Regulation 13 Qualifying paid work: caring, incapacity for work or limited capability for work

United Kingdom

(1)

This regulation applies for any period during which—

(a)

a person (“P”) has a partner who is in qualifying paid work; and

(b)

P is paid or entitled to any of the following—

(i)

incapacity benefit under section 30A, 40 or 41 of the Social Security Contributions and Benefits Act 1992 M1 or section 30A, 40 or 41 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M2;

(ii)

severe disablement allowance under section 68 of the Social Security Contributions and Benefits Act 1992 or section 68 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (as they have effect by virtue of article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 M3 and article 4 of the Welfare Reform and Pensions (1999 Order) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2000 M4);

(iii)

long-term incapacity benefit under regulation 11(4) or 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 M5 or by regulation 11(4) or 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 M6;

(iv)

carer's allowance under section 70 of the Social Security Contributions and Benefits Act 1992 M7 or section 70 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M8;

F1(v)

contributory employment and support allowance under section 1 of the Welfare Reform Act 2007 or section 1 of the Welfare Reform Act (Northern Ireland) 2007; F2...

(vi)

national insurance credits on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975 M9 or regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975 M10 F3;

F4(vii)

carer’s assistance given in accordance with regulations made under section 28 of the Social Security (Scotland) Act 2018, except young carer grants given under the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 F5; or

F6(c)

in respect of England and Wales and Scotland only, P is absent from work during a period of carer’s leave under section 80J of the Employment Rights Act 1996.

(2)

For the purposes of the Act, P is regarded—

(a)

as in paid work during that period; and

(b)

as having, for each week of that period, expected income from that work equal to the minimum weekly income.

(3)

P's partner is not in qualifying paid work for the purposes of paragraph (1)(a) during any period when that partner is paid a benefit or an allowance, or is entitled to a credit, described in paragraph (1)(b).

(4)

This regulation applies to a self-employed person, or that person's partner, during any period for which paragraph (1) would have applied in that person's (or partner's) case but for the fact that the work performed in the week immediately before the period began, although done for payment or in expectation of payment, was not performed under a contract of service.

(5)

This regulation applies to a resident of F7a prescribed state who is in paid work in the United Kingdom, or such a person's partner, who under the law of that state is entitled to a benefit, allowance or credit which is substantially similar in character to a benefit, allowance or credit described in paragraph (1)(b).

Annotations

Textual amendments

F1: Reg. 13(1)(b)(v) substituted (7.12.2017) by The Childcare Payments (Eligibility) (Amendment) Regulations 2017 (S.I. 2017/1101), regs. 1, 7
F2: Word in reg. 13(1)(b)(v) omitted (1.12.2022) by virtue of The Childcare Payments (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1148), regs. 1, 2(6)(a)
F3: Reg. 13(1)(b)(vi): semicolon substituted for full stop (1.12.2022) by The Childcare Payments (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1148), regs. 1, 2(6)(b)
F4: Reg. 13(1)(b)(vii) inserted (1.12.2022) by The Childcare Payments (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1148), regs. 1, 2(6)(b)
F5: Word in reg. 13(1)(b)(vii) substituted (6.4.2024) by The Carer's Leave (Consequential Amendments to Subordinate Legislation) Regulations 2024 (S.I. 2024/266), regs. 1(2), 8(2)
F6: Reg. 13(1)(c) inserted (6.4.2024) by The Carer's Leave (Consequential Amendments to Subordinate Legislation) Regulations 2024 (S.I. 2024/266), regs. 1(2), 8(2)
F7: Words in reg. 13(5) substituted (22.7.2021) by The Childcare Payments (Miscellaneous Amendment) Regulations 2021 (S.I. 2021/781), regs. 1, 2(8)

Marginal citations

M1: Section 30A was added by section 1 of the Social Security (Incapacity for Work) Act 1994 (c. 18) and amended by section 64 of the Welfare Reform and Pensions Act 1999 (c. 30). Sections 40 and 41 were substituted by paragraph 8 and 9 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994.
M2: Section 30A was inserted by S.I. 1994/1898 (N.I. 12).
M3: S.I. 2000/2958 (C.89).
M4: S.R. 2000 No. 332.
M5: S.I. 1995/310. Regulation 11(4) was amended by S.I. 1996/3207.
M6: S.R. 1995 No. 35. Regulation 11(4) was amended by S.R. 1996 No. 601.
M7: Section 70 was amended, and the name of the allowance changed from invalid care allowance to carer's allowance, by S.I. 1994/2556, 2002/1457, 2011/2426, 2013/388 and 2013/796.
M8: Section 70 was amended, and the name of the allowance changed to carer's allowance, by S.R. 1994 No. 370, 2002 No. 321, 2011 No. 356 and S.I. 2013/3233.
M9: S.I. 1975/556. Regulation 8B was amended by S.I. 1996/2367, 2000/3120, 2003/521, 2008/1554, 2010/385, 2012/913 and 2013/630.
M10: S.R. 1975 No. 113.