Section 21 — Social Security Contributions and Benefits Act 1992: Contribution conditions.

Contribution conditions. 21 1 Entitlement to any of the benefits specified in section 20(1) above, other than short-term incapacity benefit under subsection (1)(b) of section 30A below, long-term incapacity benefit under subsection (5) of that section , maternity allowance under section 35 or 35B below or short-term or long-term incapacity benefit under section 40 or 41 below or a shared additional pension under section 55A or 55AA below , depends on contribution conditions being satisfied (either by the claimant or by some other person, according to the particular benefit).

2 The class or classes of contribution which, for the purposes of subsection (1) above, are relevant in relation to each of those benefits are as follows— Short-term benefit . . . . . . Short-term incapacity benefit under section 30A(1)(a) below Class 1 or 2 . . . . . . Other benefits . . . . . . Widowed mother’s allowance Class 1, 2 or 3 Widowed parent’s allowance Class 1, 2 or 3 . . . . . . Widow’s pension Class 1, 2 or 3 Category A retirement pension Class 1, 2 or 3 Category B retirement pension Class 1, 2 or 3 Child’s special allowance Class 1, 2 or 3 3 The relevant contribution conditions in relation to the benefits specified in subsection (2) above are those specified in Part I of Schedule 3 to this Act. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 In subsection (4) above and Schedule 3 to this Act—

a “ the contributor concerned ”, for the purposes of any contribution condition, means the person by whom the condition is to be satisfied;

b “ a relevant class ”, in relation to any benefit, means a class of contributions specified in relation to that benefit in subsection (2) above;

c “ the earnings factor ”—

i where the year in question is 1987-88 or any subsequent tax year, means, in relation to a person, the aggregate of his earnings factors derived from so much of his 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 his Class 2 and Class 3 contributions;

and ii where the year in question is any earlier tax year, means, in relation to a person’s contributions of any class or classes, the aggregate of his earnings factors derived from all those contributions;

d except in the expression “ benefit year ”, “ year ” means a tax year. 5A Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, the following provisions, namely—

a subsection (5)(c) above;

b sections 22(1)(a) , (2A) and (3)(a), 23(3)(a), 24(2)(a), 44(6)(za) and (a) ... below;

and c paragraphs 2(4)(a) and (5)(a), 4(2)(a), 5(2)(b) and (4)(a) , 5A(3)(a) and 7(4)(a) of Schedule 3 to this Act, shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.

6 In this Part of this Act “ benefit year ” means a period—

a beginning with the first Sunday in January in any calendar year, and b ending with the Saturday immediately preceding the first Sunday in January in the following calendar year; but for any prescribed purposes of this Part of this Act “ benefit year ” may by regulations be made to mean such other period (whether or not a period of 12 months) as may be specified in the regulations.