In accordance with social welfare legislation, the weekly rate of disability benefit payable depends on the level of earnings a claimant had in the governing contribution year. In order to qualify for payment at the maximum rate a claimant is required to have reckonable average weekly earnings of £70 or more in the governing contribution year. A claimant with no reckonable earnings in the governing contribution year is deemed to have average weekly earnings of £25 and qualifies for a reduced payment of disability benefit.
The person concerned claimed disability benefit from 25 November 1999 to 22 January 2000. As he had no reckonable earnings in the contribution year governing that claim, namely 1997-98, payment was made to him at the reduced personal rate of £33 per week, the appropriate maximum rate payable in his case.