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| | BARONESS HOLLIS OF HEIGHAM |
| 78AP* | Insert the following new Clause— |
| | "Additional Class 3 contributions |
| (1) | The Social Security Contributions and Benefits Act 1992 (c. 4) is amended as follows. |
| (2) | After section 13 insert— |
| "13A | Right to pay additional Class 3 contributions in certain cases |
| (1) | An eligible person is entitled, if he so wishes, but subject to any prescribed conditions and to the following provisions of this section, to pay Class 3 contributions in respect of a missing year. |
| (2) | A missing year is a tax year not earlier than 1975-76 in respect of which the person would under regulations under section 13 be entitled to pay Class 3 contributions but for a limit on the time within which contributions may be paid in respect of that year. |
| (3) | A person is not entitled to pay contributions in respect of more than 6 tax years under this section. |
| (4) | A person is not entitled to pay any contribution under this section after the end of 6 years beginning with the day on which he attains pensionable age. |
| (5) | A person is an eligible person if the following conditions are satisfied. |
| (6) | The first condition is thatthe person attained or will attain pensionable age in the period— |
| (a) | beginning with 6th April 2008, and |
| (b) | ending with 5th April 2015. |
| (7) | The second condition is that there are at least 20 tax years each of which is a year to which subsection (8) or (10) applies. |
| (8) | This subsection applies if— |
| (a) | the year is one in respect of which the person has paid or been credited with contributions of a relevant class or been credited (in the case of 1987-88 or any subsequent year) with earnings, and |
| (b) | in the case of that year, the earnings factor derived as mentioned in subsection (9) is not less than the qualifying earnings factor for that year. |
| (9) | For the purposes of subsection (8)(b) the earnings factor— |
| (a) | in the case of 1987-88 or any subsequent year, is that which is derived from— |
| (i) | so much of the persons earnings as did not exceed the upper earnings limit and upon which such of the contributions mentioned in subsection (8)(a) as are primary Class 1 contributions were paid or treated as paid or earnings credited, and |
| (ii) | any Class 2 or Class 3 contributions for the year, or |
| (b) | in the case of any earlier year, is that which is derived from the contributions mentioned in subsection (8)(a). |
| (10) | This subsection applies (in the case of a person who attained or will attain pensionable age before 6th April 2010) if the year is one in which the person was precluded from regular employment by responsibilities at home within the meaning of regulations under paragraph 5(7) of Schedule 3. |
| (11) | The third condition applies only if the person attained or will attain pensionable age before 6th April 2010. |
| (12) | That condition is that— |
| (a) | the person has, in respect of any one tax year before that in which he attains pensionable age, actually paid contributions of a relevant class, and |
| (b) | in the case of that year, the earnings factor derived as mentioned in subsection (13) is not less than the qualifying earnings factor for that year. |
| (13) | For the purposes of subsection (12)(b) the earnings factor— |
| (a) | in the case of 1987-88 or any subsequent year, is that which is derived from— |
| (i) | so much of the persons earnings as did not exceed the upper earnings limit and upon which such of the contributions mentioned in subsection (12)(a) as are primary Class 1 contributions were paid or treated as paid, and |
| (ii) | any Class 2 or Class 3 contributions for the year, or |
| (b) | in the case of any earlier year, is that which is derived from the contributions mentioned in subsection (12)(a)." |
| (3) | In section 1(2)(d) (outline of contribution system) after "section 13" insert "or 13A"." |
| 78AQ* | Insert the following new Clause— |
| | "Additional Class 3 contributions (Northern Ireland) |
| (1) | The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) is amended as follows. |
| (2) | After section 13 insert— |
| "13A | Right to pay additional Class 3 contributions in certain cases |
| (1) | An eligible person is entitled, if he so wishes, but subject to any prescribed conditions and to the following provisions of this section, to pay Class 3 contributions in respect of a missing year. |
| (2) | A missing year is a tax year not earlier than 1975-76 in respect of which the person would under regulations under section 13 be entitled to pay Class 3 contributions but for a limit on the time within which contributions may be paid in respect of that year. |
| (3) | A person is not entitled to pay contributions in respect of more than 6 tax years under this section. |
| (4) | A person is not entitled to pay any contribution under this section after the end of 6 years beginning with the day on which he attains pensionable age. |
| (5) | A person is an eligible person if the following conditions are satisfied. |
| (6) | The first condition is thatthe person attained or will attain pensionable age in the period— |
| (a) | beginning with 6th April 2008, and |
| (b) | ending with 5th April 2015. |
| (7) | The second condition is that there are at least 20 tax years each of which is a year to which subsection (8) or (10) applies. |
| (8) | This subsection applies if— |
| (a) | the year is one in respect of which the person has paid or been credited with contributions of a relevant class or been credited (in the case of 1987-88 or any subsequent year) with earnings, and |
| (b) | in the case of that year, the earnings factor derived as mentioned in subsection (9) is not less than the qualifying earnings factor for that year. |
| (9) | For the purposes of subsection (8)(b) the earnings factor— |
| (a) | in the case of 1987-88 or any subsequent year, is that which is derived from— |
| (i) | so much of the persons earnings as did not exceed the upper earnings limit and upon which such of the contributions mentioned in subsection (8)(a) as are primary Class 1 contributions were paid or treated as paid or earnings credited, and |
| (ii) | any Class 2 or Class 3 contributions for the year, or |
| (b) | in the case of any earlier year, is that which is derived from the contributions mentioned in subsection (8)(a). |
| (10) | This subsection applies (in the case of a person who attained or will attain pensionable age before 6th April 2010) if the year is one in which the person was precluded from regular employment by responsibilities at home within the meaning of regulations under paragraph 5(7) of Schedule 3. |
| (11) | The third condition applies only if the person attained or will attain pensionable age before 6th April 2010. |
| (12) | That condition is that— |
| (a) | the person has, in respect of any one tax year before that in which he attains pensionable age, actually paid contributions of a relevant class, and |
| (b) | in the case of that year, the earnings factor derived as mentioned in subsection (13) is not less than the qualifying earnings factor for that year. |
| (13) | For the purposes of subsection (12)(b) the earnings factor— |
| (a) | in the case of 1987-88 or any subsequent year, is that which is derived from— |
| (i) | so much of the persons earnings as did not exceed the upper earnings limit and upon which such of the contributions mentioned in subsection (12)(a) as are primary Class 1 contributions were paid or treated as paid, and |
| (ii) | any Class 2 or Class 3 contributions for the year, or |
| (b) | in the case of any earlier year, is that which is derived from the contributions mentioned in subsection (12)(a)." |
| (3) | In section 1(2)(d) (outline of contribution system) after "section 13" insert "or 13A"." |
| 79 | Page 71, line 8, after "to" insert "a statutory instrument containing" |
| 80 | Page 71, line 8, leave out "an order or regulations" and insert "to a statutory instrument" |
| 81 | Page 71, line 10, leave out "No order or regulations" and insert "A statutory instrument" |
| 82 | Page 71, line 10, after "may" insert "not" |
| 83 | Page 71, line 11, leave out "order or regulations" and insert "instrument" |
| 84 | Page 71, line 13, at end insert "a statutory instrument containing (alone or with other provision)" |
| 85 | Page 71, line 14, leave out ", 123" |
| 86 | Page 129, line 28, column 2,at beginning insert— |
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