If someone pays sufficient late contributions (years later but before the 6 year time limit) do they satisfy both the first and second contribution conditions for Incapacity Benefit and qualify to be paid?

I am unsure about the first as the first contribution condition requires that contributions are paid before the 'relevant time' and this is defined as being 'the day in respect of which benefit is claimed'. If the 'relevant time' is the start of the claim then clearly this cannot be met as this was years ago. I've looked at Schedule 3 of the SSCBA 1992 and the Regs. from SI 2001/794 but I can't figure this out and there are no relevant annotations in the legislation books. I know that arrears of benefit cannot be paid but could benefit be payable in the future?

Any help would be very much appreciated, particularly as the client involved would have to pay two years contributions and would definitely need to know whether this would entitle him to be paid Incapacity Benefit or not. As things stand he cannot be paid as he had an exemption from paying Class 2 N.I. contributions. Thanks.

I have previously advised a client to pay missing Class 2 NI conts and the Welfare Benefits Handbook (page 822) says that they are able to claim IB six weeks after they are paid. Local DWP agreed and as far as I am aware the client is now receiving IB.

The only difference I can see is that my client had failed to pay them and did not have exemption.

I have another client considering doing the same at the moment but don't know whether he has paid yet or paid and made a claim.

Hope this helps

Shona