Statutory Instruments
2010 No. 2446
Social Security
The Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations 2010
Made
6th October 2010
Laid before Parliament
11th October 2010
Coming into force
1st November 2010
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers contained in sections 2(2A), 35(1) and 36(2) and (4) of the Jobseekers Act 1995( 1 ) and sections 24(1) and 25(2), (3) and (5) of, and paragraph 1(3) and (4) of Schedule 1 to, the Welfare Reform Act 2007( 2 ).
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 2010 and come into force on 1st November 2010.
Amendment of the Jobseeker’s Allowance Regulations 1996
2. In the Jobseeker’s Allowance Regulations 1996( 5 ), 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. ” .
Amendment of the Employment and Support Allowance Regulations 2008
3. —(1)The Employment and Support Allowance Regulations 2008( 6 ) 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. ” .
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State
Department for Work and Pensions
6th October 2010
1995 c.18 . Subsection (2A) was inserted into section 2 by section 12(1) and (3) of the Welfare Reform Act 2009 (c.24) . Section 36(4) was amended by paragraph 63 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc. ) Act 1999 (c.2) . Section 35(1) is an interpretation provision and is cited because of the meaning given to the word “regulations”.
2007 c.5 . Paragraph 1(3) was substituted by section 13(1) and (4) of the Welfare Reform Act 2009. Section 24(1) is an interpretation provision and is cited because of the meaning given to the word “regulations”.
See section 173(5) of the Social Security Administration Act 1992 (c.5) .