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A detailed guide to State Pensions for advisers and others

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How <strong>to</strong> qualify <strong>for</strong> Home Responsibilities Protection?<br />

To qualify <strong>for</strong> Home Responsibilities Protection in a given tax year since 1978,<br />

a person must have:<br />

• been awarded Child Benefit throughout the year <strong>for</strong> a child aged under 16;<br />

• regularly spent 35 hours a week throughout the year looking after a person who<br />

received Attendance Allowance, Constant Attendance Allowance or the middle<br />

or highest care components of Disability Living Allowance <strong>for</strong> at least 48 weeks<br />

in the year;<br />

• got Income Support throughout the year <strong>and</strong> did not need <strong>to</strong> look <strong>for</strong> work<br />

because they were caring <strong>for</strong> a disabled person;<br />

• been an approved foster parent throughout the year from 2003; or<br />

• had a combination of some of the above circumstances apply <strong>to</strong> them.<br />

It can help people who do not do any paid work <strong>and</strong> those who do some work but<br />

do not have enough earnings in the tax year <strong>to</strong> make it a qualifying year.<br />

Exclusion from Home Responsibilities Protection<br />

Married women <strong>and</strong> widows cannot get Home Responsibilities Protection <strong>for</strong> any<br />

tax year in which they would be paying married women’s reduced rate National<br />

Insurance contributions if they were working. However, women lose their right <strong>to</strong><br />

reduced liability if <strong>for</strong> any two whole consecutive tax years since 6 April 1978,<br />

they have not had any earnings on which Class 1 National Insurance contributions<br />

needed <strong>to</strong> be paid or treated as paid <strong>and</strong> they have not been self-employed. This<br />

is known as the two-year test. Unless they are sure what their position is, they<br />

should check it with HMRC. They may find that they no longer have reduced<br />

liability <strong>and</strong> so can get Home Responsibilities Protection if they claim it or it may<br />

have been awarded <strong>to</strong> them au<strong>to</strong>matically.<br />

When <strong>to</strong> claim Home Responsibilities Protection<br />

Since April 2002, Home Responsibilities Protection must be claimed within three<br />

years of providing care if a person is caring <strong>for</strong> a sick or disabled person. It is<br />

important <strong>to</strong> regularly let the HMRC know the situation.<br />

People must apply <strong>for</strong> Home Responsibilities Protection <strong>for</strong> each tax year using<br />

<strong>for</strong>m CF411 Home Responsibilities Protection <strong>for</strong>m. This will apply if they are:<br />

• looking after someone who is getting Attendance Allowance, Constant<br />

Attendance Allowance or the middle or highest care component of Disability<br />

Living Allowance;<br />

• covered <strong>for</strong> the whole tax year only by a combination of the qualifying reasons –<br />

<strong>for</strong> example, if their youngest child reaches 16 in August, <strong>and</strong> from August <strong>to</strong><br />

5 April of that tax year they look after someone who is sick or disabled; or<br />

• a foster carer. (They must also enclose a letter from the local authority or<br />

agency which employs them <strong>to</strong> confirm that they have been an approved foster<br />

carer throughout the full tax year.)

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