Modifications etc. (not altering text)
C1Pt 13 Ch. 6: ss. 573, 575 and 576 transposed to Pt. 13 Ch. 5A (6.4.2007 with effect in accordance with s. 1034(1) of the affecting Act) by Income Tax Act 2007 (c. 3), Sch. 1 paras. 117(3), 119(7), 120(7) (with Sch. 2)
(1)Subsections (2) to (4) below apply for the purposes of section 589A.
(2)Subject to subsection (3) below, services are qualifying counselling services if—
(a)the purpose, or main purpose, of their provision is to enable the employee to adjust to the termination of his holding of the office or employment mentioned in section 589A(1) or is to enable him to find other gainful employment (including self-employment) or is to enable him to do both,
(b)the services consist wholly of any or all of the following, namely, giving advice and guidance, imparting or improving skills, and providing or making available the use of office equipment or similar facilities,
(c)the employee has been employed by the employer full-time throughout the period of two years ending at the time when the services begin to be provided to him or, if it is earlier, at the time he ceases to be employed by the employer,
(d)the opportunity to receive the services, on similar terms as to payment or reimbursement of any expenses incurred in connection with their provision, is available either generally to holders or past holders of offices or employment under the employer or to a particular class or classes of such holders or past holders, and
(e)the services are provided in the United Kingdom.
(3)Where paragraphs (a) to (d) of subsection (2) above are satisfied in relation to particular services but the services are provided partly in and partly outside the United Kingdom, the extent to which the services are qualifying counselling services shall be determined on a just and reasonable basis.
[F2(4)In relation to services, allowable travelling expenses are—
(a)those in respect of which, on the assumptions in subsection (4A) below, mileage allowance relief would be available if no mileage allowance payments (within the meaning of section 197AD(2)) had been made; or
(b)those which, on those assumptions, would be deductible under section 198.
(4A)The assumptions are—
(a)that receipt of the services is one of the duties of the employee’s office or employment; and
(b)if the employee has in fact ceased to be employed by the employer, that he continues to be employed by him.]
(5)Any reference in this section or section 589A to an employee being employed by an employer is a reference to the employee holding office or employment under the employer.
Textual Amendments
F1Ss. 589A, 589B inserted (27.7.1993) by Finance Act 1993 (c. 34), s. 108
F2S. 589B(4)(4A) substituted for s. 589B(4) (with effect in accordance with s. 57(4) of the amending Act) by Finance Act 2001 (c. 9), Sch. 12 Pt. 2 para. 13