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SCHEDULES

SCHEDULE 1E+W+S Supplementary provisions relating to contributions of Classes 1, 1A, [F11B,] 2 [F2, 3 and 3A]

Textual Amendments

F2Words in Sch. 1 heading substituted (12.10.2015) by Pensions Act 2014 (c. 19), s. 56(1), Sch. 15 para. 12; S.I. 2015/1475, art. 3(b)

General regulation - making powersE+W+S

8(1)[F3The appropriate authority may by regulations] provide—E+W+S

(a)for requiring persons to maintain, in such form and manner as may be prescribed, records—

(i)of the earnings paid by them to and in respect of earners, and

(ii)of the contributions paid or payable in respect of earnings so paid,

for the purpose of enabling the incidence of liability for contributions of any class to be determined, and to retain the records for so long as may be prescribed;

[F4(aa)for requiring persons to maintain, in such form and manner as may be prescribed, records of such matters as may be prescribed for purposes connected with the employment allowance provisions (within the meaning of the National Insurance Contributions Act 2014), and to retain the records for so long as may be prescribed;]

(b)for requiring persons to maintain, in such form and manner as may be prescribed, records of such matters as may be prescribed for the purpose of enabling the incidence of liability for Class 1A [F5or Class 1B] contributions to be determined, and to retain the records for so long as may be prescribed;

(c)for treating primary Class 1 contributions, when payable on the primary contributor’s behalf by the secondary contributor, but not paid, as actually paid where the failure to pay is shown not to have been with the consent or connivance of, or attributable to any negligence on the part of, the primary contributor and, in the case of contributions so treated, for treating them also as paid at a prescribed time or in respect of a prescribed period;

[F6(ca)for requiring a secondary contributor to notify a person to whom any of his liabilities are transferred by an election under paragraph 3B above of—

(i)any transferred liability that arises;

(ii)the amount of any transferred liability that arises; and

(iii)the contents of any notice of withdrawal by the Inland Revenue of any approval that relates to that election;]

(d)for treating, for the purpose of any entitlement to benefit, contributions paid at or after any prescribed time as paid at some other time (whether earlier or later) or, in the case of contributions paid after the due date for payment, or at such later date as may be prescribed, as not having been paid;

(e)for enabling contributions to be treated as paid in respect of a tax year earlier or later than that in respect of which they were actually paid;

(f)for treating (for the purposes of Class 2 contributions) a week which falls partly in one, and partly in another, tax year as falling wholly within one or the other of those tax years;

(g)for treating contributions of the wrong class, or at the wrong rate, or of the wrong amount, as paid on account of contributions properly payable (notwithstanding section 14 above, in the case of Class 3 contributions) or as paid (wholly or in part) in discharge of a liability for a [F7contributions equivalent premium];

(h)for the repayment, in prescribed cases, of the whole or a prescribed part of any contributions paid by reference to earnings which have become repayable;

F8(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(ia)for the repayment, in prescribed cases, of the whole or a prescribed part [F10of a Class 1A or] of a Class 1B contribution;]

F11(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)without prejudice to paragraph (g) above, for enabling—

(i)the whole or part of any payment of secondary Class 1 contributions to be treated as a payment of Class 1A contributions [F12or a Class 1B contribution];

(ii)the whole or part of any payment of Class 1A contributions to be treated as a payment of secondary Class 1 contributions [F13, a Class 1B contribution] or Class 2 contributions;

[F14(iia)the whole or part of any payment of a Class 1B contribution to be treated as a payment of secondary Class 1 contributions, Class 1A contributions or Class 2 contributions;]

(iii)the whole or part of any payment of Class 2 contributions to be treated as a payment of secondary Class 1 contributions [F15, Class 1A contributions or a Class 1B contribution];

(m)for the return of the whole or any prescribed part of any contributions paid either in error or in such circumstances that, under any provision of Part I of this Act or of regulations, they fall to be repaid;

(n)for treating a person as being an employed earner, notwithstanding that his employment is outside Great Britain;

(o)for treating a person’s employment as continuing during periods of holiday, unemployment or incapacity for work and in such other circumstances as may be prescribed;

F16(p). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q)for any other matters incidental to the payment, collection or return of contributions.

[F17(1A)In sub-paragraph (1), “the appropriate authority” means the Treasury, except that, in relation to—

(a)provision made by virtue of paragraph (d) of that sub-paragraph, and

(b)provision made by virtue of paragraph (q) of that sub-paragraph in relation to the matters referred to in paragraph (d),

it means the Secretary of State [F18acting with the concurrence of the Inland Revenue].]

F19(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Words in Sch. 1 para. 8(1)(b) inserted (8.9.1998 for specified purposes, 6.4.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 77(14); S.I. 1998/2209, art. 2(b)(c), Sch. Pts. 2, 3

F6Sch. 1 para. 8(1)(ca) inserted (28.7.2000) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 77(4), 86

F7Words in Sch. 1 para. 8(1)(g) substituted (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 14; S.I. 1997/664, art. 2(3), Sch. Pt. 2

F8Sch. 1 para. 8(1)(i) repealed (with effect in relation to the tax year beginning with 6.4.2000 and subsequent tax years) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86, Sch. 9 Pt. VIII(1)

F9Sch. 1 para. 8(1)(ia) inserted (8.9.1998 for specified purposes, 6.4.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 77(15); S.I. 1998/2209, art. 2(b)(c), Sch. Pts. 2, 3

F10Words in Sch. 1 para. 8(1)(ia) inserted (with effect in relation to the tax year beginning with 6.4.2000 and subsequent tax years) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 74(5), 86 (with s. 74(8))

F11Sch. 1 para. 8(1)(j)(k) omitted (with effect for the tax year 2015-16 and subsequent tax years) by virtue of National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 9(4), 35

F12Words in Sch. 1 para. 8(1)(l)(i) inserted (8.9.1998 for specified purposes, 6.4.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 77(16)(a); S.I. 1998/2209, art. 2(b)(c), Sch. Pts. 2, 3

F13Words in Sch. 1 para. 8(1)(l)(ii) inserted (8.9.1998 for specified purposes, 6.4.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 77(16)(b); S.I. 1998/2209, art. 2(b)(c), Sch. Pts. 2, 3

F14Sch. 1 para. 8(1)(l)(iia) inserted (8.9.1998 for specified purposes, 6.4.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 77(16)(c); S.I. 1998/2209, art. 2(b)(c), Sch. Pts. 2, 3

F15Words in Sch. 1 para. 8(1)(l)(iii) substituted (8.9.1998 for specified purposes, 6.4.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 77(16)(d); S.I. 1998/2209, art. 2(b)(c), Sch. Pts. 2, 3

F18Words in Sch. 1 para. 8(1A) inserted (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(4)(d), Sch. 11 para. 3

Modifications etc. (not altering text)

9E+W+S[F20The Treasury may by regulations] provide that—

(a)for the purpose of determining whether a contribution is payable in respect of any person, or

(b)for determining the amount or rate of any contribution,

he is to be treated as having attained at the beginning of a week, or as not having attained until the end of a week, any age which he attains during the course of that week.

Textual Amendments