52A.—(1) This regulation applies if there has been a payment of contributions in excess of the maximum determined in accordance with regulation 21 (annual maxima for those with more than one employment) in the particular case.
This regulation is subject to regulations 51, 52 and 57.
(2) If this regulation applies, an application may be made to the Board, in writing or in such form and by such means of electronic communications as may be approved for the return of so much of the payment of contributions as exceeds the maximum determined in accordance with regulation 21 in the particular case.
(3) On the making of an application under paragraph (2) the Board shall, subject to the following provisions of this regulation, return so much of the payment of contributions as exceeds the maximum determined in accordance with regulation 21 in the particular case.
(4) Paragraph (3) does not require the return of—
(a)a payment of Class 1 or Class 2 contributions unless the amount to be returned exceeds 1/15 of a contribution at the primary percentage payable on earnings at the upper-earnings limit in respect of main primary Class 1 contributions prescribed in regulation 10 for the last or only year in respect of which the contributions were paid;
(b)a primary Class 1 contribution to which regulation 3 of the Social Security (Additional Pension) (Contributions Paid in Error) Regulations 1996 (purposes for which primary Class 1 contributions paid in error are to be treated as properly paid) applies.
(5) Contributions to which this regulation applies shall be returned in the following order—
(a)primary Class 1 contributions at the reduced rate;
(b)Class 2 contributions;
(c)primary Class 1 contributions at the main primary percentage;
(d)any amount of primary Class 1 contributions reduced in accordance with section 41(1) and (1A) of the Pensions Act in respect of COSRS employment;
(e)any amount of primary Class 1 contributions reduced in accordance with section 42A(1) and (2) of the Pensions Act in respect of COMPS employment.
(6) The amount to be refunded is determined in accordance with the following Rules.
In this paragraph—
“a valid personal pension notice” means a notice given under subsection (1) of section 44 of the Pensions Act (approved personal pension arrangements) which has not been rejected by the Board;
“an APP employment” means an employment in respect of which a valid personal pension notice has been given; and
“UEL” means the upper earnings limit for the year in respect of which the contributions were due to be paid and “PT” means the primary threshold for that year.
Rule 1 applies where none of the employments is contracted-out.
Rule 2 applies where at least one employment is contracted-out and no valid personal pension notice has been given in respect of another employment.
Rule 3 applies where at least one of the employments is contracted-out and a valid personal pension notice has been given in respect of another employment.
The amount to be returned is the excess of the contributions actually paid by the earner over the maximum prescribed by regulation 21 in the particular case.
If the amount of contributions paid in respect of contracted-out employments exceed the amount found by the following formula, the amount to be returned is the excess.
The formula is—
53 × (UEL – PT) × 9.4%.
In any other case to which this Rule applies take the following Steps: the amount to be returned is the excess of the contributions actually paid by the earner over the amount found by Step 5 in the following sequence.
Determine the amount of earnings between PT and UEL in respect of contracted-out employments held in the year.
Multiply the amount found by Step 1 by 9.4%.
Subtract the amount found by Step 1 from that found by the formula—
53 × (UEL – PT).
Multiply the result produced by Step 3 by 11%.
Add together the results of Steps 2 and 4.
If the amount of contributions paid in respect of APP employments exceeds the amount produced by the formula below, the amount to be refunded is the excess.
The formula is—
53 × (UEL – PT) × 11%.
In any other case to which this Rule applies take the following Steps: the amount to be returned is the excess of the contributions actually paid by the earner over the amount found by Step 5 in the following sequence.
Determine the amount of earnings between PT and UEL in respect of APP employments held in the year.
Multiply the amount found by Step 1 by 11%.
Subtract the amount found by Step 1 from that found by the formula—
53 × (UEL – PT) .
Multiply the result produced by Step 3 by 9.4%.
Add together the results of Steps 2 and 4.
(7) From the amount otherwise falling to be returned under Rule 2 or Rule 3 in paragraph (6) there shall be deducted so much of any payment of contributions as is attributable to the application of Steps Five and Seven in regulation 2 1(2).
(8) If—
(a)an application has been made under paragraph (2) for the return of contributions in excess of the amount specified in regulation 21, and
(b)the Board have been given notice under section 44(1) of the Pensions Act and have not rejected it,
the contributions shall be returned in the order specified in paragraph (5) save that the contributions specified in sub-paragraph (c) shall be returned after those in sub-paragraphs (d) and (e).
(9) Contributions paid by a secondary contributor on behalf of any person in excess of the amount specified in regulation 21—
(a)if they are not recovered from that person by the secondary contributor, may be returned to the secondary contributor; and
(b)if they are recovered by the secondary contributor from that person may be returned—
(i)to that person; or
(ii)with that person's consent given in writing or in such form and by such means of electronic communications as may be approved, to the secondary contributor.]
Textual Amendments
F1Regs. 52 52A substituted for reg. 52 (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Contributions, Categorisation of Earners and Intermediaries) (Amendment) Regulations 2004 (S.I. 2004/770), regs. 1(1), 12