2003 No. 964
The Social Security (Contributions) (Amendment No. 2) Regulations 2003
Made
Coming into force
Whereas a draft of these Regulations has been laid before, and approved by resolution of, each House of Parliament pursuant to section 176(1) of the Social Security Contributions and Benefits Act 19921 and section 172(11A) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922;
Now, therefore, the Treasury, in exercise of the powers conferred upon them by sections 3(2), 19(4) to (5A), 118 and 175(3) of the Social Security Contributions and Benefits Act 19923, with the concurrence of the Secretary of State, and in exercise of the powers conferred upon them by sections 3(2), 19(4) to (5A), 118 and 171(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 19924, with the concurrence of the Department for Social Development, hereby make the following Regulations:
Citation and commencement1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 2) Regulations 2003 and shall come into force on 6th April 2003.
Interpretation2
In these Regulations “the principal Regulations” means the Social Security (Contributions) Regulations 20015.
Amendment of the principal Regulations
3
Amend the principal Regulations as follows.
4
In regulation 120(2)(b)(i) (mariners: relevant changes in the determination of earnings periods and the apportionment of earnings) for “the primary percentage” substitute “the main primary percentage or the additional primary percentage”.
5
In regulation 127—
a
in paragraph (1) for “Social Security Pension Act 1975” substitute “Social Security Pensions Act 19756”; and
b
for paragraph (3) substitute—
3
Where a woman has made an election to which this regulation applies—
a
any primary Class 1 contributions which are—
i
attributable to section 8(1)(a) of the Act7, and
ii
payable in respect of earnings paid to her or for her benefit in the period during which the election has effect under the following provisions of this Case,
shall be payable at the reduced rate; and
b
she shall be under no liability to pay any Class 2 contribution for any contribution week in that period.
6
For regulation 131 (reduced rate of primary Class 1 contributions payable in respect of married women and widows) substitute—
Reduced rate of primary Class 1 contributions otherwise payable at the main primary percentage131
On and after 6th April 2003, the reduced rate of contribution for the purposes of section 19(4) of the Act (power to regulate liability in respect of certain married women and widows) in respect of so much of a married woman’s liability for primary Class 1 contributions as is attributable to section 8(1)(a) of the Act shall be 4.85 per cent.
7
In regulation 133(10) (duty to notify secondary contributor of cessation of election by married woman or widow) for “to pay primary Class 1 contributions at the reduced rate” substitute “to pay at the reduced rate in respect of so much of her liability for primary Class 1 contributions as is attributable to section 8(1)(a) of the Act”.
8
1
Amend regulation 134 (special transitional provisions consequent upon passing of the Social Security Pensions Act 1975) as follows.
2
In paragraph (1)(a)—
a
for “any liability for a primary Class 1 contribution” substitute “so much of her liability for primary Class 1 contributions as is attributable to section 8(1)(a) of the Act”; and
b
for “that contribution” substitute “those contributions”.
3
In paragraph (5)(a)(i) for “any liability for a primary Class 1 contribution” substitute “so much of her liability for primary Class 1 contributions as is attributable to section 8(1)(a) of the Act”.
9
1
In the provisions listed in paragraph (2) for “primary percentage” substitute “main primary percentage”.
2
The provisions referred to in paragraph (1) are—
a
regulation 128(1)(e), (f)(iv) and (v) (duration of effect of elections by married women and widows to pay reduced rate contributions); and
b
regulation 136(3)(a)(i) and (ii) (special transitional provision in respect of deemed elections made by married women under the Social Security (Contributions) Regulations 19758).
10
In regulation 139 for “The Act” substitute “Part 1, Part 2 (except section 609), and Parts 3 and 4 of the Act”.
11
In regulation 156(2) (provisions of the principal Regulations which do not apply to Northern Ireland) omit “or Case D”.
The Secretary of State hereby concurs
The Department for Social Development hereby concurs.
Sealed with the Official Seal of the Department for Social Development on 27th March 2003.
(This note is not part of the Regulations)