The Social Security (Contributions) Regulations 2001 No. 1004

PART 5 U.K. EXCEPTION FROM LIABILITY FOR CLASS 2 CONTRIBUTIONS, PROVISIONS ABOUT CLASS 3 CONTRIBUTIONS, AND REALLOCATION AND REFUND OF CONTRIBUTIONS (OTHER THAN CLASS 4)

Return of contributions: further provisions U.K.

53.—(1) Paragraph (2) applies where—

(a) payment is made in respect of a scheme bona fide established for the sole purpose of providing relevant benefits;

(b) earnings-related contributions have been paid by a person or a secondary contributor in respect of any such payment;

(c) that payment is made prior to the approval of that scheme for the purposes of Chapter I of Part XIV of the Taxes Act (retirement benefit schemes); and

(d) the scheme is subsequently approved by the Board.

(2) The earnings-related contributions paid in respect of any payment referred to in paragraph (1)(a) for the period in respect of which the approval referred to in paragraph (1)(d) operates, shall be returned to the person or secondary contributor who paid them if an application to that effect is made in writing to the Board within the period of 6 years from the date from which the Board’s approval of that scheme operates.

(3) For the purposes of this regulation “relevant benefits” has the same meaning as in section 612 of the Taxes Act.