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Social Security Contributions and Benefits Act 1992

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Social Security Contributions and Benefits Act 1992

1992 CHAPTER 4

An Act to consolidate certain enactments relating to social security contributions and benefits with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

[13th February 1992]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1Act modified (E.W.S.) (29.6.1992) by The Social Security (Australia) Order 1992 (S.I. 1992/1312), art. 2, Schs. 1-3 (as read with Social Security (Consequential Provisions) Act 1992 (c. 6), s. 2; as modified (13.4.1995) by S.I. 1995/767, art. 2, Schs. 1-3; as modified (7.10.1996) by S.I. 1996/1928, art. 2, Schs. 1, 2); and as revoked with savings (1.3.2001) by virtue of S.I. 2000/3255, arts. 2(1), 3(1) (subject to art. 2(2))

C4Act modified (E.W.S.) (1.7.1992) by Social Security Administration Act 1992 (c. 5), s. 32(10)

C10Act modified (E.W.S.) (3.12.1992) by The Social Security (Norway) Order 1992 (S.I. 1992/3212), art. 2

C11Act modified (E.W.S.) (31.12.1992) by The Social Security (Iceland) Order 1992 (S.I. 1992/3211), arts. 1, 2

C12Act modified (E.W.S.) (4.7.1994) by The Social Security (Cyprus) Order 1994 (S.I. 1994/1646), arts. 1, 2

C14Act modified (E.W.S.) (13.4.1995) by The Social Security (Reciprocal Agreements) Order 1995 (S.I. 1995/767), art. 2, Schs. 1-3 (as amended (1.3.2001) by S.I. 2000/3255, art. 3(2) (with art. 2))

C16Act modified (19.7.1995) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 1

C17Act modified (E.W.S.) (1.12.1995) by The Social Security (Canada) Order 1995 (S.I. 1995/2699), art. 2, Sch. 1 (as amended (1.4.2015) by S.I. 2015/349, arts. 1(2), 3(2) (with art. 2))

C18Act: power to modify conferred (E.W.S.) (12.12.1995) by Jobseekers Act 1995 (c. 18), Sch. 1 para. 18; S.I. 1995/3228, art. 2(b), Sch.

C19Act: power to modify conferred (1.6.1996 for specified purposes, 6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), s. 149(2); S.I. 1996/778, art. 2(6); S.I. 1997/664, art. 2(3), Sch. Pt. 2

C26Act: certain functions transferred (25.2.1999 for specified purposes, 1.4.1999 for specified purposes, 6.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 8 (with s. 9); S.I. 1999/527, art. 2(b)(c), Schs. 2, 3 (with arts. 3-6) (and see also Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 23, for a power to transfer functions by Order in Council)

C27Act: decision-making functions transferred (5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 8 (with s. 11); S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with arts. 3-5); S.I. 1999/2422, art. 2(c), Sch. 1 (with Sch. 14); S.I. 1999/2739, art. 2, Sch. 1 (with Sch. 2); S.I. 1999/2860, art. 2(c), Sch. 1 (with Schs. 16-18); S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with Schs. 21-23)

C30Act: certain functions transferred (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 2 paras. 1, 7(a)

C31Act: power to amend conferred (2.12.1999) by Northern Ireland Act 1998 (c. 47), s. 87 (with s. 100, Sch. 14); S.I. 1999/3209, art. 2, Sch.

C32Act excluded in relation to certain persons (1.1.2000 for specified purposes, 3.4.2000 in so far as not already in force) by Immigration and Asylum Act 1999 (c. 33), s. 115(1); S.I. 1999/3190, art. 2, Sch.; S.I. 2000/464, art. 2, Sch.

C35Act excluded in relation to certain persons (E.W.S.) (10.9.2001 for specified purposes, 1.10.2001 in so far as not already in force) by Children (Leaving Care) Act 2000 (c. 35), ss. 6, 8(2); S.I. 2001/3070, art. 2

C36Act: power to amend or apply conferred (8.7.2002) by Employment Act 2002 (c. 22), ss. 45(3)(d)(iii), 55(2)

C37Act: certain functions transferred (1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), ss. 49, 50, 61 (with s 54); S.I. 2003/392, art. 2

C43Act modified (E.W.S.) (1.10.2007) by The Social Security (Ireland) Order 2007 (S.I. 2007/2122), art. 2

C51Act applied (with modifications) (27.11.2016 for specified purposes, 6.4.2017 in so far as not already in force) by The Social Security (Northern Ireland Reciprocal Arrangements) (Amendment) Regulations 2016 (S.I. 2016/1050), regs. 1(2), 2(2)

Commencement Information

I1Act wholly in force at 1.7.1992 except as provided in Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 4: see s. 177(4)

Modifications etc. (not altering text)

C53Pts. 1, 6 modified (6.4.2001) by S.I. 2001/1004, regs. 1(1), 113, 114(2) (with reg. 138)

Part IU.K. Contributions

Modifications etc. (not altering text)

PreliminaryE+W+S

1 Outline of contributory system.E+W+S

(1)The funds required—

(a)for paying such benefits under this Act [F1or any other Act] as are payable out of the National Insurance Fund and not out of other public money; and

(b)for the making of payments under section 162 of the Administration Act towards the cost of the National Health Service,

shall be provided by means of contributions payable to the [F2Inland Revenue] by earners, employers and others, together with the additions under subsection (5) below [F3and amounts payable under section 2 of the Social Security Act 1993].

(2)Contributions under this Part of this Act shall be of the following F4... classes—

(a)Class 1, earnings-related, payable under section 6 below, being—

(i)primary Class 1 contributions from employed earners; and

(ii)secondary Class 1 contributions from employers and other persons paying earnings;

(b)Class 1A, payable under section 10 below F5... by persons liable to pay secondary Class 1 contributions and certain other persons;

[F6(bb)Class 1B, payable under section 10A below by persons who are accountable to the Inland Revenue in respect of income tax on [F7general earnings] in accordance with a PAYE settlement agreement;]

(c)Class 2, flat-rate, payable F8... under section 11 below by self-employed earners;

(d)Class 3, payable under section 13 [F9or 13A] below by earners and others voluntarily with a view to providing entitlement to benefit, or making up entitlement;

[F10(da)Class 3A, payable by eligible people voluntarily under section 14A with a view to obtaining units of additional pension;] and

(e)Class 4, payable under section 15 below in respect of the profits or gains of a trade, profession or vocation, or under section 18 below in respect of equivalent earnings.

(3)The amounts and rates of contributions in this Part of this Act and the other figures in it which affect the liability of contributors shall—

(a)be subject to regulations under sections 19(4) and 116 to 120 below; and

(b)to the extent provided for by Part IX of the Administration Act be subject to alteration by orders made by the [F11Treasury] from year to year under that Part,

F12...

(4)Schedule 1 to this Act—

(a)shall have effect with respect to the computation, collection and recovery of contributions of Classes 1, 1A, [F131B,] [F14, 3 and 3A], and otherwise with respect to contributions of those classes; and

(b)shall also, to the extent provided by regulations made under section 18 below, have effect with respect to the computation, collection and recovery of Class 4 contributions, and otherwise with respect to such contributions, F15....

(5)For each financial year there shall, by way of addition to contributions, be paid out of money provided by Parliament, in such manner and at such times as the Treasury may determine, amounts the total of which for any such year is equal to the aggregate of all statutory sick pay [F16, statutory maternity pay, [F17statutory paternity pay,] statutory adoption pay] [F18and statutory shared parental pay] recovered by employers and others in that year, as estimated by the Government Actuary or the Deputy Government Actuary.

(6)No person shall—

(a)be liable to pay Class 1, Class 1A [F19, Class 1B] or Class 2 contributions unless he fulfils prescribed conditions as to residence or presence in Great Britain;

(b)be entitled to pay Class 3 contributions unless he fulfils such conditions; or

(c)be entitled to pay Class 1, Class 1A [F19, Class 1B] or Class 2 contributions other than those which he is liable to pay, except so far as he is permitted by regulations to pay them.

[F20(7)Regulations under subsection (6) above shall be made by the Treasury.]

Textual Amendments

F2Words in s. 1(1) substituted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 5(2); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F3Words in s. 1(1) added (29.1.1993) by Social Security Act 1993 (c. 3), ss. 2(9), 5

F5Words in s. 1(2)(b) omitted (with effect in relation to the tax year beginning with 6.4.2000 and subsequent tax years) by virtue of Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 74(1), 86, Sch. 9 Pt. 8(1) (with s. 74(8))

F6S. 1(2)(bb) inserted (8.9.1998 for specified purposes, 6.4.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 56(1); S.I. 1998/2209, art. 2(b)(c), Sch. Pts. 2, 3

F7Words in s. 1(2)(bb) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 170 (with Sch. 7)

F8Word in s. 1(2)(c) omitted (with effect for the tax year 2015-16 and subsequent tax years) by virtue of National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 2, 35

F9Words in s. 1(2)(d) inserted (6.4.2009) by Pensions Act 2008 (c. 30), ss. 135(3), 149(4)

F12Words in s. 1(3) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 49

F13Word in s. 1(4)(a) inserted (8.9.1998 for specified purposes, 6.4.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 56(2); S.I. 1998/2209, art. 2(b)(c), Sch. Pts. 2, 3

F15Words in s. 1(4)(b) repealed (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 5(3), Sch. 10 Pt. 1; S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F16Words in s. 1(5) substituted (8.12.2002) by Employment Act 2002 (c. 22), ss. 6(3), 55(2); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2

F19Words in s. 1(6) inserted (8.9.1998 for specified purposes, 6.4.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 56(3); S.I. 1998/2209, art. 2(b)(c), Sch. Pts. 2, 3

2 Categories of earners.E+W+S

(1)In this Part of this Act and Parts II to V below—

(a)“employed earner” means a person who is gainfully employed in Great Britain either under a contract of service, or in an office (including elective office) with F21... [F22earnings]; and

(b)“self-employed earner” means a person who is gainfully employed in Great Britain otherwise than in employed earner’s employment (whether or not he is also employed in such employment).

(2)Regulations may provide—

(a)for employment of any prescribed description to be disregarded in relation to liability for contributions otherwise arising from employment of that description;

(b)for a person in employment of any prescribed description to be treated, for the purposes of this Act, as falling within one or other of the categories of earner defined in subsection (1) above, notwithstanding that he would not fall within that category apart from the regulations.

[F23(2ZA)Regulations under subsection (2)(b) may make provision treating a person (“P”) as falling within one or other of the categories of earner in relation to an employment where arrangements have been entered into the main purpose, or one of the main purposes, of which is to secure—

(a)that P is not treated by other provision in regulations under subsection (2)(b) as falling within that category of earner in relation to the employment, or

(b)that a person is not treated as the secondary contributor in respect of earnings paid to or for the benefit of P in respect of the employment.

(2ZB)In subsection (2ZA) “arrangements” include any scheme, transaction or series of transactions, agreement or understanding, whether or not legally enforceable, and any associated operations.]

[F24(2A)Regulations under subsection (2) above shall be made by the Treasury and, in the case of regulations under paragraph (b) of that subsection, with the concurrence of the Secretary of State.]

(3)Where a person is to be treated by reference to any employment of his as an employed earner, then he is to be so treated for all purposes of this Act; and references throughout this Act to employed earner’s employment shall be construed accordingly.

(4)Subsections (1) to (3) above are subject to the provision made by section 95 below as to the employments which are to be treated, for the purposes of industrial injuries benefit, as employed earner’s employments.

(5)For the purposes of this Act, a person shall be treated as a self-employed earner as respects any week during any part of which he is such an earner (without prejudice to his being also treated as an employed earner as respects that week by reference to any other employment of his).

Textual Amendments

F22Words in s. 2(1)(a) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 171 (with Sch. 7)

3“Earnings" and “earner".E+W+S

(1)In this Part of this Act and Parts II to V below—

(a)“earnings” includes any remuneration or profit derived from an employment; and

(b)“earner” shall be construed accordingly.

(2)For the purposes of this Part of this Act and of Parts II to V below other than those of Schedule 8—

(a)the amount of a person’s earnings for any period; or

(b)the amount of his earnings to be treated as comprised in any payment made to him or for his benefit,

shall be calculated or estimated in such manner and on such basis as may be prescribed [F25by regulations made by the Treasury with the concurrence of the Secretary of State].

[F26(2A)Regulations made for the purposes of subsection (2) above may provide that, where a payment is made or a benefit provided to or for the benefit of two or more earners, a proportion (determined in such manner as may be prescribed) of the amount or value of the payment or benefit shall be attributed to each earner.]

(3)Regulations made for the purposes of subsection (2) above may prescribe that payments of a particular class or description made or falling to be made to or by a person shall, to such extent as may be prescribed, be disregarded or, as the case may be, be deducted from the amount of that person’s earnings.

[F27(4)Subsection (5) below applies to regulations made for the purposes of subsection (2) above which make special provision with respect to the earnings periods of directors and former directors of companies.

(5)Regulations to which this subsection applies may make provision—

(a)for enabling companies, and directors and former directors of companies, to pay on account of any earnings-related contributions that may become payable by them such amounts as would be payable by way of such contributions if the special provision had not been made; and

(b)for requiring any payments made in accordance with the regulations to be treated, for prescribed purposes, as if they were the contributions on account of which they were made.]

Textual Amendments

4 Payments treated as remuneration and earnings.E+W+S

(1)For the purposes of section 3 above there shall be treated as remuneration derived from employed earner’s employment—

(a)any sum paid to or for the benefit of a person in satisfaction (whether in whole or in part) of any entitlement of that person to—

(i)statutory sick pay; or

(ii)statutory maternity pay;

[F28(iii)F29... statutory paternity pay;

F30(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)statutory adoption pay;] [F31or

(vi)statutory shared parental pay; and]

(b)any sickness payment made—

(i)to or for the benefit of the employed earner; and

(ii)in accordance with arrangements under which the person who is the secondary contributor in relation to the employment concerned has made, or remains liable to make, payments towards the provision of that sickness payment.

(2)Where the funds for making sickness payments under arrangements of the kind mentioned in paragraph (b) of subsection (1) above are attributable in part to contributions to those funds made by the employed earner, regulations may make provision for disregarding, for the purposes of that subsection, the prescribed part of any sum paid as a result of the arrangements.

(3)For the purposes of subsections (1) and (2) above “sickness payment” means any payment made in respect of absence from work due to incapacity for work, F32....

[F33(4)For the purposes of section 3 above there shall be treated as remuneration derived from an employed earner’s employment—

[F34(a)the amount of any gain calculated under section 479 [F35of ITEPA 2003 in respect of which an amount counts as employment income of the earner under section 476 of that Act (charge on acquisition of securities pursuant to option etc), reduced by any amounts deducted under section 480(1) to (6) of that Act in arriving at the amount counting as such employment income;]]

(b)any sum paid (or treated as paid) to or for the benefit of the earner which is chargeable to tax by virtue of [F36section 225 or 226 of ITEPA 2003] (taxation of consideration for certain restrictive undertakings).]

(5)For the purposes of section 3 above regulations may make provision for treating as remuneration derived from an employed earner’s employment any payment made by a body corporate to or for the benefit of any of its directors where that payment would, when made, not be earnings for the purposes of this Act.

[F37(6)Regulations may make provision for the purposes of this Part—

(a)for treating any amount on which an employed earner is chargeable to income tax under [F38the employment income Parts of ITEPA 2003] as remuneration derived from the earner’s employment; and

(b)for treating any amount which in accordance with regulations under paragraph (a) above constitutes remuneration as an amount of remuneration paid, at such time as may be determined in accordance with the regulations, to or for the benefit of the earner in respect of his employment.]

[F39(7)Regulations under this section shall be made by the Treasury with the concurrence of the Secretary of State.]

Textual Amendments

F28S. 4(1)(a)(iii)-(v) substituted for s. 4(1)(a)(iii)(iv) (6.4.2010) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 4; S.I. 2010/495, art. 4(d)

F33S. 4(4) substituted (21.5.1998 for specified purposes, 8.9.1998 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 50(1), 87(2)(b) (with s. 50(3)); S.I. 1998/2209, art. 2(a), Sch. Pt. 1

F34S. 4(4)(a) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 172(2) (with Sch. 7)

F35Words in s. 4(4)(a) substituted (with effect in accordance with Sch. 22 para. 48(2) of the amending Act) by Finance Act 2003 (c. 14), Sch. 22 para. 48(1)(a)

F36Words in s. 4(4)(b) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 172(3) (with Sch. 7)

F37S. 4(6) substituted (with effect in relation to the tax year beginning with 6.4.2000 and subsequent tax years) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 74(3), 86 (with s. 74(8))

F38Words in s. 4(6)(a) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 172(4) (with Sch. 7)

[F404A Earnings of workers supplied by service companies etc.E+W+S

(1)Regulations may make provision for securing that where—

(a)an individual (“the worker”) personally performs, or is under an obligation personally to perform, services [F41for another person] (“the client”),

(b)the performance of those services by the worker is (within the meaning of the regulations) referable to arrangements involving a third person (and not referable to any contract between the client and the worker), and

(c)the circumstances are such that, were the services to be performed by the worker under a contract between him and the client, he would be regarded for the purposes of the applicable provisions of this Act as employed in employed earner’s employment by the client,

relevant payments or benefits are, to the specified extent, to be treated for those purposes as earnings paid to the worker in respect of an employed earner’s employment of his.

(2)For the purposes of this section—

(a)“the intermediary” means—

(i)where the third person mentioned in subsection (1)(b) above has such a contractual or other relationship with the worker as may be specified, that third person, or

(ii)where that third person does not have such a relationship with the worker, any other person who has both such a relationship with the worker and such a direct or indirect contractual or other relationship with the third person as may be specified; and

(b)a person may be the intermediary despite being—

(i)a person with whom the worker holds any office or employment, or

(ii)a body corporate, unincorporated body or partnership of which the worker is a member;

and subsection (1) above applies whether or not the client is a person with whom the worker holds any office or employment.

[F42(2A)Regulations may also make provision for securing that, where the services of an individual (“the worker”) are provided (directly or indirectly) by a managed service company (“the MSC”) relevant payments or benefits are, to the specified extent, to be treated for the purposes of the applicable provisions of this Act as earnings paid to the worker in respect of an employed earner’s employment of his.

(2B)In subsection (2A) “managed service company” has the same meaning as it has for the purposes of Chapter 9 of Part 2 of ITEPA 2003.]

(3)Regulations under this section may, in particular, make provision—

(a)for the worker to be treated for the purposes of the applicable provisions of this Act, in relation to the specified amount of relevant payments or benefits (the worker’s “attributable earnings”), as employed in employed earner’s employment by the intermediary [F43or the MSC (as the case requires)];

(b)for the [F44intermediary or the MSC (whether or not fulfilling] the conditions prescribed under section 1(6)(a) above for secondary contributors) to be treated for those purposes as the secondary contributor in respect of the worker’s attributable earnings;

(c)for determining—

(i)any deductions to be made, and

(ii)in other respects the manner and basis in and on which the amount of the worker’s attributable earnings for any specified period is to be calculated or estimated,

in connection with relevant payments or benefits;

(d)for aggregating any such amount, for purposes relating to contributions, with other earnings of the worker during any such period;

(e)for determining the date by which contributions payable in respect of the worker’s attributable earnings are to be paid and accounted for;

(f)for apportioning payments or benefits of any specified description, in such manner or on such basis as may be specified, for the purpose of determining the part of any such payment or benefit which is to be treated as a relevant payment or benefit for the purposes of the regulations;

(g)for disregarding for the purposes of the applicable provisions of this Act, in relation to relevant payments or benefits, an employed earner’s employment in which the worker is employed (whether by the intermediary [F45or the MSC] or otherwise) to perform the services in question;

(h)for otherwise securing that a double liability to pay any amount by way of a contribution of any description does not arise in relation to a particular payment or benefit or (as the case may be) a particular part of a payment or benefit;

(i)for securing that, to the specified extent, two or more persons, whether—

(i)connected persons (within the meaning of [F46section 993 of the Income Tax Act 2007]), or

(ii)persons of any other specified description,

are treated as a single person for any purposes of the regulations;

(j)(without prejudice to paragraph (i) above) for securing that a contract made with a person other than the client is to be treated for any such purposes as made with the client;

(k)for excluding or modifying the application of the regulations in relation to such cases, or payments or benefits of such description, as may be specified.

(4)Regulations made in pursuance of subsection (3)(c) above may, in particular, make provision—

(a)for the making of a deduction of a specified amount in respect of general expenses of the intermediary as well as deductions in respect of particular expenses incurred by him;

(b)for securing reductions in the amount of the worker’s attributable earnings on account of—

(i)any secondary Class 1 contributions already paid by the intermediary [F47or the MSC] in respect of actual earnings of the worker, and

(ii)any such contributions that will be payable by [F48that person] in respect of the worker’s attributable earnings.

(5)Regulations under this section may make provision for securing that, in applying any provisions of the regulations, any term of a contract or other arrangement which appears to be of a description specified in the regulations is to be disregarded.

(6)In this section—

  • “the applicable provisions of this Act” means this Part of this Act and Parts II to V below;

  • F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “relevant payments or benefits” means payments or benefits of any specified description made or provided (whether to the intermediary [F50or the MSC,] or the worker or otherwise) in connection with the performance by the worker of the services in question;

  • “specified” means prescribed by or determined in accordance with regulations under this section.

(7)Any reference in this section to the performance by the worker of any services includes a reference to any such obligation of his to perform them as is mentioned in subsection (1)(a) above.

(8)Regulations under this section shall be made by the Treasury with the concurrence of the Secretary of State.

(9)If, on any modification of the statutory provisions relating to income tax, it appears to the Treasury to be expedient to modify any of the preceding provisions of this section for the purpose of assimilating the law relating to income tax and the law relating to contributions under this Part of this Act, the Treasury may with the concurrence of the Secretary of State by order make such modifications of the preceding provisions of this section as the Treasury think appropriate for that purpose.]

Textual Amendments

F46Words in s. 4A(3)(i)(i) substituted (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 289 (with Sch. 2)

[F514AALimited liability partnershipsE+W+S

(1)The Treasury may, for the purposes of this Act, by regulations—

(a)provide that, in prescribed circumstances—

(i)a person (“E”) is to be treated as employed in employed earner's employment by a limited liability partnership (including where E is a member of the partnership), and

(ii)the limited liability partnership is to be treated as the secondary contributor in relation to any payment of earnings to or for the benefit of E as the employed earner;

(b)prescribe how earnings in respect of E's employed earner employment with the limited liability partnership are to be determined (including what constitutes such earnings);

(c)provide that such earnings are to be treated as being paid to or for the benefit of E at prescribed times.

(2)Regulations under subsection (1) may modify the definition of “employee” or “employer” in section 163, 171, 171ZJ or 171ZS below as the Treasury consider appropriate to take account of any provision falling within subsection (1)(a) to (c).

(3)If—

(a)a provision of the Income Tax Acts relating to limited liability partnerships or members of limited liability partnerships is passed or made, and

(b)in consequence, the Treasury consider it appropriate for provision to be made for the purpose of assimilating to any extent the law relating to income tax and the law relating to contributions under this Part,

the Treasury may by regulations make that provision.

(4)The provision that may be made under subsection (3) includes provision modifying any provision made by or under this Act.

(5)Regulations under this section are to be made with the concurrence of the Secretary of State.

(6)Section 4(4) of the Limited Liability Partnerships Act 2000 does not limit the provision that may be made by regulations under this section.]

Textual Amendments

[F524BEarnings: power to make retrospective provision in consequence of retrospective tax legislationE+W+S

(1)This section applies where—

(a)a provision of the Income Tax Acts which relates to income tax chargeable under the employment income Parts of ITEPA 2003 is passed or made so as to have retrospective effect (“the retrospective tax provision”), and

(b)it appears to the Treasury to be appropriate to make regulations under a relevant power for the purpose of reflecting the whole or part of the provision made by the retrospective tax provision.

(2)Those regulations may be made so as to have retrospective effect if it appears to the Treasury to be expedient, in consequence of the retrospective tax provision, for the regulations to have that effect.

(3)A “relevant power” means a power to make regulations under any of the following provisions—

(a)section 3 (power to prescribe the manner and basis of the calculation or estimation of earnings);

(b)section 4(6) (power to treat amounts chargeable to income tax under the employment income Parts of ITEPA 2003 as earnings);

(c)section 4A (power to treat payments or benefits to workers supplied by service companies etc as earnings).

[F53(d)section 4AA (power to make provision in relation to limited liability partnerships)]

(4)It does not matter whether the retrospective tax provision in question was passed or made before the day on which the National Insurance Contributions Act 2006 was passed.

(5)But nothing in subsection (2) authorises regulations to be made which have effect in relation to any time before 2nd December 2004.

(6)Regulations under a relevant power made by virtue of subsection (2) may affect, for the purposes of any contributions legislation for the purposes of which the regulations are made, the earnings in respect of an employment paid to or for the benefit of an earner at a time before the regulations are made.

(7)In such a case, subsections (8) and (9) apply and in those subsections and this subsection—

  • “relevant contributions legislation” means any contributions legislation for the purposes of which the regulations have the effect mentioned in subsection (6);

  • “the relevant time” means the time before the regulations are made mentioned in that subsection;

  • “the revised earnings” means the earnings, in respect of the employment, paid to or for the benefit of the earner at the relevant time as determined after applying the regulations.

(8)References in any relevant contributions legislation, or any provision made under any such legislation, which relate to—

(a)the earnings, in respect of the employment, paid to or for the benefit of the earner at the relevant time, or

(b)the amount of such earnings so paid at that time,

are to be read, in so far as they so relate, as references which relate to the revised earnings or, as the case may be, the amount of those earnings.

(9)Any matter which, at the time when the regulations are made, has been determined for the purposes of any relevant contributions legislation, or any provision made under any such legislation, wholly or partly by reference to—

(a)the earnings, in respect of the employment, paid to or for the benefit of the earner at the relevant time, or

(b)the amount of such earnings so paid at that time,

is to be redetermined as it would have been determined at the time of the original determination if it had been determined wholly or partly, as the case may be, by reference to the revised earnings or the amount of those earnings.

(10)The matters referred to in subsection (9) may include—

(a)whether Class 1 contributions are payable in respect of earnings paid to or for the benefit of the earner in a tax week, and

(b)the amount of any such contribution.

(11)Subsections (7) to (10) are subject to any express provision to the contrary (including any such provision made by regulations under section 4C(1)).

(12)The power conferred by subsection (2) is without prejudice to any powers conferred by or by virtue of any other provision of this Act or of any other enactment (including any instrument made under an Act).

(13)For the purposes of this section “contributions legislation” means any Part of this Act or provision of such a Part.]

Textual Amendments

[F524CPower to make provision in consequence of provision made by or by virtue of section 4B(2) etcE+W+S

(1)The Treasury may by regulations made with the concurrence of the Secretary of State make such provision as appears to the Treasury to be expedient for any of the purposes mentioned in subsection (2) in consequence of any provision made by or by virtue of section 4B(2).

(2)Those purposes are—

(a)any purpose relating to any contributions;

(b)any purpose relating to any contributory benefit or contribution-based jobseeker's allowance;

(c)any purpose relating to any statutory payment;

F54(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)any purpose of Chapter 2 of Part 3 of that Act (reduction in state scheme contributions and benefits for members of certified schemes);

(f)such other purposes as may be prescribed by regulations made by the Treasury with the concurrence of the Secretary of State.

(3)Regulations under subsection (1) may, in particular, make provision—

(a)modifying any provision of any enactment (including this Act and any enactment passed or made on or after the commencement day);

(b)for any provision of any such enactment to apply in such cases, and with such modifications (if any), as the regulations may prescribe.

(4)Regulations under subsection (1) may be made so as to have retrospective effect but must not have effect in relation to any time before 2nd December 2004.

(5)In particular, regulations under subsection (1) made by virtue of subsection (4) may affect any of the following matters—

(a)liability to pay contributions F55...;

(b)the amount of any contribution F56...;

(c)entitlement to a contributory benefit or contribution-based jobseeker's allowance;

(d)the amount of any such benefit or allowance;

(e)entitlement to a statutory payment;

(f)the amount of any such payment;

F57(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)liability to make payments under section 42A(3) of the Pensions Act or to pay minimum contributions under section 43 of that Act;

(j)the amount of any such payment or contribution.

(6)In such a case, where the matter has been determined before the time when the regulations are made, the regulations may provide for the matter to be redetermined accordingly.

(7)If (ignoring this subsection) the operative provisions would directly or indirectly have effect in any case so as—

(a)to remove a person's entitlement to a contributory benefit, contribution-based jobseeker's allowance or statutory payment, or

(b)to reduce the amount of any such benefit, allowance or payment to which a person has an entitlement,

those provisions are to be read with such modifications as are necessary to ensure that they do not have that effect.

(8)For the purposes of subsection (7)—

(a)“the operative provisions” are section 4B(7) to (10) and any provision made by virtue of section 4B(2) or under subsection (1) of this section;

(b)a person's “entitlement” includes any future entitlement which the person may have.

(9)The powers conferred by this section are without prejudice to any powers conferred by or by virtue of any other provision of this Act or any other enactment.

(10)In particular, any modification of any provision of an instrument by regulations made under subsection (1) is without prejudice to any other power to amend or revoke the provisions of the instrument (including the modified provision).

(11)For the purposes of this section—

  • “the commencement day” means the day on which the National Insurance Contributions Act 2006 was passed;

  • “enactment” includes an instrument made under an Act;

  • “statutory payment” means—

    (a)

    statutory sick pay, statutory maternity pay, [F58statutory paternity pay,] statutory adoption pay [F59or statutory shared parental pay]; or

    (b)

    any other payment prescribed by regulations made by the Treasury with the concurrence of the Secretary of State.]

Textual Amendments

F55Words in s. 4C(5)(a) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 50

F56Words in s. 4C(5)(b) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 50

Class 1 contributionsE+W+S

[F605 Earnings limits and thresholds for Class 1 contributions.E+W+S

(1)For the purposes of this Act there shall for every tax year be—

(a)the following for primary Class 1 contributions—

(i)a lower earnings limit,

(ii)a primary threshold, and

(iii)an upper earnings limit; and

(b)a secondary threshold for secondary Class 1 contributions.

Those limits and thresholds shall be the amounts specified for that year by regulations F61...

F62(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Regulations may, in the case of each of the limits or thresholds mentioned in subsection (1) above, prescribe an equivalent of that limit or threshold in relation to earners paid otherwise than weekly (and references in this or any other Act to “the prescribed equivalent”, in the context of any of those limits or thresholds, are accordingly references to the equivalent prescribed under this subsection in relation to such earners).

(5)The power conferred by subsection (4) above to prescribe an equivalent of any of those limits or thresholds includes power to prescribe an amount which exceeds, by not more than £1.00, the amount which is the arithmetical equivalent of that limit or threshold.

(6)Regulations under this section shall be made by the Treasury.]

Textual Amendments

F60S. 5 substituted (22.12.1999 for specified purposes, 6.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 9 para. 1; S.I. 1999/3420, art. 2

F62S. 5(2) repealed (with effect in relation to the tax year following 2010-2011 and subsequent tax years) by Pensions Act 2007 (c. 22), ss. 7(3), 30(3), Sch. 7 Pt. 4 (with s. 7(4)); S.I. 2010/2650

F63S. 5(3) repealed (with effect in accordance with s. 1(3), Sch. 2 Note 1(a) of the amending Act) by National Insurance Contributions Act 2008 (c. 16), ss. 1(1)(b), 6(1), Sch. 2

[F646 Liability for Class 1 contributions.E+W+S

(1)Where in any tax week earnings are paid to or for the benefit of an earner over the age of 16 in respect of any one employment of his which is employed earner’s employment—

(a)a primary Class 1 contribution shall be payable in accordance with this section and section 8 below if the amount paid exceeds the current primary threshold (or the prescribed equivalent); and

(b)a secondary Class 1 contribution shall be payable in accordance with this section and section 9 below if the amount paid exceeds the current secondary threshold (or the prescribed equivalent).

(2)No primary or secondary Class 1 contribution shall be payable in respect of earnings if a Class 1B contribution is payable in respect of them.

(3)Except as may be prescribed, no primary Class 1 contribution shall be payable in respect of earnings paid to or for the benefit of an employed earner after he attains pensionable age, but without prejudice to any liability to pay secondary Class 1 contributions in respect of any such earnings.

(4)The primary and secondary Class 1 contributions referred to in subsection (1) above are payable as follows—

(a)the primary contribution shall be the liability of the earner; and

(b)the secondary contribution shall be the liability of the secondary contributor;

but nothing in this subsection shall prejudice the provisions of [F65paragraphs 3 to 3B of Schedule 1 to this Act.]

(5)Except as provided by this Act, the primary and secondary Class 1 contributions in respect of earnings paid to or for the benefit of an earner in respect of any one employment of his shall be payable without regard to any other such payment of earnings in respect of any other employment of his.

(6)Regulations may provide for reducing primary or secondary Class 1 contributions which are payable in respect of persons to whom Part XI of the Employment Rights Act 1996 (redundancy payments) does not apply by virtue of section 199(2) or 209 of that Act.

(7)Regulations under this section shall be made by the Treasury.]

Textual Amendments

F64S. 6 substituted (22.12.1999 for specified purposes, 6.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 9 para. 2; S.I. 1999/3420, art. 2

[F666A Notional payment of primary Class 1 contribution where earnings not less than lower earnings limit.E+W+S

(1)This section applies where in any tax week earnings are paid to or for the benefit of an earner over the age of 16 in respect of any one employment of his which is employed earner’s employment and the amount paid—

(a)is not less than the current lower earnings limit (or the prescribed equivalent), but

(b)does not exceed the current primary threshold (or the prescribed equivalent).

(2)Subject to any prescribed exceptions or modifications—

(a)the earner shall be treated as having actually paid a primary Class 1 contribution in respect of that week, and

(b)those earnings shall be treated as earnings upon which such a contribution has been paid,

for any of the purposes mentioned in subsection (3) below.

(3)The purposes are—

(a)the purposes of section 14(1)(a) below;

(b)the purposes of the provisions mentioned in section 21(5A)(a) to (c) below;

(c)any other purposes relating to contributory benefits; F67...

(d)any purposes relating to jobseeker’s allowance[F68; and

(e)any purposes relating to employment and support allowance.]

(4)Regulations may provide for any provision of this Act which, in whatever terms, refers—

(a)to primary Class 1 contributions being payable by a person, or

(b)otherwise to a person’s liability to pay such contributions,

to have effect for the purposes of this section with any prescribed modifications.

(5)Except as may be prescribed, nothing in this section applies in relation to earnings paid to or for the benefit of an employed earner after he attains pensionable age.

(6)Except as provided by this Act, this section applies in relation to earnings paid to or for the benefit of an earner in respect of any one employment of his irrespective of any other such payment of earnings in respect of any other employment of his.

(7)Regulations under this section shall be made by the Treasury.]

Textual Amendments

F66S. 6A inserted (22.12.1999 for specified purposes, 6.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 9 para. 3; S.I. 1999/3420, art. 2

F67Word in s. 6A(3) repealed (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8; S.I. 2008/787, art. 2(4)(g)

F68S. 6A(3)(e) and preceding word inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 9(2); S.I. 2008/787, art. 2(4)(f)

7“Secondary contributor".E+W+S

(1)For the purposes of this Act, the “secondary contributor” in relation to any payment of earnings to or for the benefit of an employed earner, is—

(a)in the case of an earner employed under a contract of service, his employer;

(b)in the case of an earner employed in an office with F69... [F70earnings], either—

(i)such person as may be prescribed in relation to that office; or

(ii)if no person is prescribed, the government department, public authority or body of persons responsible for paying the F69... [F70earnings] of the office;

but this subsection is subject to subsection (2) below.

(2)In relation to employed earners who—

(a)are paid earnings in a tax week by more than one person in respect of different employments; or

(b)work under the general control or management of a person other than their immediate employer,

and in relation to any other case for which it appears to the [F71Treasury] that such provision is needed, regulations may provide that the prescribed person is to be treated as the secondary contributor in respect of earnings paid to or for the benefit of an earner.

[F72(2A)Regulations under subsection (2) may make provision treating a person as the secondary contributor in respect of earnings paid to or for the benefit of an earner if arrangements have been entered into the main purpose, or one of the main purposes, of which is to secure that the person is not so treated by other provision in regulations under subsection (2).

(2B)In subsection (2A) “arrangements” include any scheme, transaction or series of transactions, agreement or understanding, whether or not legally enforceable, and any associated operations.]

[F73(3)Regulations under any provision of this section shall be made by the Treasury.]

Textual Amendments

F70Words in s. 7(1)(b) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 173 (with Sch. 7)

[F748 Calculation of primary Class 1 contributions.E+W+S

(1)Where a primary Class 1 contribution is payable as mentioned in section 6(1)(a) above, the amount of that contribution is the aggregate of—

(a)the main primary percentage of so much of the earner’s earnings paid in the tax week, in respect of the employment in question, as—

(i)exceeds the current primary threshold (or the prescribed equivalent); but

(ii)does not exceed the current upper earnings limit (or the prescribed equivalent); and

(b)the additional primary percentage of so much of those earnings as exceeds the current upper earnings limit (or the prescribed equivalent).

(2)For the purposes of this Act—

(a)the main primary percentage is [F7512] per cent; and

(b)the additional primary percentage is [F762] per cent;

but the main primary percentage is subject to alteration under sections 143 and 145 of the Administration Act.

(3)Subsection (1) above is subject to—

(a)regulations under section 6(6) above;

(b)regulations under sections 116 to 120 below; F77...

F77(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F74S. 8 substituted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), ss. 1(1), 8(2)

F75Figure in s. 8(2)(a) substituted (6.4.2011) by National Insurance Contributions Act 2011 (c. 3), ss. 1(1)(a), 13(1)

F76Figure in s. 8(2)(b) substituted (6.4.2011) by National Insurance Contributions Act 2011 (c. 3), ss. 1(1)(b), 13(1)

F77S. 8(3)(c) and word omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 51

Modifications etc. (not altering text)

C57S. 8(2)(a): power to amend conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 143(1)(4), 192(4)

C58S. 8(2)(a): power to amend conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 145(1), 192(4)

[F789 Calculation of secondary Class 1 contributions.E+W+S

(1)Where a secondary Class 1 contribution is payable as mentioned in section 6(1)(b) above, the amount of that contribution shall be [F79the relevant percentage] of so much of the earnings paid in the tax week, in respect of the employment in question, as exceeds the current secondary threshold (or the prescribed equivalent).

[F80(1A)For the purposes of subsection (1) “the relevant percentage” is—

(a)if section 9A below applies to the earnings, the age-related secondary percentage;

[F81(aa)if section 9B below (zero-rate secondary Class 1 contributions for certain apprentices) applies to the earnings, 0%;]

(b)otherwise, the secondary percentage.]

[F82(2)For the purposes of this Act the secondary percentage is [F8313.8] per cent; but that percentage is subject to alteration under sections 143 and 145 of the Administration Act.

(3)Subsection (1) above is subject to—

(a)regulations under section 6(6) above;

(b)regulations under sections 116 to 120 below; F84...

F84(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]]

Textual Amendments

F78S. 9 substituted (22.12.1999 for specified purposes, 6.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 9 para. 5; S.I. 1999/3420, art. 2

F82S. 9(2)(3) substituted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), ss. 2(1), 8(2)

F83Figure in s. 9(2) substituted (6.4.2011) by National Insurance Contributions Act 2011 (c. 3), ss. 1(2), 13(1)

F84S. 9(3)(c) and word omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 52

[F859AThe age-related secondary percentageE+W+S

(1)Where a secondary Class 1 contribution is payable as mentioned in section 6(1)(b) above, this section applies to the earnings paid in the tax week, in respect of the employment in question, if the earner falls within an age group specified in column 1 of the table in subsection (3).

[F86(1A)But this section does not apply to those earnings so far as section 9B below (zero-rate secondary Class 1 contributions for certain apprentices) applies to them.]

(2)For the purposes of section 9(1A)(a) above, the age-related secondary percentage is the percentage for the earner's age group specified in column 2 of the table.

(3)Here is the table—

Age groupAge-related secondary percentage
Under 210%

(4)The Treasury may by regulations amend the table—

(a)so as to add an age group in column 1 and to specify the percentage in column 2 for that age group;

(b)so as to reduce (or further reduce) the percentage specified in column 2 for an age group already specified in column 1 (whether for the whole of the age group or only part of it).

(5)A percentage specified under subsection (4)(a) must be lower than the secondary percentage.

(6)For the purposes of this Act a person is still to be regarded as being liable to pay a secondary Class 1 contribution even though the amount of the contribution is £0 because the age-related secondary percentage is 0%.

(7)The Treasury may by regulations provide that, in relation to an age group specified in the table, there is to be for every tax year an upper secondary threshold for secondary Class 1 contributions.

That threshold is to be the amount specified for that year by regulations made by the Treasury.

(8)Subsections (4) and (5) of section 5 above (which confer power to prescribe an equivalent of a secondary threshold in relation to earners paid otherwise than weekly), and subsection (6) of that section as it applies for the purposes of those subsections, apply for the purposes of an upper secondary threshold in relation to an age group as they apply for the purposes of a secondary threshold.

(9)Where—

(a)a secondary Class 1 contribution is payable as mentioned in section 6(1)(b) above,

(b)the earner falls within an age group in relation to which provision has been made under subsection (7), and

(c)the earnings paid in the tax week, in respect of the employment in question, exceed the current upper secondary threshold (or the prescribed equivalent) in relation to the age group,

this section is not to apply to the earnings so far as they exceed that threshold (or the prescribed equivalent); and for the purposes of section 9(1) above the relevant percentage in respect of the earnings so far as they exceed that threshold (or the prescribed equivalent) is, accordingly, to be the secondary percentage.

(10)In subsections (7) to (9) references to an age group include a part of an age group.]

Textual Amendments

F85S. 9A inserted (13.5.2014 for specified purposes, 6.4.2015 in so far as not already in force) by National Insurance Contributions Act 2014 (c. 7), s. 9(3)(11)(a)(12)

Modifications etc. (not altering text)

C59S. 9A(6) applied (15.9.2016) by Finance Act 2016 (c. 24), s. 100(6)

[F879BZero-rate secondary Class 1 contributions for certain apprenticesE+W+S

(1)Where a secondary Class 1 contribution is payable as mentioned in section 6(1)(b) above, this section applies to the earnings paid in the tax week, in respect of the employment in question, if the earner is a relevant apprentice in relation to that employment.

(2)An earner is a “relevant apprentice”, in relation to an employment, if the earner—

(a)is aged under 25, and

(b)is employed, in the employment, as an apprentice.

(3)For the purposes of this Act a person is still to be regarded as being liable to pay a secondary Class 1 contribution even if the amount of the contribution is £0 because this section applies to the earnings in question.

(4)The Treasury may by regulations provide that, in relation to relevant apprentices, there is to be for every tax year an upper secondary threshold for secondary Class 1 contributions.

That threshold is to be the amount specified for that year by regulations made by the Treasury.

(5)Subsections (4) and (5) of section 5 above (which confer power to prescribe an equivalent of a secondary threshold in relation to earners paid otherwise than weekly), and subsection (6) of that section as it applies for the purposes of those subsections, apply for the purposes of an upper secondary threshold in relation to relevant apprentices as they apply for the purposes of a secondary threshold.

(6)Subsection (7) applies if—

(a)a secondary Class 1 contribution is payable as mentioned in section 6(1)(b) above,

(b)the earnings paid in the tax week, in respect of the employment in question, exceed the current upper secondary threshold (or the prescribed equivalent) in relation to relevant apprentices, and

(c)the earner is a relevant apprentice in relation to the employment.

(7)This section does not apply to those earnings so far as they exceed that threshold (or the prescribed equivalent) (“the excess earnings”) and, accordingly, for the purposes of section 9(1) above the relevant percentage in respect of the excess earnings is the secondary percentage.

(8)But the Treasury may by regulations modify the effect of subsection (7) in a case in which the earner falls within an age group specified in column 1 of the table in section 9A(3) above.

(9)In subsection (2)(b) “apprentice” has such meaning as the Treasury may prescribe.

(10)The Treasury may by regulations amend subsection (2)(a) so as to alter the age that an earner must be in order to be a relevant apprentice (and regulations under this subsection may have the effect of allowing anyone who is of an age at which secondary Class 1 contributions are payable to be a relevant apprentice).]

Textual Amendments

F87S. 9B inserted (12.4.2015 for specified purposes, 6.4.2016 in so far as not already in force) by National Insurance Contributions Act 2015 (c. 5), s. 1(4)(11)

Modifications etc. (not altering text)

C60S. 9B(3) applied (15.9.2016) by Finance Act 2016 (c. 24), s. 100(6)

Class 1A contributionsE+W+S

[F8810 Class 1A contributions: benefits in kind etcE+W+S

(1)Where—

[F89(a)for any tax year an earner is chargeable to income tax under ITEPA 2003 on an amount of general earnings received by him from any employment (“the relevant employment”),]

[F90(b)the relevant employment is both—

(i)employed earner’s employment, and

(ii)an employment, other than [F91lower-paid employment as a minister of religion], within the meaning of the benefits code (see Chapter 2 of Part 3 of ITEPA 2003),] and

(c)the whole or a part of the [F92general earnings] falls, for the purposes of Class 1 contributions, to be left out of account in the computation of the earnings paid to or for the benefit of the earner,

a Class 1A contribution shall be payable for that tax year, in accordance with this section, in respect of that earner and so much of the [F93general earnings] as falls to be so left out of account.

(2)Subject to section 10ZA below, a Class 1A contribution for any tax year shall be payable by—

(a)the person who is liable to pay the secondary Class 1 contribution relating to the last (or only) relevant payment of earnings in that tax year in relation to which there is a liability to pay such a Class 1 contribution; or

(b)if paragraph (a) above does not apply, the person who, if the [F94general earnings] in respect of which the Class 1A contribution is payable were earnings in respect of which Class 1 contributions would be payable, would be liable to pay the secondary Class 1 contribution.

(3)In subsection (2) above “relevant payment of earnings” means a payment which for the purposes of Class 1 contributions is a payment of earnings made to or for the benefit of the earner in respect of the relevant employment.

(4)The amount of the Class 1A contribution in respect of any [F95general earnings] shall be the Class 1A percentage of so much of [F96them] as falls to be left out of account as mentioned in subsection (1)(c) above.

(5)In subsection (4) above “the Class 1A percentage” means a percentage rate equal to the [F97secondary percentage] for the tax year in question.

(6)No Class 1A contribution shall be payable for any tax year in respect of so much of any [F98general earnings as are taken] for the purposes of the making of Class 1B contributions for that year to be included in a PAYE settlement agreement.

[F99(7)In calculating for the purposes of this section the amount of general earnings received by an earner from an employment, a deduction under any of the excluded provisions is to be disregarded.

This subsection does not apply in relation to a deduction if subsection (7A) applies in relation to it.

(7A)Where—

(a)a deduction in respect of a matter is allowed under an excluded provision, and

(b)the amount deductible is at least equal to the whole of any corresponding amount which would (but for this section) fall by reference to that matter to be included in the general earnings mentioned in subsection (7),

the whole of the corresponding amount shall be treated as not included.

(7B)For the purposes of subsections (7) and (7A) “excluded provision” means—

(a)any provision of Chapter 2 of Part 5 of ITEPA 2003 (deductions for employee’s expenses), other than section 352 (limited deduction for agency fees paid by entertainers), F100...

[F101(aa)any of sections 363 to 365 of ITEPA 2003 (certain deductions from benefits code earnings), or]

(b)any provision of Chapter 5 of Part 5 of ITEPA 2003 (deductions for earnings representing benefits or reimbursed expenses).]

(8)The Treasury may by regulations—

[F102(a)modify the effect of subsections (7) and (7A) above by amending subsection (7B) so as to include any enactment contained in the Income Tax Acts within the meaning of “excluded provision”; or]

(b)make such amendments of [F103subsections (7) to (7B)] above as appear to them to be necessary or expedient in consequence of any alteration of the provisions of the Income Tax Acts relating to the charge to tax [F104on employment income].

(9)The Treasury may by regulations provide—

(a)for Class 1A contributions not to be payable, in prescribed circumstances, by prescribed persons or in respect of prescribed persons or [F105general earnings];

(b)for reducing Class 1A contributions in prescribed circumstances.

F106(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F107(11)The Treasury may by regulations modify the law relating to Class 1A contributions in the case of an employed earner's employment which is treated as existing by virtue of regulations under section 4AA.]]

Textual Amendments

F88S. 10 substituted (with effect in relation to the tax year beginning with 6.4.2000 and subsequent tax years) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 74(2), 86 (with s. 74(8))

F89S. 10(1)(a) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(2) (with Sch. 7)

F90S. 10(1)(b) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(3) (with Sch. 7)

F91Words in s. 10(1)(b)(ii) substituted (with effect for the tax year 2016-17 and subsequent tax years in accordance with s. 13(4) of the amending Act) by Finance Act 2015 (c. 11), Sch. 1 para. 23(2)

F92Words in s. 10(1)(c) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(4) (with Sch. 7)

F93Words in s. 10(1) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(5) (with Sch. 7)

F94Words in s. 10(2)(b) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(6) (with Sch. 7)

F95Words in s. 10(4) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(7)(a) (with Sch. 7)

F96Word in s. 10(4) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(7)(b) (with Sch. 7)

F97Words in s. 10(5) substituted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 2

F98Words in s. 10(6) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(8) (with Sch. 7)

F99S. 10(7)-(7B) substituted for s. 10(7) (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(9) (with Sch. 7)

F100Word in s. 10(7B)(a) omitted (5.4.2007 with effect in relation to the tax year beginning on 6.4.2006 and subsequent tax years) by virtue of The Social Security Contributions and Benefits Act 1992 (Modification of Section 10(7B)) Regulations 2007 (S.I. 2007/799), regs. 1, 2(a)

F101S. 10(7B)(aa) inserted (5.4.2007 with effect in relation to the tax year beginning on 6.4.2006 and subsequent tax years) by The Social Security Contributions and Benefits Act 1992 (Modification of Section 10(7B)) Regulations 2007 (S.I. 2007/799), regs. 1, 2(b)

F102S. 10(8)(a) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(10) (with Sch. 7)

F103Words in s. 10(8)(b) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(11)(a) (with Sch. 7)

F104Words in s. 10(8)(b) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(11)(b) (with Sch. 7)

F105Words in s. 10(9)(a) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(12) (with Sch. 7)

F106S. 10(10) repealed (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 174(13), Sch. 8 Pt. 1 (with Sch. 7)

[F10810ZA Liability of third party provider of benefits in kind.E+W+S

(1)This section applies, where—

(a)a Class 1A contribution is payable for any tax year in respect of the whole or any part of [F109general earnings] received by an earner;

(b)[F110the general earnings, in so far as they are ones in respect of which] such a contribution is payable, [F111consist] in a benefit provided for the earner or a member of his family or household;

(c)the person providing the benefit is a person other than the person (“the relevant employer”) by whom, but for this section, the Class 1A contribution would be payable in accordance with section 10(2) above; and

(d)the provision of the benefit by that other person has not been arranged or facilitated by the relevant employer.

(2)For the purposes of this Act if—

(a)the person providing the benefit pays an amount for the purpose of discharging any liability of the earner to income tax for any tax year, and

(b)the income tax in question is tax chargeable in respect of the provision of the benefit or of the making of the payment itself,

the amount of the payment shall be treated as if it were [F112general earnings] consisting in the provision of a benefit to the earner in that tax year and falling, for the purposes of Class 1 contributions, to be left out of account in the computation of the earnings paid to or for the benefit of the earner.

(3)Subject to subsection (4) below, the liability to pay any Class 1A contribution in respect of—

(a)the benefit provided to the earner, and

(b)any further benefit treated as so provided in accordance with subsection (2) above,

shall fall on the person providing the benefit, instead of on the relevant employer.

(4)Subsection (3) above applies in the case of a Class 1A contribution for the tax year beginning with 6th April 2000 only if the person providing the benefit in question gives notice in writing to the Inland Revenue on or before 6th July 2001 that he is a person who provides benefits in respect of which a liability to Class 1A contributions is capable of falling by virtue of this section on a person other than the relevant employer.

(5)The Treasury may by regulations make provision specifying the circumstances in which a person is or is not to be treated for the purposes of this Act as having arranged or facilitated the provision of any benefit.

(6)In this section references to a member of a person’s family or household shall be construed in accordance with [F113section 721(5) of ITEPA 2003].]

Textual Amendments

F108Ss. 10ZA, 10ZB inserted (with effect in relation to the tax year beginning with 6.4.2000 and subsequent tax years) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 75(1), 86 (with s. 75(3))

F109Words in s. 10ZA(1)(a) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 175(2) (with Sch. 7)

F110Words in s. 10ZA(1)(b) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 175(3)(a) (with Sch. 7)

F111Word in s. 10ZA(1)(b) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 175(3)(b) (with Sch. 7)

F112Words in s. 10ZA(2) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 175(4) (with Sch. 7)

F113Words in s. 10ZA(6) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 175(5) (with Sch. 7)

[F10810ZB Non-cash vouchers provided by third parties.E+W+S

(1)In section 10ZA above references to the provision of a benefit include references to the provision of a non-cash voucher.

(2)Where—

(a)a non-cash voucher is received by any person from [F114employment which is [F115lower-paid employment as a minister of religion], and]

(b)the case would be one in which the conditions in section 10ZA(1)(a) to (d) above would be satisfied in relation to the provision of that voucher [F116if that employment were not [F117lower-paid employment as a minister of religion]],

sections 10 and 10ZA above shall have effect in relation to the provision of that voucher, and to any such payment in respect of the provision of that voucher as is mentioned in section 10ZA(2) above, [F118as if that employment were not [F117lower-paid employment as a minister of religion]].

(3)In this section “non-cash voucher” has the same meaning as in [F119section 84 of ITEPA 2003].]

Textual Amendments

F108Ss. 10ZA, 10ZB inserted (with effect in relation to the tax year beginning with 6.4.2000 and subsequent tax years) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 75(1), 86 (with s. 75(3))

F114Words in s. 10ZB(2)(a) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 176(2) (with Sch. 7)

F115Words in s. 10ZB(2)(a) substituted (with effect for the tax year 2016-17 and subsequent tax years in accordance with s. 13(4) of the amending Act) by Finance Act 2015 (c. 11), Sch. 1 para. 23(3)(a)

F116Words in s. 10ZB(2)(b) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 176(3) (with Sch. 7)

F117Words in s. 10ZB(2) substituted (with effect for the tax year 2016-17 and subsequent tax years in accordance with s. 13(4) of the amending Act) by Finance Act 2015 (c. 11), Sch. 1 para. 23(3)(b)

F118Words in s. 10ZB(2) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 176(4) (with Sch. 7)

F119Words in s. 10ZB(3) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 176(5) (with Sch. 7)

[F12010ZCClass 1A contributions: power to make provision in consequence of retrospective tax legislationE+W+S

(1)The Treasury may by regulations make such provision as appears to the Treasury to be expedient for any purpose of the law relating to Class 1A contributions in consequence of any relevant retrospective tax provision—

(a)which is passed or made at or before the time when the regulations are made, or

(b)which may be passed or made after that time.

(2)“Relevant retrospective tax provision” means a provision of the Income Tax Acts which—

(a)has retrospective effect, and

(b)affects the amount of general earnings received by an earner from an employment on which he is chargeable to income tax under the employment income Parts of ITEPA 2003 for a tax year.

(3)It does not matter whether the relevant retrospective tax provision was passed or made before the commencement day.

(4)Regulations under this section may, in particular, make provision—

(a)modifying any provision of any enactment (including this Act and any enactment passed or made on or after the commencement day);

(b)for any provision of any such enactment to apply in such cases, and with such modifications (if any), as the regulations may prescribe.

(5)Regulations under this section may be made so as to have retrospective effect but must not have effect in relation to any time before 2nd December 2004.

(6)In particular, regulations under this section made by virtue of subsection (5)—

(a)may affect matters determined before the time when the regulations are made, and

(b)may provide for those matters to be redetermined accordingly.

(7)Regulations under this section—

(a)may not impose any liability to pay a Class 1A contribution, and

(b)may not increase the amount of any Class 1A contribution.

(8)The powers conferred by this section are without prejudice to—

(a)any liability to pay a Class 1A contribution which arises by virtue of any relevant retrospective tax provision, and

(b)any powers conferred by or by virtue of any other provision of this Act or any other enactment.

(9)In particular, any modification of any provision of an instrument by regulations under this section is without prejudice to any other power to amend or revoke the provisions of the instrument (including the modified provision).

(10)For the purposes of this section—

  • “the commencement day” means the day on which the National Insurance Contributions Act 2006 was passed;

  • “enactment” includes an instrument made under an Act.]

Textual Amendments

[F121Class 1B contributions]U.K.

Textual Amendments

F121S. 10A and cross-heading inserted (8.9.1998 for specified purposes, 6.4.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 53, 87(2); S.I. 1998/2209, art. 2(b)(c), Sch. Pts. 2, 3

[F12110A Class 1B contributionsU.K.

(1)Where for any tax year a person is accountable to the Inland Revenue in respect of income tax on [F122general earnings] of his employees in accordance with a PAYE settlement agreement, a Class 1B contribution shall be payable by him for that tax year in accordance with this section.

(2)The Class 1B contribution referred to in subsection (1) above is payable in respect of—

(a)the amount of any of [F123the general earnings included] in the PAYE settlement agreement which are chargeable emoluments; and

(b)the total amount of income tax in respect of which the person is accountable for the tax year in accordance with the PAYE settlement agreement.

(3)The amount of the Class 1B contribution referred to in subsection (1) above shall be the Class 1B percentage of the aggregate of the amounts mentioned in paragraphs (a) and (b) of subsection (2) above.

(4)[F124General earnings are chargeable emoluments] for the purposes of subsection (2) above if, apart from section [F1256(2) or 10(6)] above, the person accountable in accordance with the PAYE settlement agreement would be liable or entitled to pay secondary Class 1 contributions or Class 1A contributions in respect of them.

(5)Where—

(a)the PAYE settlement agreement was entered into after the beginning of the tax year; and

(b)Class 1 contributions were due in respect of any [F126general earnings] before it was entered into,

those [F126general earnings] shall not be taken to be included in the PAYE settlement agreement.

[F127(6)In subsection (3) above “the Class 1B percentage” means a percentage rate equal to [F128the secondary percentage] for the tax year in question.]

(7)[F129The Treasury may by regulations] provide for persons to be excepted in prescribed circumstances from liability to pay Class 1B contributions.]

Textual Amendments

F122Words in s. 10A(1) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 177(2) (with Sch. 7)

F123Words in s. 10A(2)(a) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 177(3) (with Sch. 7)

F124Words in s. 10A(4) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 177(4) (with Sch. 7)

F126Words in s. 10A(5) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 177(5) (with Sch. 7)

F128Words in s. 10A(6) substituted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 3

Class 2 contributionsE+W+S

[F13011Class 2 contributionsE+W+S

(1)This section applies if an earner is in employment as a self-employed earner in a tax year (the “relevant tax year”).

(2)If the earner has relevant profits of, or exceeding, the small profits threshold, the earner is liable to pay Class 2 contributions for the relevant tax year at the rate of [F131£2.95] in respect of each week in that year that the earner is in the employment.

(3)“Relevant profits” means profits, from the employment, in respect of which Class 4 contributions are payable under section 15 for the relevant tax year (or would be payable if the amount of the profits were to exceed the amount specified in subsection (3)(a) of that section in excess of which the main Class 4 percentage is payable).

(4)The “small profits threshold” is [F132£6,205].

(5)Class 2 contributions under subsection (2) are to be payable in the same manner that Class 4 contributions in respect of relevant profits are, or would be, payable (but see section 11A for the application of certain provisions in relation to such Class 2 contributions).

(6)If the earner does not have relevant profits of, or exceeding, the small profits threshold, the earner may pay a Class 2 contribution of [F131£2.95] in respect of any week in the relevant tax year that the earner is in the employment.

(7)No Class 2 contributions are to be paid under this section in respect of any week in the relevant tax year—

(a)before that in which the earner attains the age of 16, or

(b)after that in which the earner attains pensionable age.

(8)The Treasury may by regulations make provision so that, in relation to an earner, the Class 2 contribution in respect of a week is higher than that specified in subsections (2) and (6) where—

(a)in respect of any employment of the earner, the earner is treated by regulations made under section 2(2)(b) as being a self-employed earner, and

(b)in any period or periods the earner has earnings from that employment and—

(i)those earnings are such that (disregarding their amount) the earner would be liable for Class 1 contributions in respect of them if the earner were not so treated in respect of the employment, and

(ii)no Class 4 contribution is payable in respect of the earnings by virtue of regulations under section 18(1).

(9)The Treasury may by regulations—

(a)modify the meaning of “relevant profits”;

(b)provide that Class 2 contributions under subsection (6) may not be paid—

(i)if the employment or the earner is of a prescribed description, or

(ii)in prescribed circumstances.

(10)Regulations under subsection (9)(a) may amend this section.

(11)Regulations under subsection (9)(b) are to be made with the concurrence of the Secretary of State.]

Textual Amendments

F130Ss. 11, 11A substituted for s. 11 (with effect for the tax year 2015-16 and subsequent tax years) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 3, 35

[F13011AApplication of certain provisions of the Income Tax Acts in relation to Class 2 contributions under section 11(2)E+W+S

(1)The following provisions apply, with the necessary modifications, in relation to Class 2 contributions under section 11(2) as if those contributions were income tax chargeable under Chapter 2 of Part 2 of the Income Tax (Trading and Other Income) Act 2005 in respect of profits of a trade, profession or vocation which is not carried on wholly outside the United Kingdom—

(a)Part 2 (returns), Part 4 (assessment and claims), Part 5 (appeals), Part 5A (payment of tax), Part 6 (collection and recovery) and Part 10 (penalties) of the Taxes Management Act 1970;

(b)Schedule 24 to the Finance Act 2007 (penalties for errors);

(c)sections 101 and 102 of the Finance Act 2009 (interest);

(d)Schedules 55 and 56 to that Act (penalties for failure to make returns etc or for failure to make payments on time);

(e)Part 4 (follower notices and accelerated payments) and Part 5 (promoters of tax avoidance schemes) of the Finance Act 2014;

[F133(ea)the provisions of Schedule 18 to the Finance Act 2016 (serial tax avoidance);]

(f)any other provisions of the Income Tax Acts as to assessment, collection, repayment or recovery.

(2)But section 59A of the Taxes Management Act 1970 (payments on account) does not apply in relation to Class 2 contributions under section 11(2).

(3)This section and section 11(5) are subject to any contrary provision in regulations made under Schedule 1 in relation to Class 2 contributions under section 11(2).]

Textual Amendments

F130Ss. 11, 11A substituted for s. 11 (with effect for the tax year 2015-16 and subsequent tax years) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 3, 35

F133S. 11A(1)(ea) inserted (with effect in relation to relevant defeats incurred after 15.9.2016 in accordance with Sch. 18 para. 63 of the amending Act) by Finance Act 2016 (c. 24), Sch. 18 para. 61(2)

12 Late paid Class 2 contributions.E+W+S

(1)This section applies to any Class 2 contribution [F134under section 11(6)] paid in respect of a week falling within a tax year (“the contribution year") earlier than the tax year in which it is paid (“the payment year").

(2)Subject to subsections (3) [F135and (4)] below, the amount of a contribution to which this section applies shall be the amount which the earner would have had to pay if he had paid the contribution in the contribution year.

(3)Subject to subsections [F136(4) and (6)] below, in any case where—

(a)the earner pays an ordinary contribution to which this section applies after the end of the tax year immediately following the contribution year; and

(b)the weekly rate of ordinary contributions for the week in respect of which the contribution was payable in the contribution year differs from the weekly rate applicable at the time of payment in the payment year,

the amount of the contribution shall be computed by reference to the highest weekly rate of ordinary contributions in the period beginning with the week in respect of which the contribution is paid and ending with the day on which it is paid.

(4)The [F137Treasury] may by regulations direct that subsection (3) above shall have effect in relation to a higher-rate contribution to which this section applies subject to such modifications as may be prescribed.

F138(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The [F137Treasury] may by regulations provide that the amount of any contribution which, apart from the regulations, would fall to be computed in accordance with subsection (3) F139... above shall instead be computed by reference to a tax year not earlier than the contribution year but earlier—

(a)F140... than the payment year; F141...

F141(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F142(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section—

  • “ordinary contribution” means a contribution [F143of the amount specified in section 11(6)]; and

  • “higher-rate contribution” means a contribution [F144of an amount provided for in regulations under section 11(8)].

Textual Amendments

F134Words in s. 12(1) inserted (with effect in relation to a Class 2 contribution in respect of a week in the tax year 2015-16 or a subsequent tax year) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 4(2), 36

F135Words in s. 12(2) substituted (with effect in relation to a Class 2 contribution in respect of a week in the tax year 2015-16 or a subsequent tax year) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 4(3), 36

F136Words in s. 12(3) substituted (with effect in relation to a Class 2 contribution in respect of a week in the tax year 2015-16 or a subsequent tax year) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 4(4), 36

F138S. 12(5) omitted (with effect in relation to a Class 2 contribution in respect of a week in the tax year 2015-16 or a subsequent tax year) by virtue of National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 4(5), 36

F139Words in s. 12(6) omitted (with effect in relation to a Class 2 contribution in respect of a week in the tax year 2015-16 or a subsequent tax year) by virtue of National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 4(6)(a), 36

F140Words in s. 12(6)(a) omitted (with effect in relation to a Class 2 contribution in respect of a week in the tax year 2015-16 or a subsequent tax year) by virtue of National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 4(6)(b), 36

F141S. 12(6)(b) and preceding word omitted (with effect in relation to a Class 2 contribution in respect of a week in the tax year 2015-16 or a subsequent tax year) by virtue of National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 4(6)(c), 36

F142S. 12(7) omitted (with effect in relation to a Class 2 contribution in respect of a week in the tax year 2015-16 or a subsequent tax year) by virtue of National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 4(7), 36

F143Words in s. 12(8) substituted (with effect in relation to a Class 2 contribution in respect of a week in the tax year 2015-16 or a subsequent tax year) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 4(8)(a), 36

F144Words in s. 12(8) substituted (with effect in relation to a Class 2 contribution in respect of a week in the tax year 2015-16 or a subsequent tax year) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 4(8)(b), 36

Class 3 contributionsE+W+S

13 Class 3 contributions.E+W+S

(1)[F145The Treasury shall by regulations] provide for earners and others, if over the age of 16, to be entitled if they so wish, but subject to any prescribed conditions, to pay Class 3 contributions; and, subject to the following provisions of this section, the amount of a Class 3 contribution shall be [F146£14.65].

(2)Payment of Class 3 contributions shall be allowed only with a view to enabling the contributor to satisfy F147... conditions of entitlement to benefit by acquiring the requisite earnings factor for the purposes described in section 22 below.

(3)[F148 The Secretary of State may by regulations] provide for Class 3 contributions, although paid in one tax year, to be appropriated in prescribed circumstances to the earnings factor of another tax year.

(4)The amount of a Class 3 contribution in respect of a tax year earlier than the tax year in which it is paid shall be the same as if it had been paid in the earlier year and in respect of that year, unless it falls to be calculated in accordance with subsection (6) below or regulations under subsection (7) below.

(5)In this section—

  • “the payment year” means the tax year in which a contribution is paid; and

  • “the contribution year” means the earlier year mentioned in subsection (4) above.

(6)Subject to subsection (7) below, in any case where—

(a)a Class 3 contribution is paid after the end of the next tax year but one following the contribution year; and

(b)the amount of a Class 3 contribution applicable had the contribution been paid in the contribution year differs from the amount of a Class 3 contribution applicable at the time of payment in the payment year,

the amount of the contribution shall be computed by reference to the highest of those two amounts and of any other amount of a Class 3 contribution in the intervening period.

(7)The [F149Treasury] may by regulations provide that the amount of a contribution which apart from the regulations would fall to be computed in accordance with subsection (6) above shall instead be computed by reference to the amount of a Class 3 contribution for a tax year earlier than the payment year but not earlier than the contribution year.

Textual Amendments

F147Word in s. 13(2) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 4

Modifications etc. (not altering text)

C61S. 13(1): power to amend conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 141(4), 192(4).

C62S. 13(1): power to amend conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 143(1)(4), 192(4)

C63S. 13(1): power to amend conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 145(4)(b), 192(4)

[F15013ARight to pay additional Class 3 contributions in certain casesE+W+S

(1)An eligible person is entitled, if he so wishes, but subject to any conditions prescribed by regulations made by the Treasury and to the following provisions of this section, to pay Class 3 contributions in respect of a missing year.

(2)A missing year is a tax year not earlier than 1975-76 in respect of which the person would under regulations under section 13 be entitled to pay Class 3 contributions but for a limit on the time within which contributions may be paid in respect of that year.

(3)A person is not entitled to pay contributions in respect of more than 6 tax years under this section.

(4)A person is not entitled to pay any contribution under this section after the end of 6 years beginning with the day on which he attains pensionable age.

(5)A person is an eligible person if the following conditions are satisfied.

(6)The first condition is that the person attained or will attain pensionable age in the period—

(a)beginning with 6th April 2008, and

(b)ending with 5th April 2015.

(7)The second condition is that there are at least 20 tax years each of which is a year to which subsection (8) or (10) applies.

(8)This subsection applies if—

(a)the year is one in respect of which the person has paid or been credited with contributions that are of a relevant class for the purposes of paragraph 5 or 5A of Schedule 3 or been credited (in the case of 1987-88 or any subsequent year) with earnings, and

(b)in the case of that year, the earnings factor derived as mentioned in subsection (9) is not less than the qualifying earnings factor for that year.

(9)For the purposes of subsection (8)(b) the earnings factor—

(a)in the case of 1987-88 or any subsequent year, is that which is derived from—

(i)so much of the person's earnings as did not exceed the upper earnings limit and upon which such of the contributions mentioned in subsection (8)(a) as are primary Class 1 contributions were paid or treated as paid or earnings credited, and

(ii)any Class 2 or Class 3 contributions for the year, or

(b)in the case of any earlier year, is that which is derived from the contributions mentioned in subsection (8)(a).

(10)This subsection applies (in the case of a person who attained or will attain pensionable age before 6th April 2010) if the year is one in which the person was precluded from regular employment by responsibilities at home within the meaning of regulations under paragraph 5(7) of Schedule 3.

(11)The third condition applies only if the person attained or will attain pensionable age before 6th April 2010.

(12)That condition is that—

(a)the person has, in respect of any one tax year before that in which he attains pensionable age, actually paid contributions that are of a relevant class for the purposes of paragraph 5 of Schedule 3, and

(b)in the case of that year, the earnings factor derived as mentioned in subsection (13) is not less than the qualifying earnings factor for that year.

(13)For the purposes of subsection (12)(b) the earnings factor—

(a)in the case of 1987-88 or any subsequent year, is that which is derived from—

(i)so much of the person's earnings as did not exceed the upper earnings limit and upon which such of the contributions mentioned in subsection (12)(a) as are primary Class 1 contributions were paid or treated as paid, and

(ii)any Class 2 or Class 3 contributions for the year, or

(b)in the case of any earlier year, is that which is derived from the contributions mentioned in subsection (12)(a).]

Textual Amendments

F150S. 13A inserted (6.4.2009) by Pensions Act 2008 (c. 30), ss. 135(2), 149(4)

14 Restriction on right to pay Class 3 contributions.E+W+S

(1)No person shall be entitled to pay a Class 3 contribution in respect of any tax year if his earnings factor, or the aggregate of his earnings factors, for that year derived—

(a)in the case of 1987-88 or any subsequent year, from earnings upon which Class 1 contributions have been paid or treated as paid or from Class 2 contributions actually paid; or

(b)in the case of any earlier year, from contributions actually paid,

is equal to or exceeds the qualifying earnings factor for that year; and regulations may provide for precluding the payment of Class 3 contributions in other cases.

(2)Regulations may provide for the repayment of Class 3 contributions that have been paid in cases where their payment was precluded by, or by regulations made under, subsection (1) above.

(3)Contributions repayable by virtue of regulations under subsection (2) above shall, for the purpose of determining the contributor’s entitlement to any benefit, be treated as not having been paid (but nothing in this subsection shall be taken to imply that any other repayable contributions are to be treated for the purposes of benefit as having been paid).

[F151(4)Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, subsection (1)(a) above shall have effect as if such contributions had been paid or treated as paid on so much of those earnings as did not exceed the upper earnings limit.]

[F152(5)Regulations under subsection (1) or (2) above shall be made by the Treasury.]

Textual Amendments

[F153Class 3A contributionsU.K.

Textual Amendments

F153Ss. 14A-14C and cross-heading inserted (1.10.2014 for specified purposes, 12.10.2015 in so far as not already in force) by Pensions Act 2014 (c. 19), s. 56(1), Sch. 15 para. 3 (with Sch. 15 para. 4); S.I. 2014/2377, art. 2(1)(a)(ii)(3)(d)(i); S.I. 2015/1475, art. 3(b)

14AClass 3A contributions in return for units of additional pensionU.K.

[F154(1)An eligible person is entitled to pay a Class 3A contribution before the cut-off date, in return for a unit of additional pension.

(1A)The cut-off date is—

(a)5th April 2017, or

(b)if later the end of the 30-day period beginning with the day on which the person is sent information about Class 3A contributions by Her Majesty’s Revenue and Customs in response to a request made before 6th April 2017.]

(2)A person is eligible to pay a Class 3A contribution if the person—

(a)is entitled to a Category A, Category B or Category D retirement pension or graduated retirement benefit, or

(b)has deferred entitlement to a Category A or Category B retirement pension or graduated retirement benefit.

(3)The amount of a Class 3A contribution needed to obtain a unit of additional pension is to be determined in accordance with regulations made by the Treasury.

(4)Before making those regulations the Treasury must consult the Government Actuary or the Deputy Government Actuary.

(5)A person—

(a)may pay Class 3A contributions on more than one occasion, but

(b)may not obtain more than the maximum number of units of additional pension.

(6)The maximum number of units of additional pension that a person may obtain is to be specified by the Treasury in regulations.

(7)In this section “deferred”, in relation to graduated retirement benefit, has the meaning given by section 36(4A) of the National Insurance Act 1965.

(8)For the meaning of “deferred” in relation to a Category A or Category B retirement pension, see section 55(3) of this Act.

Textual Amendments

14BClass 3A contributions: repaymentU.K.

(1)The Treasury may by regulations provide for a Class 3A contribution to be repaid in specified circumstances.

(2)Regulations under subsection (1) may, in particular, make provision about applications for repayments and other procedural matters.

(3)A person is to be treated as never having had a unit of additional pension if the Class 3A contribution paid in respect of it is repaid.

(4)Regulations under subsection (1) may provide for benefits paid to a person because of the unit of additional pension to be recovered by deducting them from the repayment.

14CClass 3A contributions: power to change eligibility or remove the option to payU.K.

(1)The Treasury may by regulations change who is eligible to pay Class 3A contributions.

(2)The Treasury may by regulations remove the option for people to pay Class 3A contributions.

(3)Regulations under this section may, in particular, amend an Act.]

Class 4 contributionsU.K.

15 Class 4 contributions recoverable under the Income Tax Acts.E+W+S

(1)Class 4 contributions shall be payable for any tax year in respect of all [F155profits] which—

(a)are immediately derived from the carrying on or exercise of one or more trades, professions or vocations, F156...

(b)[F157are profits chargeable to income tax under Chapter 2 of Part 2 of the Income Tax (Trading and Other Income) Act 2005] for the year of assessment corresponding to that tax year [F158and

(c)are not profits of a trade, profession or vocation carried on wholly outside the United Kingdom.]

(2)Class 4 contributions in respect of profits F159... shall be payable—

(a)in the same manner as any income tax which is, or would be, chargeable in respect of those profits F159... (whether or not income tax in fact falls to be paid), and

(b)by the person on whom the income tax is (or would be) charged,

in accordance with assessments made from time to time under the Income Tax Acts.

[F160(3)The amount of a Class 4 contribution under this section for any tax year is equal to the aggregate of—

(a)the main Class 4 percentage of so much of the profits F161... referred to in subsection (1) above (computed in accordance with Schedule 2 to this Act) as exceeds [F162£8,424] but does not exceed [F163£46,350]; and

(b)the additional Class 4 percentage of so much of those profits F161... as exceeds [F163£46,350];

but the figures specified in this subsection are subject to alteration under section 141 of the Administration Act.

(3ZA)For the purposes of this Act—

(a)the main Class 4 percentage is [F1649] per cent; and

(b)the additional Class 4 percentage is [F1652] per cent;

but the main Class 4 percentage is subject to alteration under section 143 of the Administration Act.]

[F166(3A)Where income tax is (or would be) charged on a member of a limited liability partnership in respect of profits F167... arising from the carrying on of a trade or profession by the limited liability partnership, Class 4 contributions shall be payable by him if they would be payable were the trade or profession carried on in partnership by the members.]

F168(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of this section the year of assessment which corresponds to a tax year is the year of assessment (within the meaning of the Tax Acts) which consists of the same period as that tax year.

Textual Amendments

F155Word in s. 15(1) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 420(2)(a) (with Sch. 2)

F156Word in s. 15(1) repealed (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 420(2)(b), Sch. 3 (with Sch. 2)

F157Words in s. 15(1)(b) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 420(2)(c) (with Sch. 2)

F158S. 15(1)(c) and preceding word inserted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 420(2)(d) (with Sch. 2)

F159Words in s. 15(2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 420(3), Sch. 3 (with Sch. 2)

F160S. 15(3)(3ZA) substituted for s. 15(3) (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), ss. 3(1), 8(2)

F161Words in s. 15(3) repealed (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 420(3), Sch. 3 (with Sch. 2)

F164Figure in s. 15(3ZA)(a) substituted (6.4.2011) by National Insurance Contributions Act 2011 (c. 3), ss. 2(1)(a), 13(1)

F165Figure in s. 15(3ZA)(b) substituted (6.4.2011) by National Insurance Contributions Act 2011 (c. 3), ss. 2(1)(b), 13(1)

F167Words in s. 15(3A) repealed (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 420(3), Sch. 3 (with Sch. 2)

F168S. 15(4) repealed (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 420(4), Sch. 3 (with Sch. 2)

Modifications etc. (not altering text)

C64S. 15(3): power to amend conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 141(4), 192(4)

C65S. 15(3ZA)(a): power to amend conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 143(1)(4), 192(4)

16 Application of Income Tax Acts and destination of Class 4 contributions.U.K.

(1)All the provisions of the Income Tax Acts, including in particular—

(a)provisions as to assessment, collection, repayment and recovery, and

[F169(b)the provisions of Part VA (payment of tax) and Part X (penalties) of the Taxes Management Act 1970,] [F170and

(c)the provisions of Schedules 55 and 56 to the Finance Act 2009 [F171and of Schedule 38 to the Finance Act 2012],] [F172and

(d)the provisions of Part 4 (follower notices and accelerated payments) and Part 5 (promoters of tax avoidance schemes) of the Finance Act 2014,] [F173and

(e)the provisions of Schedule 18 to the Finance Act 2016 (serial tax avoidance),]

shall, with the necessary modifications, apply in relation to Class 4 contributions under this Act and the Northern Ireland Contributions and Benefits Act as if those contributions were income tax chargeable under [F174Chapter 2 of Part 2 of the Income Tax (Trading and Other Income) Act 2005 in respect of the profits of a trade, profession or vocation which is not carried on wholly outside the United Kingdom].

(2)Subsection (1) above is subject to any provision made by or under—

(a)sections 17(3) and (4) and 18 below;

(b)sections 17(3) and (4) and 18 of the Northern Ireland Contributions and Benefits Act; and

(c)Schedule 2 to this Act.

(3)Schedule 2 to this Act has effect for the application or modification, in relation to Class 4 contributions under this Act and the Northern Ireland Contributions and Benefits Act, of certain provisions of the Income Tax Acts, and the exclusion of other provisions, and generally with respect to the contributions.

F175(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F176(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F169S. 16(1)(b) substituted (6.4.1996 with effect in accordance with s. 196 of the amending Act) by Finance Act 1994 (c. 9), Sch. 19 para. 45

F171Words in s. 16(1)(c) inserted (1.4.2013) by Finance Act 2012 (c. 14), Sch. 38 para. 53; S.I. 2013/279, art. 2

F172S. 16(1)(d) and word inserted (12.4.2015) by National Insurance Contributions Act 2015 (c. 5), Sch. 2 paras. 32, 33(1)

F173S. 16(1)(e) and word inserted (with effect in relation to relevant defeats incurred after 15.9.2016 in accordance with Sch. 18 para. 63 of the amending Act) by Finance Act 2016 (c. 24), Sch. 18 para. 61(3)

F174Words in s. 16(1) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 421 (with Sch. 2)

F176S. 16(5) repealed (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), ss. 7, 8(2), Sch. 2

17 Exceptions, deferment and incidental matters relating to Class 4 contributions.E+W+S

(1)[F177The Inland Revenue may by regulations] provide—

(a)for excepting persons from liability to pay Class 4 contributions[F178, or any prescribed part of such contributions,] in accordance with sections 15 and 16(1) to (3) above; or

(b)for deferring any person’s liability,

F179...

(2)Exception from liability, or deferment, under subsection (1) above may, in particular, be by reference—

(a)to a person otherwise liable for contributions being under a prescribed age at the beginning of a tax year;

(b)to a person having attained pensionable age;

(c)to a person being in receipt of earnings in respect of which primary Class 1 contributions are, or may be, payable; or

(d)to a person not satisfying prescribed conditions as to residence or presence in the United Kingdom.

(3)[F180The Inland Revenue may by regulations] provide for any incidental matters arising out of the payment of any Class 4 contributions recovered by the Inland Revenue, including in particular the return, in whole or in part, of such contributions in cases where—

(a)payment has been made in error; or

(b)repayment ought for any other reason to be made.

(4)[F180The Inland Revenue may by regulations] provide for any matters arising out of the deferment of liability [F181to pay Class 4 contributions, or any part of such contributions,] under subsection (1) above, including in particular provision for the amount of a person’s profits or gains (as computed in accordance with Schedule 2 to this Act) to be certified by the Inland Revenue to F182... the person liable.

F183(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F184(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F178Words in s. 17(1) inserted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 4(2)

F179Words in s.17(1) repealed (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 6(a), Sch. 10 Pt. 1; S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F181Words in s. 17(4) substituted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 4(3)

F182Words in s.17(4) repealed (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 6(b); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F183S. 17(5) repealed (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), ss. 7, 8(2), Sch. 2

18 Class 4 contributions recoverable under regulations.E+W+S

(1)[F185The Inland Revenue may by regulations make provision] so that where—

(a)an earner, in respect of any one or more employments of his, is treated by regulations under section 2(2)(b) above as being self-employed; and

(b)in any tax year he has earnings from any such employment (one or more) which fall within paragraph (b)(i) of [F186subsection (8)] of section 11 above but is not liable for a higher weekly rate of Class 2 contributions by virtue of regulations under that subsection; and

(c)the total of those earnings exceeds [F187£8,424],

he is to be liable, in respect of those earnings, to pay a Class 4 contribution F188....

[F189(1A)The amount of a Class 4 contribution payable by virtue of regulations under this section is equal to the aggregate of—

(a)the main Class 4 percentage of so much of the total of the earnings referred to in subsection (1)(b) above as exceeds [F187£8,424] but does not exceed [F190£46,350]; and

(b)the additional Class 4 percentage of so much of that total as exceeds [F190£46,350];

but the figures specified in this subsection are subject to alteration under section 141 of the Administration Act.]

(2)[F191In relation to Class 4 contributions payable by virtue of regulations under this section], [F192regulations made by the Inland Revenue may]—

(a)apply any of the provisions of Schedule 1 to this Act (except a provision conferring power to make regulations); and

(b)make any such provision as may be made by regulations under that Schedule, except paragraph 6 [F193or 7BZA].

Textual Amendments

F186Words in s. 18(1)(b) substituted (with effect for the tax year 2015-16 and subsequent tax years) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 5, 36

F188Words in s. 18(1) repealed (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), ss. 7, 8(2), Sch. 2

F189S. 18(1A) inserted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), ss. 3(3), 8(2)

F191Words in s. 18(2) substituted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 7; S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

Modifications etc. (not altering text)

C66S. 18(1): power to amend conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 141(5), 192(4)

[F19418AClass 4 contributions: partnershipsU.K.

(1)The Treasury may by regulations—

(a)modify the way in which liabilities for Class 4 contributions of a partner in a firm are determined, or

(b)otherwise modify the law relating to Class 4 contributions,

as they consider appropriate to take account of the passing or making of a provision of the Income Tax Acts relating to firms or partners in firms.

(2)“Firm” has the same meaning as in the Income Tax (Trading and Other Income) Act 2005 (and includes a limited liability partnership in relation to which section 863(1) of that Act applies); and “partner” is to be read accordingly and includes a former partner.

(3)Regulations under this section may have retrospective effect; but they may not have effect before the beginning of the tax year in which they are made.]

Textual Amendments

GeneralE+W+S

19 General power to regulate liability for contributions.E+W+S

(1)Regulations may provide either generally or in relation to—

(a)any prescribed category of earners; or

(b)earners in any prescribed category of employments,

that their liability in a particular tax year in respect of contributions of prescribed classes[F195, or any prescribed part of such contributions,] is not to exceed such maximum amount or amounts as may be prescribed.

(2)Regulations made for the purposes of subsection (1) above may provide—

(a)for an earner whose liability is subject to a maximum prescribed under that subsection to be liable in the first instance for the full amount of any contributions due from him apart from the regulations, or to be relieved from liability for such contributions in prescribed circumstances and to the prescribed extent; and

(b)for contributions paid in excess of any such maximum to be repaid at such times, and in accordance with such conditions, as may be prescribed.

(3)Regulations may provide, in relation to earners otherwise liable for contributions of any class [F196or any part of such contributions], for excepting them from the liability for such periods, and in such circumstances, as may be prescribed.

(4)As respects any woman who was married or a widow on 6th April 1977 (the date of the coming into force of the repeal of the old provisions that primary Class 1 contributions might be paid at a reduced rate and Class 2 contributions need not be paid by a married woman or a widow) regulations shall provide—

(a)for enabling her to elect that [F197so much of her liability in respect of primary Class 1 contributions as is attributable to section 8(1)(a) above] shall be a liability to contribute at such reduced rate as may be prescribed; and

(b)either for enabling her to elect that her liability in respect of Class 2 contributions shall be a liability to contribute at such reduced rate as may be prescribed or for enabling her to elect that she shall be under no liability to pay such contributions; and

(c)for enabling her to revoke any such election.

(5)Regulations under subsection (4) above may—

(a)provide for the making or revocation of any election under the regulations to be subject to prescribed exceptions and conditions;

(b)preclude a person who has made such an election from paying Class 3 contributions while the election has effect;

(c)provide for treating an election made or revoked for the purpose of any provision of the regulations as made or revoked also for the purpose of any other provision of the regulations;

(d)provide for treating an election made in accordance with regulations under section 130(2) of the 1975 Act as made for the purpose of regulations under subsection (4) above.

[F198(5A)Regulations under any of subsections (1) to (5) above shall be made by the Treasury.]

(6)[F199The Secretary of State may by regulations] provide for earnings factors to be derived, for such purposes as may be prescribed, as follows, that is to say—

(a)in the case of earnings factors for 1987-88 or any subsequent tax year—

(i)from earnings upon which primary Class 1 contributions are paid at a reduced rate by virtue of regulations under subsection (4) above; or

(ii)from Class 2 contributions paid at a reduced rate by virtue of such regulations; and

(b)in the case of earnings factors for any earlier tax year, from contributions which are paid at a reduced rate by virtue of regulations under subsection (4) above;

and if provision is made for a person to have earnings factors so derived for the purpose of establishing entitlement to any benefit, the regulations may, in relation to that person, vary or add to the requirements for entitlement to that benefit.

Textual Amendments

F195Words in s. 19(1) inserted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 5(2)

F196Words in s. 19(3) inserted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 5(3)

F197Words in s. 19(4)(a) substituted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 5(4)

[F20019A Class 1, 1A or 1B contributions paid in errorE+W+S

(1)This section applies where—

(a)payments by way of Class 1, Class 1A or Class 1B contributions are made in respect of earnings paid to or for the benefit of an earner (or in respect of a benefit made available to an earner) in 1998-99 or a subsequent tax year (“year 1”);

(b)the payments are made in error, in that the employment from which the earnings are derived (or by reason of which the benefit is made available) is not employed earner’s employment; and

(c)the person making the payments has not been notified of the error by the [F201Inland Revenue] before the end of the tax year following year 1 (“year 2”).

(2)After the end of year 2 the earner shall, except in such circumstances as may be prescribed, be treated for all purposes relating to—

(a)contributions and contributory benefits; and

(b)statutory sick pay and statutory maternity pay,

as if the earnings were derived from (or the benefit were made available by reason of) employed earner’s employment.

[F202(3)Regulations under subsection (2) above shall be made by the Treasury.]]

Textual Amendments

F200S. 19A inserted (4.3.1999 for specified purposes, 6.4.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 54, 87(2); S.I. 1999/526, art. 2(1)(2)(a)

F201Words in s. 19A(1)(c) substituted (4.3.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 9 para. 4; S.I. 1999/527, art. 2(a)(b), Schs. 1, 2 (with arts. 3-6)

[F20319BExtended meaning of “benefit” etc in Part 1E+W+S

In this Part references to “benefit” or “contributory benefit” include benefit under Part 1 of the Pensions Act 2014.]

Textual Amendments

Part IIE+W+S Contributory Benefits

Modifications etc. (not altering text)

C67Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

C68Pt. 2: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(1)(2)(6)(h), 89(4)(a) (with s. 52(7))

PreliminaryE+W+S

20 Descriptions of contributory benefits.E+W+S

(1)Contributory benefits under this Part of this Act are of the following descriptions, namely—

F204(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F205(b)incapacity benefit, comprising—

(i)short-term incapacity benefit, and

(ii)long-term incapacity benefit;]

(d)maternity allowance F206... ;

(e)widow’s benefit, comprising—

F207(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)widowed mother’s allowance F208... ;

(iii)widow’s pension;

[F209(ea)widowed parent's allowance;]

(f)retirement pensions of the following categories—

(i)Category A, payable to a person by virtue of his own contributions (with increase for adult F210... dependants); and

[F211(ii)Category B, payable to a person by virtue of the contributions of a spouse F208... [F212or civil partner]]

[F213(fa)shared additional pensions;]

(g)for existing beneficiaries only, child’s special allowance.

(2)In this Act—

  • “long-term benefit” means—

    (a)

    [F214long-term incapacity benefit;]

    (b)

    a widowed mother’s allowance;

    (ba)

    [F215a widowed parent’s allowance;]

    (bb)

    F216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (c)

    a widow’s pension; and

    (d)

    a Category A or Category B retirement pension

    (e)

    [F217a shared additional pension;]; and

  • “short-term benefit” means—

    (a)

    F218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (b)

    [F219short-term incapacity benefit; and]

    (c)

    maternity allowance.

(3)The provisions of this Part of this Act are subject to the provisions of [F220Chapter II of Part III of the Pensions Act [F221(reduction in benefits for members of schemes that were contracted-out)]].

Textual Amendments

F206Words in s. 20(1)(d) repealed (6.4.2010) by Welfare Reform Act 2009 (c. 24), ss. 58(2)(a), 61(2), Sch. 7 Pt. 2

F207S. 20(1)(e)(i) repealed (24.4.2000 for specified purposes, 9.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 3(2)(a), Sch. 13 Pt. 5; S.I. 2000/1047, art. 2(2)(a), Sch. Pt. I

F208Words in s. 20(1) repealed with savings (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/938, art. 2, Sch. (with art. 3)

F210Words in s. 20(1)(f)(i) repealed with savings (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/938, art. 2, Sch. (with art. 3)

F211S. 20(1)(f)(ii) substituted (19.7.1995) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 21(1)

F215Words in s. 20(2) inserted (24.4.2000 for specified purposes, 9.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 3(3); S.I. 2000/1047, art. 2(2)(a), Sch. Pt. I

F218Words in s. 20(2) repealed (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 3; S.I. 1996/2208, art. 2(b)

F220Words in s. 20(3) substituted (7.2.1994) by Pension Schemes Act 1993 (c. 48), s. 193(2), Sch. 8 para. 35 (with s. 189. Schs. 6, 9); S.I. 1994/86

21 Contribution conditions.E+W+S

(1)Entitlement to any of the benefits specified in section 20(1) above, [F222other than [F223short-term incapacity benefit under subsection (1)(b) of section 30A below,] long-term incapacity benefit under [F223subsection (5) of that section] [F224, maternity allowance under section 35 [F225or 35B] below] or short-term or long-term incapacity benefit under section 40 or 41 below] [F226or a shared additional pension under section 55A [F227or 55AA] below], depends on contribution conditions being satisfied (either by the claimant or by some other person, according to the particular benefit).

(2)The class or classes of contribution which, for the purposes of subsection (1) above, are relevant in relation to each of those benefits are as follows—

Short-term benefit
F228. . .F228. . .
[F229Short-term incapacity benefit under section [F23030A(1)(a)] below]Class 1 or 2
F231. . .F231. . .
Other benefits
F232. . .F232. . .
Widowed mother’s allowanceClass 1, 2 or 3
[F233Widowed parent’s allowance Class 1, 2 or 3]
F232. . .F232. . .
Widow’s pensionClass 1, 2 or 3
Category A retirement pensionClass 1, 2 or 3
Category B retirement pensionClass 1, 2 or 3
Child’s special allowanceClass 1, 2 or 3

(3)The relevant contribution conditions in relation to the benefits specified in subsection (2) above are those specified in Part I of Schedule 3 to this Act.

F234(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (4) above and Schedule 3 to this Act—

(a)“the contributor concerned”, for the purposes of any contribution condition, means the person by whom the condition is to be satisfied;

(b)“a relevant class”, in relation to any benefit, means a class of contributions specified in relation to that benefit in subsection (2) above;

(c)“the earnings factor”—

(i)where the year in question is 1987-88 or any subsequent tax year, means, in relation to a person, the aggregate of his earnings factors derived from [F235so much of his earnings as did not exceed the upper earnings limit and] upon which primary Class 1 contributions have been paid or treated as paid and from his Class 2 and Class 3 contributions; and

(ii)where the year in question is any earlier tax year, means, in relation to a person’s contributions of any class or classes, the aggregate of his earnings factors derived from all those contributions;

(d)except in the expression “benefit year”, “year” means a tax year.

[F236(5A)Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, the following provisions, namely—

(a)subsection (5)(c) above;

(b)sections 22(1)(a) [F237, (2A)] and (3)(a), 23(3)(a), 24(2)(a), [F23844(6)(za) and (a)] F239... below; and

(c)paragraphs 2(4)(a) and (5)(a), 4(2)(a), 5(2)(b) and (4)(a) [F240, 5A(3)(a)] and 7(4)(a) of Schedule 3 to this Act,

shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.]

(6)In this Part of this Act “benefit year” means a period—

(a)beginning with the first Sunday in January in any calendar year, and

(b)ending with the Saturday immediately preceding the first Sunday in January in the following calendar year;

but for any prescribed purposes of this Part of this Act “benefit year” may by regulations be made to mean such other period (whether or not a period of 12 months) as may be specified in the regulations.

Textual Amendments

F223Words in s. 21(1) inserted (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 21(a); S.I. 2000/2958, art. 2(3)(e)(4)(5)

F224Words in s. 21(1) inserted (12.1.2000 for specified purposes, 2.4.2000 for all other purposes) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 31(2); S.I. 1999/3309, art. 2(1)(b)

F228Words in s. 21(2) table omitted (7.10.1996) by virtue of Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 3; S.I. 1996/2208, art. 2(b)

F230Words in s. 21(1) substituted (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 21(b); S.I. 2000/2958, art. 2(3)(e)(4)(5)

F231Words in s. 21(2) repealed (12.1.2000 for specified purposes, 2.4.2000 for all other purposes) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 31(3), Sch. 13 Pt. V; S.I. 1999/3309, art. 2(1)(b)(c)

F232Words in s. 21(2) table omitted (6.4.2017) by virtue of Pensions Act 2014 (c. 19), s. 56(1), Sch. 16 para. 4(2); S.I. 2017/297, art. 3(2) (with arts. 4, 5)

F233Words in s. 21(2) inserted (24.4.2000 for specified purposes, 9.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 4(2)(b); S.I. 2000/1047, art. 2(2)(a), Sch. Pt. I

F235Words in s. 21(5)(c)(i) substituted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 6

F237Word in s. 21(5A)(b) inserted (8.1.2001 for specified purposes, 25.1.2001 for specified purposes, 6.4.2002 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 35(2)(a), 86(1)(b)(2); S.I. 2000/2950, art. 6; S.I. 2001/153, art. 2(a)

F238Words in s. 21(5A)(b) substituted (8.1.2001 for specified purposes, 25.1.2001 for specified purposes, 6.4.2002 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 35(2)(b), 86(1)(b)(2); S.I. 2000/2950, art. 6; S.I. 2001/153, art. 2(a)

F239Words in s. 21(5A)(b) repealed with savings (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1

F240Words in s. 21(5A)(c) inserted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 2; S.I. 2011/3033, art. 2(c)(ii)

22 Earnings factors.E+W+S

(1)A person shall, for the purposes specified in subsection (2) below, be treated as having annual earnings factors derived—

(a)in the case of 1987-88 or any subsequent tax year, from [F241so much of his earnings as did not exceed the upper earnings limit and] upon which primary Class 1 contributions have been paid or treated as paid and from Class 2 and Class 3 contributions; and

(b)in the case of any earlier tax year, from his contributions of any of Classes 1, 2 and 3;

but subject to the following provisions of this section and those of section 23 below.

(2)The purposes referred to in subsection (1) above are those of—

(a)establishing, by reference to the satisfaction of contribution conditions, entitlement to [F242a contribution-based jobseeker’s allowance[F243, to a contributory employment and support allowance] or to] any benefit specified in section 20(1) above, other than maternity allowance; F244...

(b)calculating the additional pension in the rate of a long-term benefit [F245; and

(c)establishing entitlement to a state pension under Part 1 of the Pensions Act 2014 and, where relevant, calculating the rate of a state pension under that Part]; [F246and

(d)establishing entitlement to bereavement support payment under section 30 of the Pensions Act 2014].

[F247(2A)For the purposes specified in subsection (2)(b) above, in the case of the first appointed year or any subsequent tax year a person’s earnings factor shall be treated as derived only from [F248so much of his earnings as did not exceed [F249the applicable limit] and] on which primary Class 1 contributions have been paid or treated as paid.

[F250This subsection does not affect the operation of sections 44A and 44B (deemed earnings factors).]]

[F251(2B)“The applicable limit” means—

(a)in relation to a tax year before [F2522009-10], the upper earnings limit;

(b)in relation to [F2522009-10] or any subsequent tax year, the upper accrual point.]

(3)Separate earnings factors may be derived for 1987-88 and subsequent tax years—

(a)from earnings [F253not exceeding the upper earnings limit] upon which primary Class 1 contributions have been paid or treated as paid;

(b)from earnings which have been credited;

(c)from contributions of different classes paid or credited in the same tax year;

(d)by any combination of the methods mentioned in paragraphs (a) to (c) above,

and may be derived for any earlier tax year from contributions of different classes paid or credited in the same tax year, and from contributions which have actually been paid, as opposed to those not paid but credited.

(4)Subject to regulations under section 19(4) to (6) above, no earnings factor shall be derived—

(a)for 1987-88 or any subsequent tax year, from earnings [F254in respect of which] primary Class 1 contributions are paid at the reduced rate, or

(b)for any earlier tax year, from primary Class 1 contributions paid at the reduced rate or from secondary Class 1 contributions.

(5)Regulations may provide for crediting—

(a)for 1987-88 or any subsequent tax year, earnings or Class 2 or Class 3 contributions, or

(b)for any earlier tax year, contributions of any class,

for the purpose of bringing a person’s earnings factor for that tax year to a figure which will enable him to satisfy contribution conditions of entitlement to [F255a contribution-based jobseeker’s allowance[F256, to a contributory employment and support allowance] or to] any prescribed description of benefit (whether his own entitlement or another person’s).

[F257(5ZA)Regulations may provide for crediting—

(a)for 1987-88 or any subsequent tax year, earnings or Class 2 or Class 3 contributions, or

(b)for any earlier tax year, contributions of any class,

for the purpose of bringing an earnings factor for that tax year to a figure which will make that year a “qualifying year”, “pre-commencement qualifying year” or “post-commencement qualifying year” of a person for the purposes of Part 1 of the Pensions Act 2014 (see sections 2(4) and 4(4) of that Act).

(5ZB)Regulations under subsection (5ZA) must provide for crediting a person with such contributions as may be specified in respect of periods on or after 6 April 1975 during which the person was—

(a)a spouse or civil partner of a member of Her Majesty's forces,

(b)accompanying the member on an assignment outside the United Kingdom, and

(c)not of a description specified in the regulations.]

[F258(5A)Section 23A makes provision for the crediting of Class 3 contributions for the purpose of determining entitlement to the benefits to which that section applies.]

(6)Regulations may impose limits with respect to the earnings factors which a person may have or be treated as having in respect of any one tax year.

(7)The M1power to amend regulations made before 30th March 1977 (the passing of the Social Security (Miscellaneous Provisions) Act 1977) under subsection (5) above may be so exercised as to restrict the circumstances in which and the purposes for which a person is entitled to credits in respect of weeks before the coming into force of the amending regulations; but not so as to affect any benefit for a period before the coming into force of the amending regulations if it was claimed before 18th March 1977.

[F259(8)In this section, “contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).]

[F260(9)References in this Act or any other Act to earnings factors derived from so much of a person's earnings as do not exceed the upper accrual point or the upper earnings limit are to be read, in relation to earners paid otherwise than weekly, as references to earnings factors derived from so much of those earnings as do not exceed the prescribed equivalent.]

Textual Amendments

F241Words in s. 22(1)(a) substituted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 7(2)

F242Words in s. 22(2)(a) inserted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 22; S.I. 1996/2208, art. 2(b)

F244Word in s. 22(2) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 6(2)(a)

F247S. 22(2A) inserted (8.1.2001 for specified purposes, 25.1.2001 for specified purposes, 6.4.2002 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 30(1), 86(1)(b)(2); S.I. 2000/2950, art. 6; S.I. 2001/153, art. 2(a)

F248Words in s. 22(2A) substituted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 7(2)

F249Words in s. 22(2A) substituted (26.9.2007) by Pensions Act 2007 (c. 22), ss. 12(1)(a), 30(3)

F250Words in s. 22(2A) inserted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 1 para. 33

F251S. 22(2B) inserted (26.9.2007) by Pensions Act 2007 (c. 22), ss. 12(1)(b), 30(3)

F252Word in s. 22(2B) substituted (21.9.2008) by National Insurance Contributions Act 2008 (c. 16), ss. 3(2), 6(1)

F253Words in s. 22(3)(a) inserted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 7(3)

F256Words in s. 22(5) inserted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 9(3)(b); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F257S. 22(5ZA)-(5ZB) inserted (15.1.2016 for specified purposes, 6.4.2016 in so far as not already in force) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 6(3); S.I. 2015/2058, art. 2(b)

F258S. 22(5A) inserted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 1 para. 9

F259S. 22(8) inserted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 9(4); S.I. 2008/787, art. 2(1)(4)(f), Sch.

Modifications etc. (not altering text)

C71S. 22(5)(a): power to make regulations modified (21.5.1998) by Social Security Act 1998 (c. 14), ss. 77, 87(2)(a)

Marginal Citations

23 Provisions supplemental to sections 21 and 22.E+W+S

(1)Earnings factors derived as mentioned in section [F26122(1)] above, including earnings factors as increased by any order under section 148 of the Administration Act—

(a)shall be expressed, subject to subsection (2) below, as whole numbers of pounds; and

(b)shall be made ascertainable from tables or rules to be drawn up by the Secretary of State and embodied in regulations.

(2)Subsection (1) above does not require earnings factors in respect of the tax year 1978-79 or any subsequent tax year which have been revalued for the purpose of calculating guaranteed minimum pensions under the Pensions Act [F262or the Social Security Pensions Act 1975] to be expressed as whole numbers of pounds.

(3)The tables and rules referred to in subsection (1) above shall be drawn up so that, in general—

(a)in respect of the tax year 1987-88 and any subsequent tax year, the amount of earnings [F263not exceeding the upper earnings limit] upon which primary Class 1 contributions have been paid or treated as paid gives rise, subject to [F264subsections (3A) and] (4) below, to an earnings factor for that year equal or approximating to the amount of those earnings; and

(b)any number of Class 2 or Class 3 contributions in respect of a tax year gives rise to an earnings factor for that tax year equal or approximating to that year’s lower earnings limit for Class 1 contributions multiplied by the number of contributions.

[F265(3A)For the purposes specified in section 22(2)(b) (additional pension), subsection (3)(a) has effect in relation to 2009-10 and subsequent tax years as if the reference to the upper earnings limit were to the upper accrual point.]

(4)The Secretary of State may by regulations make such modifications of subsection (3)(a) above as appear to him to be appropriate in consequence of section 8(2) above.

Textual Amendments

F261Word in s. 23(1) substituted (19.7.1995) by Pensions Act 1995 (c. 26), ss. 134(1), 180(2)(a) (with Sch. 4)

F262Words in s. 23(2) inserted (7.2.1994) by Pension Schemes Act 1993 (c. 48), s. 193(2), Sch. 8 para. 36 (with s. 189, Schs. 6, 9); S.I. 1994/86

F263Words in s. 23(3)(a) inserted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 8

F264Words in s. 23(3)(a) substituted (21.9.2008) by National Insurance Contributions Act 2008 (c. 16), s. 6(1), Sch. 1 para. 3(2)

[F26623AContributions credits for relevant parents and carersE+W+S

(1)This section applies to the following benefits—

(a)a Category A retirement pension in a case where the contributor concerned attains pensionable age on or after 6th April 2010;

(b)a Category B retirement pension payable by virtue of section 48A [F267or 48AA] below in a case where the contributor concerned attains pensionable age on or after that date;

(c)a Category B retirement pension payable by virtue of section 48B below in a case where the contributor concerned dies on or after that date without having attained pensionable age before that date;

(d)a widowed parent's allowance payable in a case where the contributor concerned dies on or after that date;

F268(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The contributor concerned in the case of a benefit to which this section applies shall be credited with a Class 3 contribution for each week falling after 6th April 2010 in respect of which the contributor was a relevant carer.

(3)A person is a relevant carer in respect of a week if the person—

(a)is awarded child benefit for any part of that week in respect of a child under the age of 12,

(b)is a foster parent for any part of that week, or

(c)is engaged in caring, within the meaning given by regulations, in that week.

(4)Regulations may make provision for a person's entitlement to be credited with Class 3 contributions by virtue of falling within subsection (3)(b) or (c) above to be conditional on the person—

(a)applying to be so credited in accordance with the prescribed requirements, and

(b)complying with the prescribed requirements as to the provision of information to the Secretary of State [F269or to the Commissioners for Her Majesty’s Revenue and Customs].

(5)The contributor concerned in the case of a benefit to which this section applies shall be credited with 52 Class 3 contributions for each tax year ending before 6th April 2010 in which the contributor was precluded from regular employment by responsibilities at home within the meaning of regulations under paragraph 5(7) of Schedule 3.

(6)But the maximum number of tax years for which a person can be credited with contributions under subsection (5) above is—

(a)in the case of a benefit mentioned in subsection (1)(a) to (c) above, 22;

(b)in the case of a benefit mentioned in subsection (1)(d) F270... above, half the requisite number of years of the person's working life.

(7)The table in paragraph 5(5) of Schedule 3 (requisite number of years of a working life of given duration) applies for the purposes of subsection (6)(b) above as it applies for the purposes of the second condition set out in paragraph 5(3) of that Schedule.

(8)For the purpose of determining entitlement to a benefit to which this section applies, a week that falls partly in one tax year and partly in another is to be treated as falling in the year in which it begins and not in the following year.

[F271(8A)Where this section, or regulations made under it, have the effect that the contributor concerned is credited, on or after 6 April 2016, with contributions for a tax year starting before that date, the contributions are to be treated for the purposes of calculating the rate under paragraph 3 of Schedule 1 to the Pensions Act 2014 as having been credited before 6 April 2016.]

(9)In this section—

  • “the contributor concerned” has the meaning given in section 21(5)(a) above;

  • “foster parent” has the meaning given by regulations.]

Textual Amendments

F266S. 23A inserted (26.9.2007) by Pensions Act 2007 (c. 22), ss. 3(1), 30(3)

24 Records of earnings and calculation of earnings factors in absence of records.E+W+S

(1)Regulations may provide for requiring persons to maintain, in such form and manner as may be prescribed, records of such earnings paid by them as are relevant for the purpose of calculating earnings factors, and to retain such records for so long as may be prescribed.

(2)Where the Secretary of State is satisfied that records of earnings relevant for the purpose of calculating a person’s earnings factors for the tax year 1987-88 or any subsequent tax year have not been maintained or retained or are otherwise unobtainable, then, for the purpose of determining those earnings factors, he may—

(a)compute, in such manner as he thinks fit, an amount which shall be regarded as the amount of [F272so much of that person’s earnings as did not exceed the upper earnings limit and] on which primary Class 1 contributions have been paid or treated as paid; or

(b)take the amount of those earnings to be such sum as he may specify in the particular case.

Textual Amendments

F272Words in s. 24(2)(a) substituted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 9

Unemployment benefitE+W+S

F27325 Unemployment benefit.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27425A Determination of days for which unemployment benefit is payable.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27525B Power to amend provisions as to days of entitlement.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27626 Duration of unemployment benefit.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27727 Interruption of employment in connection with trade dispute.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27828 Unemployment benefit - other disqualifications etc.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27929 Exemptions from disqualification for unemployment benefit.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28030 Abatement of unemployment benefit on account of payments of occupational or personal pension.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F281Incapacity benefitE+W+S

Textual Amendments

30A Incapacity benefit: entitlement.E+W+S

(1)Subject to the following provisions of this section, a person who satisfies

[F282(a)either of the conditions mentioned in subsection (2) below; or

(b)if he satisfies neither of those conditions, each of the conditions mentioned in subsection (2A) below,]

is entitled to short-term incapacity benefit in respect of any day of incapacity for work [F283(“the relevant day”)] which forms part of a period of incapacity for work.

(2)The conditions [F284mentioned in subsection (1)(a) above] are that—

(a)he is under pensionable age on [F285the relevant day] and satisfies the contribution conditions specified for short-term incapacity benefit in Schedule 3, Part I, paragraph 2; or

(b)on that day he is over pensionable age but not more than 5 years over that age, the period of incapacity for work began before he attained pensionable age, and—

(i)he would be entitled to a Category A retirement pension if his entitlement had not been deferred or if he had not made an election under section 54(1) below, or

(ii)he would be entitled to a Category B retirement pension by virtue of the contributions of his deceased spouse [F286or deceased civil partner], but for any such deferment or election.

[F287(2A)The conditions mentioned in subsection (1)(b) above are that—

(a)he is aged 16 or over on the relevant day;

(b)he is under the age of 20 or, in prescribed cases, 25 on a day which forms part of the period of incapacity for work;

(c)he was incapable of work throughout a period of 196 consecutive days immediately preceding the relevant day, or an earlier day in the period of incapacity for work on which he was aged 16 or over;

(d)on the relevant day he satisfies the prescribed conditions as to residence in Great Britain, or as to presence there; and

(e)he is not, on that day, a person who is receiving full-time education.]

(3)A person is not entitled to short-term incapacity benefit [F288under subsection (1)(a) above] for the first 3 days of any period of incapacity for work.

(4)In any period of incapacity for work a person is not entitled to short-term incapacity benefit for more than 364 days.

(5)Where a person ceases by virtue of subsection (4) above to be entitled to short-term incapacity benefit, he is entitled to long-term incapacity benefit in respect of any subsequent day of incapacity for work in the same period of incapacity for work on which he is not over pensionable age.

[F289(6)Regulations may provide that persons who have previously been entitled to incapacity benefit shall, in prescribed circumstances, be entitled to short-term incapacity benefit under subsection (1)(b) above notwithstanding that they do not satisfy the condition set out in paragraph (b) of subsection (2A) above.

(7)Regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time education for the purposes of paragraph (e) of that subsection.]]

Textual Amendments

F282Words in s. 30A(1) substituted (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 64(1)(a), 89(1); S.I. 2000/2958, art. 2(3)(c)(4)(5) (with arts. 3, 4)

F283Words in s. 30A(1) inserted (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 64(1)(b), 89(1); S.I. 2000/2958, art. 2(3)(c)(4)(5) (with arts. 3, 4)

F284Words in s. 30A(2) inserted (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 64(2)(a), 89(1); S.I. 2000/2958, art. 2(3)(c)(4)(5) (with arts. 3, 4)

F285Words in s. 30A(2) substituted (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 64(2)(b), 89(1); S.I. 2000/2958, art. 2(3)(c)(4)(5) (with arts. 3, 4)

F287S. 30A(2A) inserted (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 64(3), 89(1); S.I. 2000/2958, art. 2(3)(c)(4)(5) (with arts. 3, 4)

F288Words in s. 30A(3) inserted (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 64(4), 89(1); S.I. 2000/2958, art. 2(3)(c)(4)(5) (with arts. 3, 4)

F289S. 30A(6)(7) inserted (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 64(5), 89(1); S.I. 2000/2958, art. 2(3)(c)(4)(5) (with arts. 3, 4)

Modifications etc. (not altering text)

[F29030B Incapacity benefit: rate.E+W+S

(1)The amount payable by way of incapacity benefit in respect of any day is 1/7th of the appropriate weekly rate.

(2)Subject to the following provisions of this section, the weekly rate of short-term incapacity benefit is the lower or higher rate specified in Schedule 4, Part I, paragraph 2.

The benefit is payable at the lower rate so specified for the first 196 days of entitlement in any period of incapacity for work and at the higher rate so specified thereafter.

(3)In the case of a person over pensionable age the weekly rate of short-term incapacity benefit is, subject to subsection (4) below, that at which the relevant retirement pension referred to in section 30A(2)(b) above would have been payable.

But in determining that rate any increase of the following descriptions shall be disregarded—

(a)any increase [F291(for married people [F292or civil partners]) under section 51A(2)] below or (for deferred retirement) under Schedule 5 to this Act;

F293(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any increase (for Category A or Category B pensioners) under section 150 of the Administration Act (annual up-rating) of the sums mentioned in subsection (1)(e) of that section.

(4)In the case of a person who has been entitled to short-term incapacity benefit for 196 days or more in any period of incapacity for work and—

(a)is terminally ill, or

(b)he is entitled to the highest rate of the care component of disability living allowance,

the weekly rate of short-term incapacity benefit payable, if greater than the rate otherwise payable to him under subsection (2) or (3) above, shall be equal to the rate at which long-term incapacity benefit under section 30A above would be payable to him if he were entitled to it.

For the purposes of this subsection a person is terminally ill if he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months.

(5)References to short-term incapacity benefit at the higher rate shall be construed as including short-term incapacity benefit payable to any person who has been entitled to that benefit for 196 days or more in a period of incapacity for work, notwithstanding that the rate of benefit is determined in accordance with subsection (3) or (4) above.

(6)Subject as follows, the weekly rate of long-term incapacity benefit under section 30A above is that specified in Schedule 4, Part I, paragraph 2A.

(7)Regulations may provide that if a person is, on the qualifying date in relation to a period of incapacity for work, under such age as may be prescribed, the rate of long-term incapacity benefit under section 30A above payable to him in respect of any day in that period shall be increased by such amount as may be prescribed.

For this purpose “the qualifying date” means the first day of the period of incapacity for work or such earlier day as may be prescribed.

[F294(8)This section has effect subject to sections 30DD (reduction for pension payments) and section 30E (reduction for councillor’s allowance) below.]]

Textual Amendments

F291Words in s. 30B(3) substituted (19.7.1995) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 21(3)

F293S. 30B(3)(b) repealed (6.4.2010 with savings until 6.4.2020) by Pensions Act 2007 (c. 22), ss. 4(4), 27(4)(b), Sch. 1 para. 12, Sch. 7 Pt. 2 (with s. 4(5)-(8))

F294S. 30B(8) added (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 22; S.I. 2000/2958, art. 2(3)(e)(4)(5)

[F29530C Incapacity benefit: days and periods of incapacity for work.E+W+S

(1)For the purposes of any provisions of this Act relating to incapacity benefit, subject to the following provisions and save as otherwise expressly provided—

(a)a day of incapacity for work means a day on which a person is incapable of work;

(b)a period of incapacity for work means a period of 4 or more consecutive days, each of which is a day of incapacity for work; and

(c)any two such periods not separated by a period of more than 8 weeks shall be treated as one period of incapacity for work.

(2)Any day which falls within the maternity allowance period (as defined in section 35(2) below) shall be treated for the purposes of any provision of this Act relating to incapacity benefit as a day of incapacity for work unless the woman is disqualified for receiving a maternity allowance for that day by virtue of regulations under section 35(3)(a) below.

(3)Regulations may make provision (subject to the preceding provisions of this section) as to the days which are or are not to be treated as days of incapacity for work for the purposes of any provision of this Act relating to incapacity benefit.

(4)The Secretary of State may by regulations provide—

(a)that paragraph (b) of subsection (1) above shall have effect as if the reference there to 4 consecutive days were to such lesser number of days, whether consecutive or not, within such period of consecutive days as may be prescribed; and

(b)that paragraph (c) of that subsection shall have effect as if for the reference to 8 weeks there were substituted a reference to such larger number of weeks as may be prescribed.

[F296(5)Where a person claims the higher rate of short-term incapacity benefit, or long-term incapacity benefit, under section 30A above for a period commencing after he has ceased to be in qualifying remunerative work (within the meaning of Part 1 of the Tax Credits Act 2002) and—

(a)the day following that on which he so ceased was a day of incapacity for work for him,

(b)he has been entitled to the higher rate of short-term incapacity benefit, or to long-term incapacity benefit, under section 30A above within the period of two years ending with that day of incapacity for work, and

(c)he satisfied the relevant tax credit conditions on the day before he so ceased,

every day during that period on which he satisfied those conditions is to be treated for the purposes of the claim as a day of incapacity for work for him.

(5A)A person satisfies the relevant tax credit conditions on a day if—

(a)he is entitled for the day to the disability element of working tax credit (on a claim made by him or by him jointly with another) or would be so entitled but for the fact that the relevant income (within the meaning of Part 1 of the Tax Credits Act 2002) in his or their case is such that he is not so entitled, and

(b)either working tax credit or any element of child tax credit other than the family element is paid in respect of the day on such a claim.]

(6)Where—

(a)a person becomes engaged in training for work, and

(b)he was entitled to the higher rate of short-term incapacity benefit, or to long-term incapacity benefit under section 30A above, for one or more of the 56 days immediately before he became so engaged, and

(c)the first day after he ceases to be so engaged is for him a day of incapacity for work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to such benefit,

any day since that day in which he was engaged in training for work shall be treated for the purposes of any claim for such benefit for a period commencing after he ceases to be so engaged as having been a day of incapacity for work.

In this subsection “training for work” means training for work in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or training of such other description as may be prescribed.

(7)For the purposes of this section “week” means any period of 7 days.]

Textual Amendments

F296S. 30C(5)(5A) substituted for s. 30C(5) (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 3 para. 25; S.I. 2003/962, art. 2(3)(d)(iii)

Modifications etc. (not altering text)

C74S. 30C power to make regulations modified (21.5.1998) by Social Security Act 1998 (c. 14), ss. 77, 87(2)(a)

[F29530D Incapacity benefit: construction of references to days of entitlement.E+W+S

(1)The following provisions have effect in calculating for the purposes of—

(a)section 30A(4) above (length of entitlement to short-term incapacity benefit),

(b)section 30B(2) above (period after which short-term incapacity benefit is payable at higher rate),

(c)section 30B(4) above (period after which incapacity benefit is payable at long-term rate in case of terminal illness), and

(d)section 30B(5) above (construction of references to short-term incapacity benefit at the higher rate),

the number of days for which a person has been entitled to short-term incapacity benefit.

(2)There shall be included—

(a)the first three days of the period of incapacity for work, and

(b)in the case of a woman, any days for which she was entitled to maternity allowance.

(3)There shall also be included such days as may be prescribed in respect of which a person was entitled to statutory sick pay, and on the first of which he satisfied the contribution conditions for short-term incapacity benefit.

(4)There shall be excluded any days in respect of which a person was disqualified for receiving incapacity benefit.]

Textual Amendments

Modifications etc. (not altering text)

[F29730DD Incapacity benefit: reduction for pension payments [F298and PPF periodic payments].E+W+S

[F299(1)Where—

(a)a person is entitled to incapacity benefit in respect of any period of a week or part of a week,

(b)there is—

(i)a pension payment;

(ii)a PPF periodic payment; or

(iii)any combination of the payments specified in sub-paragraphs (i) and (ii) above,

payable to him in respect of that period (or a period which forms part of that period or includes that period or part of it), and

(c)the amount of the payment or payments (or, as the case may be, the amount which in accordance with regulations is to be taken as payable to him by way of pension payments or PPF periodic payments in respect of that period), when taken together exceeds the threshold,

the amount of that benefit shall be reduced by an amount equal to 50 per cent. of that excess.]

(2)In subsection (1) above “the threshold” means—

(a)if the period in question is a week, £85 or such greater amount as may be prescribed; or

(b)if that period is not a week, such proportion of the amount mentioned in paragraph (a) as falls to be calculated in accordance with regulations on such basis as may be prescribed.

(3)Regulations may secure that a person of any prescribed description does not suffer any reduction under subsection (1) above in any amount of incapacity benefit to which he is entitled.

(4)Regulations may provide—

(a)for sums of any specified description to be disregarded for the purposes of this section;

(b)for sums of any specified description to be treated for those purposes as payable to persons as pension payments [F300or PPF periodic payments] (including, in particular, sums in relation to which there is a deferred right of receipt);

(c)for the aggregation of sums of any specified description which are payable as pension payments [F301or PPF periodic payments] (or treated as being so payable) in respect of the same or different periods;

(d)for such sums or aggregate sums to be apportioned between or otherwise allocated to periods in respect of which persons are entitled to incapacity benefit.

(5)In this section “pension payment” means—

(a)a periodical payment made in relation to a person under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme;

(b)a payment of any specified description, being a payment made under an insurance policy providing benefits in connection with physical or mental illness, disability, infirmity or defect; or

(c)a payment of any other specified description;

and “specified” means prescribed by or determined in accordance with regulations under this section.

(6)For the purposes of subsection (5) “occupational pension scheme”, “personal pension scheme” and “public service pension scheme” each have the meaning given by section 1 of the Pension Schemes Act 1993, except that “personal pension scheme” includes [F302an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988, or a substituted contract within the meaning of section 622(3) of that Act, which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004].]

Textual Amendments

F297S. 30DD inserted (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 63, 89(1); S.I. 2000/2958, art. 2(3)(b)(4)(5) (with art. 3(2))

[F29530E Incapacity benefit: reduction for councillor’s allowance.E+W+S

(1)Where the net amount of councillor’s allowance to which a person is entitled in respect of any week exceeds such amount as may be prescribed, an amount equal to the excess shall be deducted from the amount of any incapacity benefit to which he is entitled in respect of that week, and only the balance remaining (if any) shall be payable.

(2)In this section “councillor’s allowance” means—

(a)in England or Wales, an allowance under or by virtue of—

(i)section 173 or 177 of the Local Government Act 1972, or

(ii)a scheme made by virtue of section 18 of the Local Government and Housing Act 1989,

other than such an allowance as is mentioned in section 173(4) of the Local Government Act 1972, or

(b)in Scotland, an allowance under or by virtue of section 49 of the Local Government (Scotland) Act 1973 or a scheme made by virtue of section 18 of the Local Government and Housing Act 1989;

and where any such allowance is paid otherwise than weekly, an amount calculated or estimated in accordance with regulations shall be regarded as the weekly amount of the allowance.

(3)In subsection (1) above “net amount”, in relation to any councillor’s allowance to which a person is entitled, means the aggregate amount of the councillor’s allowance or allowances to which he is entitled for the week in question, reduced by the amount of any expenses incurred by him in that week in connection with his membership of the council or councils in question.]

Textual Amendments

Sickness benefitE+W+S

F30331 Sickness benefit.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30332 Sickness benefit - disqualifications etc.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Invalidity benefitsE+W+S

F30333 Invalidity pension.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30334 Invalidity allowance.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

MaternityE+W+S

35 State maternity allowance [F304for employed or self-employed earner].E+W+S

[F305(1)A woman shall be entitled to a maternity allowance [F306under this section], at the appropriate weekly rate determined under section 35A below, if—

(a)she has become pregnant and has reached, or been confined before reaching, the commencement of the 11th week before the expected week of confinement; and

(b)she has been engaged in employment as an employed or self-employed earner for any part of the week in the case of at least 26 of the 66 weeks immediately preceding the expected week of confinement; and

[F307(c)her average weekly earnings (within the meaning of section 35A below) are not less than the maternity allowance threshold for the tax year in which the beginning of the period of 66 weeks mentioned in paragraph (b) above falls;]

(d)she is not entitled to statutory maternity pay for the same week in respect of the same pregnancy.]

(2)Subject to the following provisions of this section, a maternity allowance [F308under this section] shall be payable for the period (“the maternity allowance period”) which, if she were entitled to statutory maternity pay, would be the maternity pay period under section 165 below.

(3)Regulations may provide—

(a)for disqualifying a woman for receiving a maternity allowance [F309under this section] if—

[F310(i)during the maternity allowance period, except in prescribed cases, she does any work in employment as an employed or self-employed earner;

(ia)during the maternity allowance period she fails without good cause to observe any prescribed rules of behaviour; or]

(ii)at any time before she is confined she fails without good cause to attend for, or submit herself to, any medical examination required in accordance with the regulations;

(b)that this section and [F311section 35A below] shall have effect subject to prescribed modifications in relation to cases in which a woman has been confined and—

(i)has not made a claim for a maternity allowance [F312under this section] in expectation of that confinement (other than a claim which has been disallowed); or

(ii)has made a claim for a maternity allowance [F313under this section] in expectation of that confinement (other than a claim which has been disallowed), but she was confined more than 11 weeks before the expected week of confinement;

[F314(c)that subsection (2) above shall have effect subject to prescribed modifications in relation to cases in which a woman fails to satisfy the conditions referred to in subsection (1)(b) [F315or (c) above] at the commencement of the 11th week before the expected week of confinement, but subsequently satisfies those conditions at any time before she is confined.]

[F316(3A)Regulations may provide for the duration of the maternity allowance period as it applies to a woman to be reduced, subject to prescribed restrictions and conditions.

(3B)Regulations under subsection (3A) are to secure that the reduced period ends at a time—

(a)after a prescribed period beginning with the day on which the woman is confined, and

(b)when at least a prescribed part of the maternity allowance period remains unexpired.

(3C)Regulations under subsection (3A) may, in particular, prescribe restrictions and conditions relating to—

(a)the end of the woman's entitlement to maternity leave;

(b)the doing of work by the woman;

(c)the taking of prescribed steps by the woman or another person as regards leave under section 75E of the Employment Rights Act 1996 in respect of the child;

(d)the taking of prescribed steps by a person other than the woman as regards statutory shared parental pay in respect of the child.

(3D)Regulations may provide for a reduction in the duration of the maternity allowance period as it applies to a woman to be revoked, or to be treated as revoked, subject to prescribed restrictions and conditions.]

[F317(3E)A woman who would, but for the reduction in duration of a maternity pay period by virtue of section 165(3A), be entitled to statutory maternity pay for a week is not entitled to a maternity allowance for that week.]

(4)A woman who has become entitled to a maternity allowance [F318under this section] shall cease to be entitled to it if she dies before the beginning of the maternity allowance period; and if she dies after the beginning, but before the end, of that period, the allowance shall not be payable for any week subsequent to that in which she dies.

(5)Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of a maternity allowance [F319under this section] [F320the amount payable by way of that allowance for any day shall be taken as one seventh of the weekly rate of the allowance].

(6)In this section “confinement” means—

(a)labour resulting in the issue of a living child, or

(b)labour after [F32124 weeks] of pregnancy resulting in the issue of a child whether alive or dead,

and “confined” shall be construed accordingly; and where a woman’s labour begun on one day results in the issue of a child on another day she shall be taken to be confined on the day of the issue of the child or, if labour results in the issue of twins or a greater number of children, she shall be taken to be confined on the day of the issue of the last of them.

[F322(6A)In this section “the maternity allowance threshold”, in relation to a tax year, means (subject to subsection (6B) below) £30.

(6B)The Secretary of State may, in relation to any tax year after 2001-2002, by order increase the amount for the time being specified in subsection (6A) above to such amount as is specified in the order.

(6C)When deciding whether, and (if so) by how much, to increase the amount so specified the Secretary of State shall have regard to the movement, over such period as he thinks fit, in the general level of prices obtaining in Great Britain (estimated in such manner as he thinks fit).

(6D)The Secretary of State shall in each tax year carry out such a review of the amount for the time being specified in subsection (6A) above as he thinks fit.]

(7)The fact that the mother of a child is being paid maternity allowance [F323under this section] shall not be taken into consideration by any court in deciding whether to order payment of expenses incidental to the birth of the child.

Textual Amendments

F305S. 35(1) substituted for s. 35(1)(1A) (12.1.2000 for specified purposes, 2.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 53(1), 89(1) (with s. 53(4)); S.I. 1999/3309, art. 2(1)(a)

F310S. 35(3)(a)(i)(ia) substituted for s. 35(3)(a)(i) (27.6.2006 for specified purposes, 1.10.2006 in so far as not already in force) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 6; S.I. 2006/1682, arts. 2(d), 3(d)

F311Words in s. 35(3) substituted (12.1.2000 for specified purposes, 2.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 53(2)(a), 89(1) (with s. 53(4)); S.I. 1999/3309, art. 2(1)(a)

F314S. 35(3)(c) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Maternity Allowance and Statutory Maternity Pay Regulations 1994 (S.I. 1994/1230), reg. 2(3)

F320Words in s. 35(5) substituted for s. 35(5)(a)(b) (1.10.2006 in respect of women whose expected week of confinement falls on or after 1.4.2007) by Social Security Act 1998 (c. 14), ss. 67, 87(2); S.I. 2006/2376, art. 2

F321Words in s. 35(6) substituted (1.10.1992) by Still-Birth (Definition) Act 1992 (c. 29), s. 2(1)(a)(2)(a), 4(2)

[F32435A Appropriate weekly rate of maternity allowance [F325under section 35].E+W+S

[F326(1)For the purposes of section 35(1) above the appropriate weekly rate is (subject to subsection (5A) below) whichever is the lower rate of—

(a)a weekly rate equivalent to 90 per cent of the woman’s average weekly earnings; and

(b)the weekly rate for the time being prescribed under section 166(1)(b) below.]

(4)For the purposes of this section a woman’s “average weekly earnings” shall be taken to be the average weekly amount (as determined in accordance with regulations) of specified payments which—

(a)were made to her or for her benefit as an employed earner, or

(b)are (in accordance with regulations) to be treated as made to her or for her benefit as a self-employed earner,

during the specified period.

(5)Regulations may, for the purposes of subsection (4) above, provide—

(a)for the amount of any payments falling within paragraph (a) or (b) of that subsection to be calculated or estimated in such manner and on such basis as may be prescribed;

(b)for a payment made outside the specified period to be treated as made during that period where it was referable to that period or any part of it;

(c)for a woman engaged in employment as a self-employed earner to be treated as having received a payment in respect of a week—

(i)equal to [F327an amount 90 per cent of which is equal to the weekly rate prescribed under section 166(1)(b) below that is] in force on the last day of the week, if she [F328has] paid a Class 2 contribution in respect of the week, or

(ii)equal to the maternity allowance threshold in force on that day, if she [F329could have paid, but has not paid,] such a contribution in respect of the week;

(d)for aggregating payments made or treated as made to or for the benefit of a woman where, either in the same week or in different weeks, she was engaged in two or more employments (whether, in each case, as an employed earner or a self-employed earner).

[F330(5A)Where subsection (5B) below applies the appropriate weekly rate is the weekly rate for the time being prescribed under section 166(1)(b) below.

(5B)This subsection applies where a woman is treated by virtue of regulations under sub-paragraph (i) of paragraph (c) of subsection (5) above as having received a payment in respect of each week in the specified period equal to the amount mentioned in that sub-paragraph.]

[F331(6)In this section “the maternity allowance threshold” has the same meaning as in section 35 above and “specified” means prescribed by or determined in accordance with regulations.]]

Textual Amendments

F324S. 35A inserted (12.1.2000 for specified purposes, 2.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 53(3), 89(1) (with s. 53(4)); S.I. 1999/3309, art. 2(1)(a)

F326S. 35A(1) substituted for s. 35A(1)-(3) (6.4.2003) by Employment Act 2002 (c. 22), ss. 48(1)(a), 55(2); S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3

F327Words in s. 35A(5)(c)(i) substituted (24.11.2002) by Employment Act 2002 (c. 22), ss. 48(1)(b), 55(2) (with s. 48(2)); S.I. 2002/2866, art. 2(1), Sch. 1 Pt. 1

F328Word in s. 35A(5)(c)(i) inserted (with effect for the tax year 2015-16 and subsequent tax years) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 6(a), 35

F329Words in s. 35A(5)(c)(ii) substituted (with effect for the tax year 2015-16 and subsequent tax years) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 6(b), 35

F331S. 35A(6) substituted for s. 35A(6)-(8) (6.4.2003) by Employment Act 2002 (c. 22), s. 55(2), Sch. 7 para. 5; S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3

[F33235B.State maternity allowance for participating wife or civil partner of self-employed earnerE+W+S

(1)A woman (W) shall be entitled to a maternity allowance under this section, at the weekly rate given by subsection (3) below, if—

(a)W has become pregnant and has reached, or been confined before reaching, the commencement of the 11th week before the expected week of confinement; and

(b)for any part of the week in the case of at least 26 of the 66 weeks immediately preceding the expected week of confinement, W has worked with a person (S) who at the time of her doing so—

(i)was her spouse or civil partner, and

(ii)was engaged in employment as a self-employed earner; and

(c)S [F333has paid] a Class 2 contribution in respect of the 26 weeks referred to in paragraph (1)(b); and

(d)W is not entitled to a maternity allowance under section 35 above, or statutory maternity pay, for the same week in respect of the same pregnancy.

(2)In this section—

(a)a reference to W working with S is a reference to W participating in the activities engaged in by S as a self-employed earner, performing the same tasks or ancillary tasks, without being employed by S or being in partnership with S;

(b)a reference to W ceasing to work with S is a reference to W ceasing to do so either permanently or until after her confinement.

(3)The rate of allowance under this section for any particular week is 90 per cent of the amount of the maternity allowance threshold for the tax year in which the week ends.

(4)Subject to subsections (10) and (11) below, a maternity allowance under this section shall be payable for the period of 14 weeks (“the 14-week period”) beginning as set out in subsection (5), (6), (7) or (8) below (whichever applies).

(5)If W ceases to work with S before the commencement of the 11th week before the expected week of confinement, the 14-week period begins with the commencement of the 11th week before the expected week of confinement.

(6)If W ceases to work with S on a day that falls within the period beginning with the commencement of the 11th week before the expected week of confinement and ending with the end of the fifth week before the expected week of confinement, the 14-week period begins immediately after that day.

(7)If on a day that falls within the period beginning with the commencement of the fourth week before the expected week of confinement and ending with the date of confinement—

(a)W ceases to work with S, or

(b)she refrains from working with S wholly or partly because of her pregnancy or confinement,

the 14-week period begins immediately after the day on which she ceases or refrains.

(8)If none of subsections (5) to (7) above applies, the 14-week period begins immediately after the date of confinement.

(9)In relation to maternity allowance under this section, a reference in a provision contained in or made under any enactment to the maternity allowance period shall be read as a reference to the 14-week period.

(10)Subsections (4) to (7) of section 35 above have effect for the purposes of this section as they have effect for the purposes of that section (reading references to the maternity allowance period as references to the 14-week period).

(11)Regulations under section 35 above may make provision for the purposes of this section corresponding or similar to the provision that may be made by virtue of subsection (3)(a), (b) or (c) of that section.]

Textual Amendments

F333Words in s. 35B(1)(c) substituted (with effect for the tax year 2015-16 and subsequent tax years) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 7, 35

[F334Bereavement benefits: deaths before the day on which section 30 of the Pensions Act 2014 comes into force]E+W+S

Textual Amendments

F33536 Bereavement payment.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33636A Cases in which sections 37 to 41 apply.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

37 Widowed mother’s allowance [F337: deaths before 9 April 2001].E+W+S

[F338(A1)This section applies only in cases where a woman's husband has died before 9 April 2001.]

(1)A woman who has been widowed shall be entitled to a widowed mother’s allowance at the rate determined in accordance with section 39 below if her late husband satisfied the contribution conditions for a widowed mother’s allowance specified in Schedule 3, Part I, paragraph 5 and either—

(a)the woman is entitled to child benefit in respect of a child [F339or qualifying young person] falling within subsection (2) below; or

(b)the woman is pregnant by her late husband; or

(c)if the woman and her late husband were residing together immediately before the time of his death, the woman is pregnant as the result of being artificially inseminated before that time with the semen of some person other than her husband, or as the result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs.

(2)A child [F340or qualifying young person] falls within this subsection if F341... the child [F342or qualifying young person] is either—

(a)a son or daughter of the woman and her late husband; or

(b)a child [F343or qualifying young person] in respect of whom her late husband was immediately before his death entitled to child benefit; or

(c)if the woman and her late husband were residing together immediately before his death, a child [F343or qualifying young person] in respect of whom she was then entitled to child benefit.

(3)The widow shall not be entitled to the allowance for any period after she remarries [F344or forms a civil partnership], but, subject to that, she shall continue to be entitled to it for any period throughout which she satisfies the requirements of subsection (1)(a), (b) or (c) above.

(4)A widowed mother’s allowance shall not be payable—

(a)for any period falling before the day on which the widow’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(k) of the Administration Act; F345... [F346or]

[F347(b)for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple.]

Textual Amendments

F339Words in s. 37(1)(a) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 2(2)

F340Words in s. 37(2) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 2(3)(a)

F342Words in s. 37(2) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 2(3)(b)

F343Words in s. 37(2) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 2(3)(c)

Modifications etc. (not altering text)

38 Widow’s pension [F348: deaths before 9 April 2001].E+W+S

[F349(A1)This section applies only in cases where a woman's husband has died before 9 April 2001.]

(1)A woman who has been widowed shall be entitled to a widow’s pension at the rate determined in accordance with section 39 below if her late husband satisfied the contribution conditions for a widow’s pension specified in Schedule 3, Part I, paragraph 5 and either—

(a)she was, at the husband’s death, over the age of 45 but under the age of 65; or

(b)she ceased to be entitled to a widowed mother’s allowance at a time when she was over the age of 45 but under the age of 65.

(2)The widow shall not be entitled to the pension for any period after she remarries [F350or forms a civil partnership], but, subject to that, she shall continue to be entitled to it until she attains the age of 65.

(3)A widow’s pension shall not be payable—

(a)for any period falling before the day on which the widow’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(k) of the Administration Act;

(b)for any period for which she is entitled to a widowed mother’s allowance; F351... [F352or]

[F353(c)for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple.]

(4)In the case of a widow whose late husband died before 11th April 1988 and who either—

(a)was over the age of 40 but under the age of 55 at the time of her husband’s death; or

(b)is over the age of 40 but under the age of 55 at the time when she ceases to be entitled to a widowed mother’s allowance,

subsection (1) above shall have effect as if for “45" there were substituted “40”.

Textual Amendments

39 Rate of widowed mother’s allowance and widow’s pension.E+W+S

(1)The weekly rate of—

(a)a widowed mother’s allowance,

(b)a widow’s pension,

shall be determined in accordance with the provisions of [F354sections 44 to [F35545B]] F356... below as they apply in the case of a Category A retirement pension, but subject, in particular, to the following provisions of this section and section [F35746] below.

(2)In the application of [F354sections 44 to [F35545B]] F356... below by virtue of subsection (1) above—

(a)where the woman’s husband was over pensionable age when he died, references in those sections to the pensioner shall be taken as references to the husband, and

(b)where the husband was under pensionable age when he died, references in those sections to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the husband and the tax year in which he died.

[F358(2A)In its application by virtue of subsection (1) above, section 44(4) below is to be read as if for the first amount specified in that provision there were substituted a reference to the amount prescribed for the purposes of this subsection.]

F359(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where a widow’s pension is payable to a woman who was under the age of 55 at the time when the applicable qualifying condition was fulfilled, the weekly rate of the pension shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied by the number of years by which her age at that time was less than 55 (any fraction of a year being counted as a year).

(5)For the purposes of subsection (4) above, the time when the applicable qualifying condition was fulfilled is the time when the woman’s late husband died or, as the case may be, the time when she ceased to be entitled to a widowed mother’s allowance.

(6)In the case of a widow whose late husband died before 11th April 1988 and who either—

(a)was over the age of 40 but under the age of 55 at the time of her husband’s death; or

(b)is over the age of 40 but under the age of 55 at the time when she ceases to be entitled to a widowed mother’s allowance,

subsection (4) above shall have effect as if for “55" there were substituted “ 50 ”, in both places where it occurs.

Textual Amendments

F354Words in s. 39(1)-(3) substituted (with effect in accordance with s. 127(3)-(5) of the amending Act) by Pensions Act 1995 (c. 26), ss. 127(2), 180(2)(a) (with Sch. 4) (and see, as to the continuation of these amendments, Tax Credits Act 2002 (c. 21), s. 61, Sch. 3 para. 27)

F357Figure in s. 39(1) substituted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 3; S.I. 2011/3033, art. 2(c)(ii)

F358S. 39(2A) inserted (with effect in relation to the tax year 2010-2011 and subsequent tax years) by Pensions Act 2007 (c. 22), ss. 6(5), 30(1)(a)(3) (with ss. 5(4)-(6), 6(7)); S.I. 2010/2650

[F36039A Widowed parent’s allowance.E+W+S

[F361(1)This section applies where—

(a)a person's spouse or civil partner has died before the day on which section 30 of the Pensions Act 2014 comes into force (but see subsection (1A)),

(b)the person has not married or formed a civil partnership after the death but before that day, and

(c)the person is under pensionable age on that day.

(1A)This section does not apply in cases where a woman's husband has died before 9 April 2001.]

(2)The surviving spouse [F362or civil partner] shall be entitled to a widowed parent’s allowance at the rate determined in accordance with section 39C below if the deceased spouse [F362or civil partner] satisfied the contribution conditions for a widowed parent’s allowance specified in Schedule 3, Part I, paragraph 5 and—

(a)the surviving spouse [F362or civil partner] is entitled to child benefit in respect of a child [F363or qualifying young person] falling within subsection (3) below; F364...

(b)the surviving spouse is a woman who either—

(i)is pregnant by her late husband, or

(ii)if she and he were residing together immediately before the time of his death, is pregnant in circumstances falling within section 37(1)(c) above [F365or

(c)the surviving civil partner is a woman who—

(i)was residing together with the deceased civil partner immediately before the time of the death, and

(ii)is pregnant as the result of being artificially inseminated before that time with the semen of some person, or as a result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs.]

(3)A child [F366or qualifying young person] falls within this subsection if F367... the child [F368or qualifying young person] is either—

(a)a son or daughter of the surviving spouse [F362or civil partner] and the deceased spouse [F362or civil partner]; or

(b)a child [F369or qualifying young person] in respect of whom the deceased spouse [F362or civil partner] was immediately before his or her death entitled to child benefit; or

(c)if the surviving spouse [F362or civil partner] and the deceased spouse [F362or civil partner] were residing together immediately before his or her death, a child [F369or qualifying young person] in respect of whom the surviving spouse [F362or civil partner] was then entitled to child benefit.

(4)The surviving spouse shall not be entitled to the allowance for any period after she or he remarries [F370or forms a civil partnership], but, subject to that, the surviving spouse shall continue to be entitled to it for any period throughout which she or he—

(a)satisfies the requirements of subsection (2)(a) or (b) above; and

(b)is under pensionable age.

[F371(4A)The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it for any period throughout which she or he—

(a)satisfies the requirements of subsection (2)(a) or (b) above; and

(b)is under pensionable age.]

(5)A widowed parent’s allowance shall not be payable—

(a)for any period falling before the day on which the surviving spouse’s [F372or civil partner's] entitlement is to be regarded