F124(1)In a case where, by reason of the employee’s employment and in connection with a particular change of residence—
(a)any sums are paid as mentioned in paragraph 1(1)(a) or (b) above, or
(b)any qualifying removal benefit is provided as mentioned in paragraph 1(1)(c) above,
paragraph 1(1) above shall apply only to the extent that the total value to the employee, found under sub-paragraph (2) below, does not exceed the qualifying limit.
(2)The total value to the employee is the total of the following—
(a)the aggregate of the amounts of any sums paid as mentioned in paragraph 1(1)(a) or (b) above in connection with the change of residence;
(b)the aggregate of any amounts represented by qualifying removal benefits which are provided as mentioned in paragraph 1(1)(c) above in connection with the change.
(3)Subject to sub-paragraphs (4) to (8) below, for the purposes of sub-paragraph (2)(b) above the amount represented by a benefit is the amount which would be the cash equivalent of the benefit under Chapter II of this Part of this Act if the benefit were chargeable under the appropriate provision of that Chapter.
(4)In the case of a benefit which—
(a)consists of living accommodation provided for a person, and
(b)is, or would be apart from this Schedule, chargeable under section 145 and not under section 146,
for the purposes of sub-paragraph (2)(b) above the amount represented by the benefit is the amount which, if the benefit were so chargeable, would be the value to the employee of the accommodation for the period in which the accommodation is provided, less the appropriate sum.
(5)For the purposes of sub-paragraph (4) above the value to the employee of accommodation in any period shall be determined in accordance with section 145, and the reference in that sub-paragraph to the appropriate sum is to the total of—
(a)so much of any sum made good by the employee to those at whose cost the accommodation is provided as is properly attributable to the provision of the accommodation, and
(b)any amounts which, if the benefit were chargeable under section 145, would be deductible by virtue of section 145(3) from the amount to be treated as emoluments under section 145(1) as regards the benefit.
(6)In the case of a benefit which—
(a)consists of living accommodation provided for a person, and
(b)is, or would be apart from this Schedule, chargeable under both section 145 and section 146,
for the purposes of sub-paragraph (2)(b) above the amount represented by the benefit is the total of the amounts mentioned in sub-paragraph (7) below.
(7)The amounts referred to in sub-paragraph (6) above are—
(a)the amount which would be found under sub-paragraph (4) above if the benefit were chargeable under section 145 and not under section 146, and
(b)the amount which, if the benefit were chargeable under section 146, would be the additional value to the employee of the accommodation for the period in which the accommodation is provided, less the appropriate sum.
(8)For the purposes of sub-paragraph (7) above the additional value to the employee of accommodation in any period shall be determined in accordance with section 146, and the reference in that sub-paragraph to the appropriate sum is to the total of—
(a)so much of any rent paid by the employee in respect of the accommodation to the person providing it as exceeds the value to the employee of the accommodation for the period (determined in accordance with section 145), and
(b)any amounts which, if the benefit were chargeable under section 146, would be deductible by virtue of subsection (9) of that section from the amount to be treated as emoluments under that section as regards the benefit.
(9)The qualifying limit, as regards any change of residence, is £8,000.
(10)The Treasury may by order substitute for the sum for the time being specified in sub-paragraph (9) above a sum of a greater amount.
(11)Any such substitution shall have effect as regards any change of an employee’s residence which results from—
(a)the employee becoming employed by an employer on or after the specified day;
(b)an alteration, with effect from a time falling on or after the specified day, of the duties of the employee’s employment;
(c)an alteration, with effect from a time falling on or after the specified day, of the place where the employee is normally to perform the duties of his employment;
and in this sub-paragraph “the specified day” means the day specified in the order for the purposes of this sub-paragraph.
Textual Amendments
F1Sch. 11A inserted (27.7.1993) by 1993 c. 34, s. 76, Sch. 5 para.2