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(4) | Regulations may make provision about when, for the purposes of sub- |
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paragraph (1)(b ), a person is, or is not, to be treated as receiving full-time |
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5 | In this Part of this Schedule, “relevant benefit week” means the week in |
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relation to which the question of entitlement to an employment and support |
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allowance is being considered. |
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6 (1) | The conditions are that the claimant— |
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(a) | has an income which does not exceed the applicable amount or has |
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(b) | does not have capital which, or a prescribed part of which, exceeds |
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(c) | is not entitled to state pension credit; |
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(d) | is not a member of a couple the other member of which is entitled to |
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an income-related allowance, state pension credit, income support or |
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an income-based jobseeker’s allowance; |
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(e) | is not engaged in remunerative work; |
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(f) | is not a member of a couple the other member of which is engaged in |
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(g) | is not receiving education. |
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(2) | Where the claimant is a member of a couple, the income and capital of the |
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other member of the couple shall, except in prescribed circumstances, be |
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treated for the purpose of this paragraph as income and capital of the |
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(3) | Regulations may prescribe circumstances in which, for the purposes of sub- |
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paragraph (1)(e) and (f)— |
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(a) | a person who is not engaged in remunerative work is to be treated as |
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engaged in remunerative work, or |
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(b) | a person who is engaged in remunerative work is to be treated as not |
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engaged in remunerative work. |
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(a) | make provision about when, for the purposes of sub-paragraph |
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(1)(g), a person is, or is not, to be treated as receiving education; |
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(b) | prescribe circumstances in which sub-paragraph (1)(g) does not |
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“applicable amount” means the amount which, in the claimant’s case, |
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is the applicable amount for the purposes of section 4(1); |
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(a) | a man and woman who are married to each other and are |
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members of the same household; |
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(b) | a man and woman who are not married to each other, but are |
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living together as husband and wife otherwise than in |
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prescribed circumstances; |
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(c) | two people of the same sex who are civil partners of each |
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other and are members of the same household; or |
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(d) | two people of the same sex who are not civil partners of each |
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other, but are living together as if they were civil partners |
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otherwise than in prescribed circumstances; |
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“education” has such meaning as may be prescribed; |
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“income-based jobseeker’s allowance” has the same meaning as in the |
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Jobseekers Act 1995 (c. 18); |
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“remunerative work” has such meaning as may be prescribed. |
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(6) | For the purposes of this paragraph, two people of the same sex are to be |
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regarded as living together as if they were civil partners if, but only if, they |
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would be regarded as living together as husband and wife were they instead |
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two people of the opposite sex. |
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(7) | Regulations may make provision for the preceding provisions of this |
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paragraph to have effect with prescribed modifications in a case where— |
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(a) | the claimant is a husband or wife by virtue of a marriage entered into |
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under a law which permits polygamy, |
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(b) | either party to the marriage has for the time being any spouse |
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additional to the other party, and |
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(c) | the claimant, the other party to the marriage and the additional |
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spouse are members of the same household. |
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(8) | Regulations may make provision for the purposes of this paragraph as to |
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circumstances in which people are to be treated as being or not being |
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members of the same household. |
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