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9.—(1) At the end of paragraph (1) of regulation 23 (earnings of employed earners), add—
“(l)the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with regulation 18(22) to (25) of the Social security (Contributions) Regulations (Northern Ireland) 1979(1);
(m)any amount, where a relevant person qualifies for the national minimum wage under section 1 of the National Minimum Wage Act 1998(2), which under section 17 of that Act that person shall be taken to be entitled to be paid under his contract as additional remuneration in respect of any pay reference period falling within 52 weeks immediately preceding the application.”.
(2) At the beginning of paragraph (2)(a), insert “subject to paragraph (3),”.
(3) After paragraph (2), add:—
“(3) Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(l).
(4) In this regulation, “any pay reference period” means the period prescribed by the Secretary of State for Trade and Industry in regulations made under section 1(4) of the National Minimum Wage Act 1998.”.
S.R. 1979 No. 186; paragraphs (22) to (25) were added by regulation 3(d) of S.R. 1999 No. 119
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