The Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations 2010

• Citation: S.I. 2010/2446
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations 2010 and come into force on 1st November 2010.

Section 2 Amendment of the Jobseeker’s Allowance Regulations 1996

In the Jobseeker’s Allowance Regulations 1996 , at the beginning of Part 3 (after the heading “OTHER CONDITIONS OF ENTITLEMENT”) insert the following new regulation—

The contribution-based conditions and relevant earnings

(45A)

(1) A claimant’s relevant earnings for the purposes of section 2(2)(b) of the Act are the total amount of the claimant’s earnings at the lower earnings limit for the base year.

(2) For the purposes of paragraph (1), earnings which exceed the lower earnings limit are to be disregarded.

Section 3 Amendment of the Employment and Support Allowance Regulations 2008

(1) The Employment and Support Allowance Regulations 2008 are amended as follows.

(2) At the beginning of Part 3 (after the heading “CONDITIONS OF ENTITLEMENT —CONTRIBUTORY ALLOWANCE”) insert the following new regulation—

Conditions relating to national insurance and relevant earnings

(7A)

(1) A claimant’s relevant earnings for the purposes of paragraph 1(2)(a) of Schedule 1 to the Act (employment and support allowance: conditions relating to national insurance) are the total amount of the claimant’s earnings at the lower earnings limit for the base tax year.

(2) For the purposes of paragraph (1), earnings which exceed the lower earnings limit are to be disregarded.

(3) For regulation 8(1)(b) (relaxation of the first contribution condition) substitute—

(b) the claimant has—

(i) earnings at the lower earnings limit in that tax year on which primary Class 1 contributions have been paid or treated as paid which in total, and disregarding any earnings which exceed the lower earnings limit for that year, are not less than that limit multiplied by 26; or

(ii) earnings factors in that tax year derived from Class 2 contributions multiplied by 26.