The Social Security (Contributions) (Amendment No. 3) (Northern Ireland) Regulations 2000

Amendment of the Social Security (Contributions) Regulations (Northern Ireland) 1979

2.—(1) The Social Security (Contributions) Regulations (Northern Ireland) 1979(1) are amended as follows.

(2) After regulation 37 (reallocation of contributions for benefit purposes)(2) insert—

“Circumstances in which two-year limit for refunds of Class 1, 1A or 1B contributions not to apply

37A.— (1) Section 19A(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (repayment of Class 1, 1A or 1B contributions paid in error) does not apply where the three circumstances prescribed in paragraphs (2), (3) and (4) exist.

(2) The first circumstance is that, in respect of the earnings derived in year 1 from an employment of the earner, Class 1, 1A, or 1B contributions have been paid.

(3) The second circumstance is that in respect of that employment and before the end of year 2—

(a) an application for the determination of a question as to the category of earners in which the earner is or was to be included (“the categorisation question”) has been made under section 15(1)(a) of the Social Security Administration (Northern Ireland) Act 1992(3) (“the Administration Act”) in accordance with regulation 13(1) of the Social Security (Adjudication) Regulations (Northern Ireland) 1995(4);

(b) a question of law arising in connection with the categorisation question has been referred by the Department(5) to a court under section 16 of the Administration Act;

(c) a request in writing has been made that an officer of the Board of Inland Revenue—

(i) decide the categorisation question under Article 7(1)(a) of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999(6), or

(ii) vary a decision made under that section; or

(d) the amount of income tax, which is liable to be paid in respect of year 1 and in respect of which the person liable to pay a Class 1B contribution is accountable, has been the subject of a relevant tax appeal.

(4) The third circumstance is that the question, reference, request or appeal referred to in paragraph (3) has not been determined or finally disposed of, as the case may be, at the end of year 2.

(5) For the purposes of this regulation—

• “relevant tax appeal” has the meaning given by paragraph 6(4A) of Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992(7),

• “year 1” and “year 2” have the meanings given by section 19A(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, and

a question, reference, request or appeal shall only be taken to be determined or finally disposed of when the time for appealing against it has expired or no further appeal is possible.”.

(1)

S.R. 1979 No. 186.

(2)

Regulation 37 was amended by S.R. 1992 No. 138.

(3)

1992 c. 8. Part II (except sections 22 and 50) was repealed by Schedule 7 to the Social Security (Northern Ireland) Order 1998.

(4)

S.R. 1995 No. 293. Regulation 13 was revoked by Schedule 3 to the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 162). Article 4 of S.R. 1999 No. 371 contains relevant savings.

(5)

i.e. the Department of Health and Social Services for Northern Ireland. The functions of the Department under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 were transferred to the Department for Social Development by Article 8(b) of, and Part II of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481).

(6)

S.I. 1999/671.

(7)

Sub-paragraph (4A) was inserted by paragraph 58(11) of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and amended by paragraph 3 of Schedule 8 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.