NIM41315 - Home Responsibilities Protection: what is HRP and who qualifies for it: legislation for Great Britain

The GB legislation for HRP is listed below. Corresponding legislation and orders exist for Northern Ireland, seeNIM041316.

Sections 21 - 23 of the SSCBA 1992 - set out the contribution conditions for entitlement to state benefits including basic State Pension and bereavement benefits

Sections 141 - 147 of the SSCBA 1992 - set out the basis of the Child Benefit Scheme.

Paragraph 5(7)(b) of Schedule 3 to the SSCBA 1992 - provides for the contribution conditions for benefit to be varied by the application of HRP.

The following regulations define "precluded from regular employment":

The Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Regulations 1978 - first definition of "precluded from regular employment".

The Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Amendments Regulations 1988, SI 623 - amends para 5(6) of Schedule 3 to the SSCBA 1992 - allows a person to qualify for HRP if, during a complete tax year, they were entitled to a combination of Child Benefit and Income Support as a carer (from 2003 this includes foster parents and carers).

The Social Security Pensions (Home Responsibilities) Regulations 1994 - consolidates and amends provisions contained in the 1978 regulations and revokes the HRP amendment regulations of 1981 and 1988.

Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2001 - provided for HRP to be taken into account for the calculation of Additional Pension and to specify a time limit for claiming HRP after 5 April 2002.

The Social Security Pensions (Home Responsibilities) Amendment Regulations 2003 - extends HRP to foster parents.

The Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2005 - if Child Benefit is transferred to another customer within the first 3 months of a tax year the customer is treated as if they were entitled to Child Benefit from the start of the tax year.