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

JurisdictionUK Non-devolved
CitationSI 2011/2862

2011 No. 2862

Social Security

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

Made 29th November 2011

Laid before Parliament 30th November 2011

Coming into force 1st January 2012

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 2(3B)(a) and 35(1) of the Jobseekers Act 19951and section 24(1) of, and paragraph 1(4)(a) of Schedule 1 to, the Welfare Reform Act 20072.

This instrument contains only regulations made by virtue of sections 12(5) and 13(5) of the Welfare Reform Act 2009 and is made before the end of the period of 6 months beginning with the coming into force of those sections3.

S-1 Citation and commencement

Citation and commencement

1.—(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.

S-2 Amendment of the Jobseeker’s Allowance Regulations 1996

Amendment of the Jobseeker’s Allowance Regulations 1996

2. After regulation 45A of the Jobseeker’s Allowance Regulations 19964(the contribution-based conditions and relevant earnings) insert—

S-45B

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 conditions5if the claimant has—

(a)

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

(b)

(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 19756(credits for certain spouses and civil partners of members of Her Majesty’s forces).”.

S-3 Amendment of the Employment and Support Allowance Regulations 2008

Amendment of the Employment and Support Allowance Regulations 2008

3. In regulation 8(2) of the Employment and Support Allowance Regulations 20087(relaxation of the first contribution condition) at the end of sub-paragraph (c) omit “or” and insert—

“(ca)

“(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”.

Freud

Parliamentary Under-Secretary of State,

Department for Work and Pensions

29th November 2011

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