Regulation 2 Amendment of the Social Security Pensions (Home Responsibilities) Regulations 1994

Regulation 2 of the Social Security Pensions (Home Responsibilities) Regulations 1994 ^f1 (preclusion from regular employment for the purpose of paragraph 5(7)(b) of Schedule 3 to the Act) is amended as follows.

In paragraph (2)—

After paragraph (4B) insert—

“(4C)

In paragraph (2)(aa), “partner” means the person with whom he was both residing and sharing responsibility for the child throughout that year.”.

After paragraph (5)(a) insert—

“(aza)

in the case of a person who satisfies the condition in paragraph (2)(aa) above—

(i)

such information is not furnished as the Secretary of State may from time to time require which is relevant to the question of whether in that year he was precluded from regular employment by responsibilities at home within the meaning of these Regulations;

(ii)

he attained pensionable age on or before 5^th April 2008 or, in relation to a claim for a bereavement benefit in respect of his death, he died on or before that date; or

(iii)

the aggregate of his partner’s earnings factors—

(aa)

in respect of any year preceding 2002-2003;

(bb)

in respect of the year 2002-2003 or any subsequent year, where those earnings factors are derived from so much of his earnings as do not exceed the upper earnings limit and upon which primary Class 1 contributions have been paid or treated as paid,

is less than the qualifying earnings factor for the year in question.”.