Part 4Employment income: exemptions

Chapter 8Exemptions: special kinds of employees

MPs, government ministers etc.

293Overnight expenses of other elected representatives

1

No liability to income tax arises in respect of a payment to which this section applies if it is expressed to be made in respect of a member’s necessary overnight expenses.

2

This section applies to payments—

a

made to members of the Scottish Parliament under section 81(2) of the Scotland Act 1998 (c. 46),

b

made to members of the National Assembly for Wales under section 16(2) of the Government of Wales Act 1998 (c. 38), or

c

made to members of the Northern Ireland Assembly under section 47(2) of the Northern Ireland Act 1998 (c. 47).

3

In this section “a member’s necessary overnight expenses” means additional expenses necessarily incurred by a member for the purpose of performing duties as a member in staying overnight away from the member’s only or main residence—

a

in the area in which the Parliament or Assembly to which the member belongs sits, or

b

in the constituency or region which the member represents.