[F1Part IIIE+W+S Contracted-out employment etc
Textual Amendments
F1Sch. 4A 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), s. 86(1)(b)(2), Sch. 4; S.I. 2000/2950, art. 6; S.I. 2001/153, art. 2(a)
IntroductionE+W+S
3(1)This Part of this Schedule applies if the following condition is satisfied in relation to each tax week in the tax year concerned.E+W+S
(2)The condition is that any earnings paid to or for the benefit of the pensioner in the tax week in respect of employment were in respect of employment qualifying him for a pension provided by a salary related contracted-out scheme or by a money purchase contracted-out scheme or by an appropriate personal pension scheme.
(3)If the condition is satisfied in relation to one or more tax weeks in the tax year concerned, Part II of this Schedule does not apply in relation to the year.
The amountE+W+S
4E+W+SThe amount for the year is amount C where—
(a)amount C is equal to amount A minus amount B, and
(b)amounts A and B are calculated as follows.
Amount AE+W+S
5(1)Amount A is to be calculated as follows.E+W+S
(2)If there is an assumed surplus in the pensioner’s earnings factor for the year—
(a)calculate the part of the surplus for that year falling into each of the bands specified in the appropriate table below;
(b)multiply the amount of each such part in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year;
(c)multiply each amount found under paragraph (b) above by the percentage specified in the appropriate table in relation to the appropriate band;
(d)add together the amounts calculated under paragraph (c) above.
(3)The appropriate table for persons attaining pensionable age after the end of the first appointed year but before 6th April 2009 is as follows—
Table 3
| Amount of surplus | Percentage | |
|---|---|---|
| Band 1. | Not exceeding LET | 40 + 2N |
| Band 2. | Exceeding LET but not exceeding 3LET - 2QEF | 10 + N/2 |
| Band 3. | Exceeding 3LET - 2QEF | 20 + N |
(4)The appropriate table for persons attaining pensionable age on or after 6th April 2009 [F2where the tax year concerned falls before 2010-11] is as follows—
Table 4
| Amount of surplus | Percentage | |
|---|---|---|
| Band 1. | Not exceeding LET | 40 |
| Band 2. | Exceeding LET but not exceeding 3LET - 2QEF | 10 |
| Band 3. | Exceeding 3LET - 2QEF | 20 |
[F3(4A)The appropriate table for persons attaining pensionable age on or after 6th April 2009 where the tax year concerned is 2010-11 or a subsequent tax year is as follows—
Table 4A
| Amount of surplus | Percentage | ||
|---|---|---|---|
| Band 1 | Not exceeding LET | 40 | |
| Band 2 | Exceeding LET F4... | 10] | |
Textual Amendments
F2Words in Sch. 4A para. 5(4) inserted (26.9.2007) by Pensions Act 2007 (c. 22), ss. 10(3)(a), 30(3)
F3Sch. 4A para. 5(4A) inserted (26.9.2007) by Pensions Act 2007 (c. 22), ss. 10(3)(b), 30(3)
F4Words in Sch. 4A para. 5(4A) repealed (21.9.2008) by National Insurance Contributions Act 2008 (c. 16), s. 6(1), Sch. 2
Amount B (first case)E+W+S
6(1)Amount B is to be calculated in accordance with this paragraph if the pensioner’s employment was entirely employment qualifying him for a pension provided by a salary related contracted-out scheme or by a money purchase contracted-out scheme.E+W+S
(2)If there is an assumed surplus in the pensioner’s earnings factor for the year—
(a)multiply the amount of the assumed surplus in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year;
(b)multiply the amount found under paragraph (a) above by the percentage specified in sub-paragraph (3) below.
(3)The percentage is—
(a)20 + N if the person attained pensionable age after the end of the first appointed year but before 6th April 2009;
(b)20 if the person attained pensionable age on or after 6th April 2009.
Amount B (second case)E+W+S
7(1)Amount B is to be calculated in accordance with this paragraph if the pensioner’s employment was entirely employment qualifying him for a pension provided by an appropriate personal pension scheme.E+W+S
(2)If there is an assumed surplus in the pensioner’s earnings factor for the year—
(a)calculate the part of the surplus for that year falling into each of the bands specified in the appropriate table below;
(b)multiply the amount of each such part in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year;
(c)multiply each amount found under paragraph (b) above by the percentage specified in the appropriate table in relation to the appropriate band;
(d)add together the amounts calculated under paragraph (c) above.
(3)The appropriate table for persons attaining pensionable age after the end of the first appointed year but before 6th April 2009 is as follows—
Table 5
| Amount of surplus | Percentage | |
|---|---|---|
| Band 1. | Not exceeding LET | 40 + 2N |
| Band 2. | Exceeding LET but not exceeding 3LET - 2QEF | 10 + N/2 |
| Band 3. | Exceeding 3LET - 2QEF | 20 + N |
(4)The appropriate table for persons attaining pensionable age on or after 6th April 2009 [F5where the tax year concerned falls before 2010-11] is as follows—
Table 6
| Amount of surplus | Percentage | |
|---|---|---|
| Band 1. | Not exceeding LET | 40 |
| Band 2. | Exceeding LET but not exceeding 3LET - 2QEF | 10 |
| Band 3. | Exceeding 3LET - 2QEF | 20 |
[F6(4A)The appropriate table for persons attaining pensionable age on or after 6th April 2009 where the tax year concerned is 2010-11 or a subsequent tax year is as follows—
Table 6A
| Amount of surplus | Percentage | ||
|---|---|---|---|
| Band 1 | Not exceeding LET | 40 | |
| Band 2 | Exceeding LET F7... | 10] | |
Textual Amendments
F5Words in Sch. 4A para. 7(4) inserted (26.9.2007) by Pensions Act 2007 (c. 22), ss. 10(4)(a), 30(3)
F6Sch. 4A para. 7(4A) inserted (26.9.2007) by Pensions Act 2007 (c. 22), ss. 10(4)(b), 30(3)
F7Words in Sch. 4A para. 7(4A) repealed (21.9.2008) by National Insurance Contributions Act 2008 (c. 16), s. 6(1), Sch. 2
InterpretationE+W+S
8(1)In this Part of this Schedule “salary related contracted-out scheme”, “money purchase contracted-out scheme” and “appropriate personal pension scheme” have the same meanings as in the Pension Schemes Act 1993.E+W+S
(2)For the purposes of this Part of this Schedule the assumed surplus in the pensioner’s earnings factor for the year is the surplus there would be in that factor for the year if section 48A(1) of the Pension Schemes Act 1993 (no primary Class 1 contributions deemed to be paid) did not apply in relation to any tax week falling in the year.
(3)Section 44A above shall be ignored in applying section 44(6) above for the purpose of calculating amount B.
(4)For the purposes of this Part of this Schedule—
(a)the value of N is 0.5 for each tax year by which the tax year in which the pensioner attained pensionable age precedes 2009-10;
(b)“LET” means the low earnings threshold for that year as specified in section 44A above;
(c)“QEF” is the qualifying earnings factor for the tax year concerned.
F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In the calculation of “2QEF” the amount produced by doubling QEF shall be rounded to the nearest whole £100 (taking any amount of £50 as nearest to the previous whole £100).
(6)In this Part of this Schedule “final relevant year” has the same meaning as in section 44 above.]
Textual Amendments
F8Sch. 4A para. 8(4)(d) repealed (21.9.2008) by National Insurance Contributions Act 2008 (c. 16), s. 6(1), Sch. 2