Social Security Administration (Northern Ireland) Act 1992

142 Destination of contributions. N.I.

(1) Contributions received by the [F1 Inland Revenue]. . . shall be paid by [F1 them] into the National Insurance Fund after deducting from contributions of any class, the appropriate health service allocation in the case of contributions of that class.

(2) [F2 Subsection (1) above is subject to section 16(5)] of the Great Britain Contributions and Benefits Act F3 . . ..

[F4 (2A) References in subsections (1) and (2) above to contributions include references to payments on account of contributions made in accordance with regulations under section 3(5) of the Contributions and Benefits Act (payments on account of directors’ contributions).]

(3) The additions paid under section 1(5) of the Contributions and Benefits Act shall be paid, in accordance with any directions given by the [F5 Treasury], into the National Insurance Fund.

[F6 (4) There shall be paid into the National Insurance Fund—

(a) so much of any interest recovered by the Inland Revenue by virtue of paragraph 6 of Schedule 1 to the Contributions and Benefits Act or paragraph 6 of Schedule 2 to that Act as remains after the deduction by them of any administrative costs attributable to its recovery,

(b) the amounts apportioned to [F7 contributions] under sub-paragraph (6) of paragraph 7 of Schedule 1 to the Contributions and Benefits Act in respect of the penalties mentioned in that sub-paragraph, and

(c) so much of any penalty otherwise imposed by virtue of that paragraph and recovered by the Inland Revenue as remains after the deduction by them of any administrative costs attributable to its recovery.]

[F8 (4ZA) There shall be paid into the National Insurance Fund so much of any penalty imposed under section 98 of the Taxes Management Act 1970 in a case relating to section 104ZA of this Act (including any penalty imposed by virtue of section 105(4) of this Act) as remains after deduction by the Inland Revenue of the administrative expenses attributable to its recovery.

(4ZB) Subsections (4)(b) and (c) and (4ZA) above shall have effect notwithstanding any provision which treats a penalty under section 98 or 98A of the Taxes Management Act 1970 as if it were tax charged in an assessment and due and payable.]

[F9 (4A) The sums recovered by the [F10 Inland Revenue] under regulations made under paragraph 7A [F11 or 7B] of Schedule 1 to the Contributions and Benefits Act in respect of interest or penalties shall be paid into the National Insurance Fund.]

(5) In subsection (1) above “the appropriate health service allocation” means—

(a) in the case of primary Class 1 contributions, 1.05 per cent. of the amount estimated to be that of [F12 so much of the earnings in respect of which those contributions were paid as exceeded the lower earnings limit but did not exceed the upper earnings limit];

(b) in the case of secondary Class 1 contributions, 0.9 per cent. of the amount estimated to be that of the earnings in respect of which [F13 primary Class 1 contributions] were paid;

(c) in the case of Class 1A contributions, 0.9 per cent. of the amount estimated to be the aggregate of the cash equivalents of the benefits of the cars and car fuel used in calculating those contributions;

[F14 (ca) in the case of Class 1B contributions, 0.9 per cent. of the amount estimated to be the aggregate of the emoluments and the amounts of income tax in respect of which those contributions were paid;]

(d) in the case of Class 2 contributions, 15.5 per cent. of the amount estimated to be the total of those contributions;

(e) in the case of Class 3 contributions, 15.5 per cent. of the amount estimated to be the total of those contributions; and

(f) in the case of Class 4 contributions, 1.15 per cent. of the amount estimated to be that of the earnings in respect of which those contributions were paid.

(6) In subsection (5) above “estimated” means estimated by the [F15 Inland Revenue] in any manner which the [F15 Inland Revenue consider] to be appropriate and which the [F15 Treasury] has approved.

[F16 (6A) In the case of earners paid other than weekly, the reference in subsection (5)(a) above to the lower or upper earnings limit shall be taken as a reference to the equivalent of that limit prescribed under section 8(3) of the Contributions and Benefits Act.]

[F17 (7) Whenever the Treasury makes an order under section 162(7) of the Great Britain Administration Act (destination of contributions — national health service allocation), the order may also make corresponding provision for Northern Ireland.]

(8) No order under subsection (7) above shall substitute a figure which represents an increase or decrease in the appropriate health service allocation of more than—

(a) 0.1 per cent. of the relevant earnings, in the case of paragraph (a) or (b);

(b) 0.1 per cent. of the relevant aggregate, in the case of paragraph (c) [F18 or (ca)];

(c) 4 per cent. of the relevant contributions, in the case of paragraph (d) or (e); or

(d) 0.2 per cent. of the relevant earnings, in the case of paragraph (f).

(9) From the health service allocation in respect of contributions of any class there shall be deducted such amount as the [F19 Inland Revenue] may estimate to be the portion of the total expenses incurred by [F20 them] or any other government department in collecting contributions of that class which is fairly attributable to that allocation, and [F20 the remainder shall be paid by the Inland Revenue to the relevant Northern Ireland Department towards] the cost of the health service in Northern Ireland.

(10) Any amounts deducted in accordance with subsection (9) above shall be paid by the [F21 Inland Revenue] into the Consolidated Fund.

F22 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) The [F20 Inland Revenue] may make regulations modifying this section, in such manner as [F20 they think] appropriate, in relation to the contributions of persons referred to in the following provisions of the Contributions and Benefits Act—

(a) section 116(2) (H.M. Forces);

(b) section 117(1) (mariners, airmen, etc.),

and in relation to any contributions which are reduced under section 6(5) of that Act.

Textual Amendments

F1 Words in s. 142(1) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 45(2) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F2 Words in s. 142(2) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 45(3)(a) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F3 Words in s. 142(2) repealed (1.4.1999) by S.I. 1999/671, arts. 4, 23(4), Sch. 3 para. 45(3)(b), Sch. 9 Pt. I (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F4 S. 142(2A) inserted (9.9.1998) by S.I. 1998/1506 (N.I. 10), art. 78(1), Sch. 6 para. 77(1); S.R. 1998/312, art. 2(a), Sch. Pt. I

F5 Word in s. 142(3) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 45(4) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F6 S. 142(4) substituted (24.3.1999 for certain purposes, otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2), 3(1), Sch. 1 para. 31(2) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F7 Word in s. 142(4)(b) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 45(5)(b) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F8 S. 142(4ZA)(4ZB) inserted (1.4.1999) by S.I. 1999/671, art. 5, Sch. 4 para. 11 (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F9 S. 142(4A) inserted (6.4.1999) by S.I. 1998/1506 (N.I. 10), art. 78(1), Sch. 6 para. 77(2); S.R. 1999/102, art. 2(d), Sch. Pt. III

F10 Words in s. 142(4A) substituted (24.3.1999 for certain purposes, otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2), 3(1), Sch. 1 para. 31(3) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F11 Words in s. 142(4A) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 45(6) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F12 Words in s. 142(5)(a) substituted (retrospective to 1.7.1992) by S.I. 1994/765 (N.I. 4), art. 4(1)(3)

F13 Words in s. 142(5)(b) substituted (6.4.1999) by S.I. 1998/1506 (N.I. 10), art. 78(1), Sch. 6 para. 77(3); S.R. 1999/72, art. 2(b), Sch.

F14 S. 142(5)(ca) inserted (9.9.1998 for certain purposes, otherwise 6.4.1999) by S.I. 1998/1506 (N.I. 10), art. 61(2); S.R. 1998/312, art. 2, Sch. Pt. II

F15 Words in s. 142(6) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 45(7) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F16 S. 142(6A) inserted (retrospective to 1.7.1992) by S.I. 1994/765 (N.I. 4), art 4(2)(3)

F17 S. 142(7) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 45(8) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F18 Words in s. 142(8)(b) inserted (9.9.1998 for certain purposes, otherwise 6.4.1999) by S.I. 1998/1506 (N.I. 10), art. 78(1), Sch. 6 para. 77(4); S.R. 1998/312, art. 2, Sch. Pt. II

F19 Words in s. 142(9) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 45(9) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F20 Words in s. 142(12) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 45(12) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F21 Words in s. 142(10) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 45(10) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F22 S. 142(11) repealed (1.4.1999) by S.I. 1999/671, arts. 4, 24(3), Sch. 3 para. 45(11), Sch. 9 Pt. I (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)