The Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations 2011

• Citation: S.I. 2011/2862
• Sections: 3

Section 1 Citation and commencement

(1) These Regulations may be cited as the Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations 2011.

(2) These Regulations come into force on 1st January 2012.

Section 2 Amendment of the Jobseeker’s Allowance Regulations 1996

After regulation 45A of the Jobseeker’s Allowance Regulations 1996 (the contribution-based conditions and relevant earnings) insert—

Relaxation of the first set of conditions

(45B)

(1) A claimant who also satisfies the condition in paragraph (2) is to be taken to satisfy the first set of conditions if the claimant has—

(a) paid Class 1 contributions before the relevant benefit week in respect of any one tax year; and

(b) 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.

(2) The condition referred to in paragraph (1) is that the claimant, in respect of any week during the last complete tax year preceding the relevant benefit year, is entitled to be credited with earnings in accordance with regulation 9E of the Social Security (Credits) Regulations 1975 (credits for certain spouses and civil partners of members of Her Majesty’s forces).

Section 3 Amendment of the Employment and Support Allowance Regulations 2008

In regulation 8(2) of the Employment and Support Allowance Regulations 2008 (relaxation of the first contribution condition) at the end of sub-paragraph (c) omit “or” and insert—

(ca) in respect of any week in the last complete tax year preceding the relevant benefit year, is entitled to be credited with earnings in accordance with regulation 9E of the Social Security (Credits) Regulations 1975 (credits for certain spouses and civil partners of members of Her Majesty’s forces); or