Social Security Contributions and Benefits Act 1992

[F1 10A Class 1B contributions U.K.

(1) Where for any tax year a person is accountable to the Inland Revenue in respect of income tax on [F2 general 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 [F3 the 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) [F4 General earnings are chargeable emoluments] for the purposes of subsection (2) above if, apart from section [F5 6(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 [F6 general earnings] before it was entered into,

those [F6 general earnings] shall not be taken to be included in the PAYE settlement agreement.

[F7 (6) In subsection (3) above “the Class 1B percentage” means a percentage rate equal to [F8 the secondary percentage] for the tax year in question.]

(7) [F9 The Treasury may by regulations] provide for persons to be excepted in prescribed circumstances from liability to pay Class 1B contributions.]

Textual Amendments

F1 S. 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

F2 Words 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)

F3 Words 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)

F4 Words 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)

F5 Words in s. 10A(4) substituted (1.9.2004) by National Insurance Contributions and Statutory Payments Act 2004 (c. 3), s. 13, Sch. 1 para. 1(2); S.I. 2004/1943, art. 5(a)(i)

F6 Words 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)

F7 S. 10A(6) substituted (6.4.2000) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 77, 89(3)(a); S.I. 1999/3420, art. 4(a)

F8 Words 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

F9 Words in s. 10A(7) substituted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 3 para. 11; S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)