3. In regulation 90K (default surcharge) after paragraph (7) insert—
“(8) Section 108 of the Finance Act 2009(1) (suspension of penalties during currency of agreement for deferred payment) applies to a surcharge payable under this regulation with the following modifications—
(a)in subsections (1)(a), (1)(b) and (4)(a) omit the words “of tax”,
(b)for subsection (5) substitute the following—
“(5) The references to an amount and penalty referred to in subsections (1) and (2) are—
| Amount | Penalty |
|---|---|
| Specified payments within the meaning of regulation 90M of the Social Security (Contributions) Regulations 2001 | Surcharge under regulation 90K of the Social Security (Contributions) Regulations 2001” |
, and
(c)omit subsections (7), (8), (9), and (11).”.