Pension Schemes Act 1993

14 (1) Where an earner’s earnings paid in any period before the tax year 1987-88— U.K.

(a) exceeded the lower earnings limit; but

(b) were not such that primary Class 1 contributions within Bracket 3 fell to be paid in respect of them,

it shall be assumed for the purposes of sections 58(4) and 61(2) that his earnings paid in that period were such that, taking the rate specified in Bracket 3 as the appropriate rate, the same amount of primary Class 1 contributions fell to be paid in respect of them as in fact fell to be paid in respect of them; and in this paragraph “Bracket 3” has the meaning given in section 9(3) of the M1 Social Security Contributions and Benefits Act 1992.

(2) Section 63(3) applies for the purposes of sub-paragraph (1), in so far as it applies as respects section 58(4), as if the reference in paragraph (b) of section 63(3) to earnings included a reference to earnings relevant for any purpose of that sub-paragraph.

(3) Where the [F1 Inland Revenue have] acted in pursuance of section 63(3) as applied by sub-paragraph (2) and [F2 they subsequently ascertain] the amount of those earnings—

(a) if it appears to [F3 them] that the amount of the contributions equivalent premium would have been less if [F3 they] had not made the calculation on the basis described in sub-paragraph (1), [F3 they] shall refund the difference to the prescribed person, and

(b) if it appears to the [F4 Inland Revenue] that that premium would have been greater if [F4 they] had not done so, the prescribed person shall pay the difference to [F4 them].

Textual Amendments

F1 Words in Sch. 6 para. 14(3) substituted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 63(a); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F2 Words in Sch. 6 para. 14(3) substituted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 63(b); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F3 Words in Sch. 6 para. 14(3)(a) substituted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 63(c); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F4 Words in Sch. 6 para. 14(3)(b) substituted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 63(d); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

Marginal Citations

M1 1992 c. 4.