Section 21 Contribution conditions.

England, Wales and Scotland

(1)

Entitlement to any of the benefits specified in section 20(1) above, F1other than F2short-term incapacity benefit under subsection (1)(b) of section 30A below, long-term incapacity benefit under subsection (5) of that section F3, maternity allowance under section 35 F4or 35B below or short-term or long-term incapacity benefit under section 40 or 41 below F5or a shared additional pension under section 55A F6or 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

F7. . .	. . .
F8Short-term incapacity benefit under section F930A(1)(a) below	Class 1 or 2
F10. . .	. . .

Other benefits

F11. . .	. . .
Widowed mother’s allowance	Class 1, 2 or 3
F12Widowed 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.

F13(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 F14so 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.

F15(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) F16, (2A) and (3)(a), 23(3)(a), 24(2)(a), F1744(6)(za) and (a) F18... below; and

(c)

paragraphs 2(4)(a) and (5)(a), 4(2)(a), 5(2)(b) and (4)(a) F19, 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.

Annotations

Textual amendments

F1: Words in s. 21(1) substituted (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 3(2); S.I. 1994/2926, art. 2(4), Sch. Pt. 4
F2: Words in s. 21(1) inserted (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 21(a); S.I. 2000/2958, art. 2(3)(e)(4)(5)
F3: Words in s. 21(1) inserted (12.1.2000 for specified purposes, 2.4.2000 for all other purposes) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 31(2); S.I. 1999/3309, art. 2(1)(b)
F4: Words in s. 21(1) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations 2014 (S.I. 2014/606), regs. 1(2), 2(2)
F5: Words in s. 21(1) inserted (1.12.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 12 para. 16; S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV
F6: Words in s. 21(1) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 11 para. 3
F7: Words in s. 21(2) table omitted (7.10.1996) by virtue of Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 3; S.I. 1996/2208, art. 2(b)
F8: Words in s. 21(2) table substituted (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 3(3); S.I. 1994/2926, art. 2(4), Sch. Pt. 4
F9: Words in s. 21(1) substituted (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 21(b); S.I. 2000/2958, art. 2(3)(e)(4)(5)
F10: Words in s. 21(2) repealed (12.1.2000 for specified purposes, 2.4.2000 for all other purposes) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 31(3), Sch. 13 Pt. V; S.I. 1999/3309, art. 2(1)(b)(c)
F11: Words in s. 21(2) table omitted (6.4.2017) by virtue of Pensions Act 2014 (c. 19), s. 56(1), Sch. 16 para. 4(2); S.I. 2017/297, art. 3(2) (with arts. 4, 5)
F12: Words in s. 21(2) inserted (24.4.2000 for specified purposes, 9.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 4(2)(b); S.I. 2000/1047, art. 2(2)(a), Sch. Pt. I
F13: S. 21(4) omitted (6.4.2017) by virtue of Pensions Act 2014 (c. 19), s. 56(1), Sch. 16 para. 4(3); S.I. 2017/297, art. 3(2) (with arts. 4, 5)
F14: Words in s. 21(5)(c)(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. 6
F15: S. 21(5A) inserted (6.4.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 60; S.I. 1999/418, art. 2(2)(3)(a)
F16: Word in s. 21(5A)(b) inserted (8.1.2001 for specified purposes, 25.1.2001 for specified purposes, 6.4.2002 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 35(2)(a), 86(1)(b)(2); S.I. 2000/2950, art. 6; S.I. 2001/153, art. 2(a)
F17: Words in s. 21(5A)(b) substituted (8.1.2001 for specified purposes, 25.1.2001 for specified purposes, 6.4.2002 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 35(2)(b), 86(1)(b)(2); S.I. 2000/2950, art. 6; S.I. 2001/153, art. 2(a)
F18: Words in s. 21(5A)(b) repealed with savings (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1
F19: Words in s. 21(5A)(c) inserted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 2; S.I. 2011/3033, art. 2(c)(ii)

Notes on Part II

Modifications

C1: Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV
C2: Pt. 2: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(1)(2)(6)(h), 89(4)(a) (with s. 52(7))