2023 No. 309

Social Security

The Social Security (Contributions) (Amendment No. 3) Regulations 2023

Made

Laid before Parliament

Coming into force

The Treasury make the following Regulations in exercise of the powers conferred by sections 1(6) and (7), 12(6), 13(1) and (7) and 175(3) of the Social Security Contributions and Benefits Act 19921 and sections 1(6) and (7), 12(6), 13(1) and (7) and 171(3) and (10) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922 and now exercisable by them.

Citation and commencement1

These Regulations may be cited as the Social Security (Contributions) (Amendment No. 3) Regulations 2023 and come into force on 5th April 2023.

Amendment of the Social Security (Contributions) Regulations 20012

The Social Security (Contributions) Regulations 20013 are amended as follows.

Voluntary Class 2 and Class 3 contributions: tax years 2006-07 to 2015-16: extension of time for payment and computation of amount3

1

In regulations 50C(4) (Class 3 contributions) and 61B(4) (voluntary Class 2 contributions) for “5th April 2023” substitute “31st July 2023”.

2

In regulation 50C, after paragraph (6) insert—

6A

Notwithstanding section 13(6) of the Act, the amount of a Class 3 contribution payable under this regulation, which is paid on or after 6th April 2023, shall be the amount payable in relation to tax year 2022-23.

3

In regulation 61B, after paragraph (6) insert—

6A

Notwithstanding section 12(3) of the Act, the amount of a Class 2 contribution payable under this regulation, which is paid on or after 6th April 2023, shall be the amount payable in relation to tax year 2022-23.

Voluntary Class 2 and Class 3 contributions: tax year 2016-17 extension of time for payment and tax years 2016-17 to 2021-22 computation of amount4

1

After regulation 65B insert—

Voluntary Class 2 and Class 3 contributions: tax year 2016-17 extension of time for payment and tax years 2016-17 to 2021-22 computation of amount65BA

1

A person who is entitled, but not liable, to pay a Class 2 or Class 3 contribution in respect of tax year 2016-17 may pay the contribution on or before 31st July 2023.

2

Notwithstanding sections 12(3) and 13(6) of the Act, the amount of a contribution payable under paragraph (1), which is paid on or after 6th April 2023, shall be the amount payable in relation to tax year 2022-23.

3

Paragraph (4) applies to a Class 2 or Class 3 contribution which—

a

a person is entitled, but not liable, to pay,

b

is paid during the period beginning on 6th April 2023 and ending on 31st July 2023, and

c

when paid during that period, would fall to be computed in accordance with section 12(3) or 13(6) of the Act.

4

Where this paragraph applies, notwithstanding sections 12(3) and 13(6) of the Act—

a

the amount of a Class 3 contribution payable in respect of tax year 2020-21 shall be the amount payable in relation to tax year 2020-21,

b

the amount of a Class 2 contribution payable in respect of tax year 2021-22 shall be the amount payable in relation to tax year 2021-22, and

c

the amount of any other contribution to which this paragraph applies shall be the amount payable in relation to tax year 2022-23.

2

In regulation 48(3)(b) (time limit for payment of Class 3 contributions) for “and 50C” substitute “, 50C and 65BA(1)”.

Scott MannAndrew StephensonTwo of the Lords Commissioners of His Majesty’s Treasury
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Contributions) Regulations 2001 (S.I. 2001/1004).

Regulation 3 extends the deadline for payment of voluntary Class 2 and Class 3 National Insurance contributions (“NICs”) in respect of tax years 2006-07 to 2015-16, from 5th April 2023 to 31st July 2023. It also provides that NICs paid up to that extended deadline will be payable at the amount payable in relation to tax year 2022-23 (which is the same amount which would have applied if they had been paid during tax year 2022-23 before the deadline was extended).

Regulation 4 provides that the deadline for payment of voluntary Class 2 and Class 3 NICs in respect of tax year 2016-17 is also extended from 5th April 2023 to 31st July 2023 and that the amount payable until that date is the amount payable in relation to tax year 2022-23. It also provides that any voluntary Class 2 and Class 3 NICs for tax years from 2017-18 to 2021-22, which would be payable at a higher amount between 6th April 2023 and 31st July 2023 (as a result of the application of section 12(3) or 13(6) of the Social Security Contributions and Benefits Act 1992 (c. 4) or the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)) are payable at the amount which would have applied if they had been paid during tax year 2022-23 before the deadline was extended.

A Tax Information and Impact Note covering this instrument will be published on the website at https://www.gov.uk/government/collections/tax-information-and-impact-notes-tiins.