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The Income Tax (Pay As You Earn) Regulations 2003

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Application to payers and payees

Application to agencies and agency workers

10.  (1)  For the purposes of these Regulations—

(a)agencies are treated as employers; and

(b)agency workers are treated as employees.

(2) For the purposes of the regulations listed in paragraph (3), an agency ceases to employ an agency worker at the earlier of—

(a)the end of the relationship between the agency and agency worker, or

(b)the end of a period of 3 months during which the agency makes no relevant payments to the agency worker,

and not each time the agency worker stops providing services to a client of the agency.

(3) The regulations are—

regulation 36cessation of employment: Form P45
regulation 37PAYE income paid after employment ceased
regulation 46(6)employer to ignore code relating to employment which has ceased
regulation 51(5) to (7)effects of employment ceasing on Form P45 procedure
regulation 94(3) to (7)information to former employees of other earnings.

(4) The following regulations do not apply to agencies or agency workers in their capacity as such—

regulation 34simplified deduction scheme for personal employees
regulation 35simplified deduction schemes: records
regulation 91termination awards: information to be provided
regulation 92termination awards: return if award changes
regulation 93termination awards: return if more than one employer
regulation 96termination awards: information to employees
Part 6PAYE settlement agreements
regulation 167jobseeker’s allowance paid by employer
regulation 168regulation 167 cases: application of other regulations.

Application to pension payers and pensioners

11.  (1)  For the purposes of these Regulations—

(a)pension payers are treated as employers;

(b)pensioners are treated as employees; and

(c)a pensioner’s “employment” with a pension payer starts when the pension starts and ends when the pension ends.

(2) The following regulations do not apply to pension payers or pensioners in their capacity as such—

regulation 25cumulative basis: subsidiary PAYE income of employee paid weekly or at greater intervals
regulation 34simplified deduction scheme for personal employees
regulation 35simplified deduction schemes: records
regulation 38death of employee (other than pensioner)
Chapter 2 of Part 3new employees (other than pensioners): Forms P45 and P46
regulation 63repayment during unpaid leave
regulation 64trade disputes
regulation 65repayment if no longer employed
regulation 71modification of regulation 68 in case of trade dispute
regulation 75additional return in case of trade dispute
regulations 85 to 89employers: annual return of other earnings
regulation 90quarterly return if car becomes available or unavailable
regulation 91termination awards: information to be provided
regulation 92termination awards: return if award changes
regulation 93termination awards: return if more than one employer
regulation 94employers: information to employees of other earnings
regulation 95third parties: information to employees of other earnings
regulation 96termination awards: information to employees
regulation 100tips: special arrangements
regulation 102(1)succession to a business etc: employees (other than pensioners)
regulation 104succession to a business: trade disputes
Part 6PAYE settlement agreements
Chapter 3 of Part 7holiday pay funds
regulation 151obtaining the claimant’s Form P45
regulation 167jobseeker’s allowance paid by employer
regulation 168regulation 167 cases: application of other regulations.

Application to other payers and payees

12.  (1)  For the purposes of these Regulations—

(a)other payers are treated as employers;

(b)other payees are treated as employees; and

(c)an other payee’s “employment” with an other payer starts when relevant payments start and ends when relevant payments end.

(2) The following regulations do not apply to other payers or other payees in their capacity as such—

regulation 34simplified deduction scheme for personal employees
regulation 35simplified deduction schemes: records
regulation 85 to 88employers: annual return of other earnings
regulation 90quarterly return if car becomes available or unavailable
regulation 91termination awards: information to be provided
regulation 92termination awards: return if award changes
regulation 93termination awards: return if more than one employer
regulation 94employers: information to employees of other earnings
regulation 95third parties: information to employees of other earnings
regulation 96termination awards: information to employees
Part 6PAYE settlement agreements
regulation 134interpretation of Chapter 3 (holiday pay funds)
regulation 167jobseeker’s allowance paid by employer
regulation 168regulation 167 cases: application of other regulations.

(3) Paragraph (2) is subject to regulation 91(9) (termination awards: former employers and employees).

(4) The following regulation does not apply to other payees in their capacity as such—

regulation 64trade disputes.

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