22.—(1) For the purposes of section 3 of the Act (earnings)(1), the amounts specified in paragraphs (2) to (4) shall be treated as remuneration derived from an employed earner’s employment.
(2) The amount specified in this paragraph is the amount of any payment by a company to or for the benefit of any of its directors if—
(a)apart from this regulation the payment would, when made, not be earnings for the purposes of the Act; and
(b)the payment is made on account of or by way of an advance on a sum which would be earnings for those purposes.
(3) The amount specified in this paragraph is any amount in respect of which an employed earner is chargeable to income tax under Schedule E under any provision of sections 140A to 140H of the Taxes Act (conditional acquisition of shares and convertible shares) in respect of the acquisition, on or after 9th April 1998, of shares or an interest in shares.
(4) The amount specified in this paragraph is any amount in respect of which—
(a)an employed earner is chargeable to income tax under Schedule E under any provision of Part X of Schedule 8 to the Finance Act 2000 (employee share ownership plans—income tax)(2); and
(b)income tax is deductible under regulations made under section 203 of the Taxes Act (PAYE Regulations).
Section 3 was amended by sections 48 and 49 of the Social Security Act 1998 (c. 14) and paragraph 3 of Schedule 3 to the Transfer Act.