PART 4Deduction of Repayments by Employers

Amount of repayments39.

(1)

The repayment deducted must be 9% of any earnings paid to, or provided to or for the benefit of, the borrower in respect of the employment which exceed the threshold specified in paragraph (2).

(2)

The threshold is—

(a)

F1the repayment threshold, where the earnings period specified in respect of those earnings is a tax year; or

(b)

in any other case, the amount which bears the same relation to F2the repayment threshold as the number of days, weeks or months of the earnings period specified in respect of those earnings bears to the number of days, weeks or months in the tax year respectively.

(3)

Where a repayment calculated under paragraph (1) includes pence as well as pounds the pence are to be ignored.

(4)

Alternatively, the repayment calculated under paragraph (1) may be calculated in accordance with the appropriate table prepared by the Department.

(5)

Where a table would otherwise be appropriate, but the earnings period is a multiple of the period in the table, then the table may be applied by—

(a)

dividing the actual earnings by such figure (X) as will give the earnings earned for the period shown in the table;

(b)

taking the appropriate repayment specified in the table; and

(c)

multiplying the table repayment sum by figure X,

to produce the appropriate payment sum for the actual earnings period.