{
  "url": "https://openlegislation.uk/social-security-contributions-and-benefits-act-1992/schedule-3/paragraph-5",
  "json_url": "https://openlegislation.uk/social-security-contributions-and-benefits-act-1992/schedule-3/paragraph-5.json",
  "legislation": "ukpga/1992/4",
  "legislation_title": "Social Security Contributions and Benefits Act 1992",
  "legislation_url": "https://openlegislation.uk/social-security-contributions-and-benefits-act-1992",
  "path": "schedule/3/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "(1) This paragraph sets out the contribution conditions for—\n(a) a widowed mother's allowance, a widowed parent's allowance or a widow's pension;\n(b) a Category A retirement pension (other than one in relation to which paragraph 5A applies);\n(c) a Category B retirement pension in the cases provided for by any of sections 48A to 51ZA.\n(2) The first condition is that—\n(a) the contributor concerned must in respect of any one relevant year have actually paid contributions of a relevant class; and\n(b) the earnings factor derived—\n(i) if that year is 1987-88 or any subsequent year, from so 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\n(ii) if that year is an earlier year, from the contributions referred to in paragraph (a) above,\nmust be not less than the qualifying earnings factor for that year.\n(3) The second condition is that—\n(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 or been credited (in the case of 1987-88 or any subsequent year) with earnings; and\n(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.\n(4) For the purposes of paragraph (b) of sub-paragraph (3) above, the earnings factor—\n(a) in the case of 1987-88 or any subsequent year, is that which is derived from—\n(i) so 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\n(ii) any Class 2 or Class 3 contributions for the year; or\n(b) in the case of any earlier year, is that which is derived from the contributions mentioned in paragraph (a) of that sub-paragraph.\n(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—\nDuration of working life\nRequisite number of years\n10 years or less\nThe number of years of the working life, minus 1.\n20 years or less (but more than 10)\nThe number of years of the working life, minus 2.\n30 years or less (but more than 20)\nThe number of years of the working life, minus 3.\n40 years or less (but more than 30)\nThe number of years of the working life, minus 4.\nMore than 40 years\nThe number of years of the working life, minus 5.\n(6) The first condition shall be taken to be satisfied if the contributor concerned was entitled to long-term incapacity benefit at any time during—\n(a) the year in which he attained pensionable age or died under that age, or\n(b) the year immediately preceding that year.\n(6A) The first condition shall be taken to be satisfied if the contributor concerned was entitled to main phase employment and support allowance at any time during—\n(a) the year in which he attained pensionable age or died under that age, or\n(b) the year immediately preceding that year.\n(6B) The reference in sub-paragraph (6A) to main phase employment and support allowance is to an employment and support allowance in the case of which the calculation of the amount payable in respect of the claimant includes an addition under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007 (addition where conditions of entitlement to support component or work-related activity component satisfied).\n(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—\n(a) those paragraphs are complied with as respects at least half that number of years ... ; and\n(b) in each of the other years the contributor concerned was, within the meaning of regulations, precluded from regular employment by responsibilities at home.\nBut nothing in this sub-paragraph applies in relation to any benefit to which section 23A above applies.\n(7A) 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 Secretary of State.\n(8) For the purposes of Parts I to VI of this Act a person’s working life is the period between—\n(a) (inclusive) the tax year in which he attained the age of 16; and\n(b) (exclusive) the tax year in which he attained pensionable age or died under that age.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 3 para. 5(1) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 67(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 3 para. 5(2)(b)(i) substituted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 14(4)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 3 para. 5(3)(a) inserted (19.7.1995) by Pensions Act 1995 (c. 26), ss. 129, 180(2)(a) (with Sch. 4)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 3 para. 5(4)(a)(i) substituted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 14(5)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 3 para. 5(6) substituted (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 38(3); S.I. 1994/2926, art. 2(4), Sch. Pt. 4"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Sch. 3 para. 5(6A)(6B) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 9(13); S.I. 2008/787, art. 2(4)(f)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Sch. 3 para. 5(7)(a) repealed (with effect in relation to any person attaining pensionable age on or after 6.4.2010) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 4(1)(2), Sch. 7"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in Sch. 3 para. 5(7) inserted (26.9.2007) by Pensions Act 2007 (c. 22), ss. 3(2), 30(3)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Sch. 3 para. 5(7A) inserted (8.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 40, 86(1)(b)(2); S.I. 2000/3166, art. 2(4)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in Sch. 3 para. 5(8) substituted (19.7.1995) by Pensions Act 1995 (c. 26), ss. 134(5), 180(2)(a) (with Sch. 4)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words repealed",
      "affecting": "ukpga/2012/5",
      "affecting_title": "Welfare Reform Act 2012"
    },
    {
      "type": "repealed",
      "affecting": "ukpga/2007/5",
      "affecting_title": "Welfare Reform Act 2007"
    },
    {
      "type": "repealed",
      "affecting": "ukpga/2007/5",
      "affecting_title": "Welfare Reform Act 2007"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1992/4/schedule/3/paragraph/5",
    "retrieved_at": "2026-10-29T09:36:29.915383+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}