5(1)Regulations may make provision for requiring persons to furnish the [F1Inland Revenue] F2 ... with such information as the [F1Inland Revenue] F2 ... may require for the purposes of [F3sections 33, 46 to 59 and 155(1) to (3) and (6)] .N.I.
(2)Regulations may provide that for the purposes of sections 46, 51 to 56 and 59 F4. . . (except as they so apply) the prescribed person shall be treated as the employer—
(a)of any employed earners who, in any period of service in contracted-out employment—
(i)have been paid earnings in any income tax week by more than one person in respect of different employments; or
(ii)have worked under the general control or management of a person other than their immediate employer, or
(b)of any other employed earners in the case of whom it appears to the Department that such provision is needed.
(3)Regulations may F5. . . provide—
(a)for dispensing with the payment of a premium where its amount would be inconsiderable;
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)for treating part of a premium payable in prescribed circumstances in respect of a person as having been paid and for modifying the provisions mentioned in paragraph 4(1) in relation to a case in which such a part is so treated;
(d)for treating a premium wrongly paid or an overpayment in respect of a premium as paid (wholly or in part) in discharge of a liability for another premium or for contributions under Part I of the M1Social Security Contributions and Benefits (Northern Ireland) Act 1992;
(e)for the return of premiums paid in error or, in prescribed circumstances, of premiums which the [F7Inland Revenue are] satisfied ought to be repaid;
(f)for the [F7Inland Revenue], in prescribed circumstances where a premium has been paid in respect of a person, to direct the payment out of the National Insurance Fund to that person or his estate of an amount equal to a prescribed part of the premium;
(g)for any other matters incidental to the payment, collection or return of premiums.
[F8 and in this sub-paragraph and the following provisions of this paragraph “premium” means a contributions equivalent premium,]
[F9(3A)Sub-paragraph (3B) applies in relation to a member of [F10a scheme which was a contracted-out occupational pension scheme and which was being wound up before the second abolition date] if, in the opinion of the [F11Inland Revenue]—
(a)the resources of the scheme are insufficient to meet the whole of the liability for the cash equivalent of the member’s rights under the scheme, and
(b)if the resources of the scheme are sufficient to meet a part of that liability, that part is less than the amount required for restoring his State scheme rights.
(3B)Where this sub-paragraph applies—
(a)regulations may provide for treating the member as if sections 42 to 44 or, as the case may be, section 44A(1) did not apply, or applied only to such extent as is determined in accordance with the regulations, and
(b)the amount required for restoring the member’s State scheme rights, or a prescribed part of that amount, shall be a debt due from the trustees or managers of the scheme to the [F11Inland Revenue].
(3C)Regulations may make provision—
(a)for determining the cash equivalent of a member’s rights under a scheme and the extent (if any) to which the resources of the scheme are insufficient to meet the liability for that cash equivalent,
(b)for the recovery of any debt due under sub-paragraph (3B)(b), and
(c)for determining the amount required for restoring a member’s State scheme rights including provision requiring the [F11Inland Revenue] to apply whichever prescribed actuarial table in force at the appropriate time is applicable.
(3D)Section 151 shall apply as if sub-paragraphs (3A) and (3B), and regulations made by virtue of those sub-paragraphs, were included among the provisions there referred to.
(3E)In sub-paragraphs (3A) and (3B), “State scheme rights”, in relation to a member of a scheme, are the rights for which, if the scheme had not been a contracted-out scheme, the member would have been eligible by virtue of section 44(6) of Social Security Contributions and Benefits (Northern Ireland) Act 1992 (earnings factors for additional pension.]
(4)The [F1Inland Revenue] may accept payments in connection with a case in which a premium or part of it is treated as having been paid.
[F12(4A)In this paragraph “regulations” means regulations made by the Department or, as the case may be, the Secretary of State and “prescribed” shall be construed accordingly.]
F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Sch. 1 para. 5(1)(4) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 77(5)(a)(c); S.R. 1999/149, art. 2(c), Sch. 2
F2Words in Sch. 1 para. 5(1) repealed (6.4.1996 for specified purposes, 6.4.1997 in so far as not already in force) by S.I. 1995/3213 (N.I. 22), arts. 147, 168, Sch. 3 para. 70(c)(i), Sch. 5 Pt. III; S.R. 1996/91, art. 2(d), Sch. Pt. IV; S.R. 1997/192, art. 2(b)
F3Words in Sch. 1 para. 5(1) substituted (6.4.2015) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 21(1), Sch. 4 para. 58(3) (as amended (immediately before 6.4.2012) by S.R. 2012/124, arts. 1(a), 7(3)(c)); S.R. 2012/115, art. 2(2)(a)(v)
F4Words in Sch. 1 para. 5(2) repealed (6.4.1996 for certain purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), arts. 147, 168, Sch. 3 para. 70(d), Sch. 5 Pt. III; S.R. 1996/91, art. 2(d), Sch. Pt. IV; S.R. 1997/192, art. 2(b)
F5Words in Sch. 1 para. 5(3) repealed (6.4.1996 for certain purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), arts. 138(2)(a)(i), 168, Sch. 5 Pt. III; S.R. 1996/91, art. 2(d), Sch. Pt. IV; S.R. 1997/192, art. 2(b)
F6Sch. 1 para. 5(3)(b) repealed (6.4.1996 for certain purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), arts. 138(2)(a)(ii), 168, Sch. 5 Pt. III; S.R. 1996/91, art. 2(d), Sch. Pt. IV; S.R. 1997/192, art. 2(b)
F7Words in Sch. 1 para. 5(3)(e)(f) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 77(5)(b)(i)(ii); S.R. 1999/149, art. 2(c), Sch. 2
F8Words in Sch. 1 para. 5(3) added (6.4.1996 for certain purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), arts. 1(2), 138(2)(a)(iii); S.R. 1996/91, art. 2(d), Sch. Pt. IV; S.R. 1997/192, art. 2(b)
F9Sch. 1 para. 5(3A)-(3E) inserted (6.4.1996 for certain purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 138(2)(b); S.R. 1996/91, art. 2(d), Sch. Pt. IV; S.R. 1997/192, art. 2(b)
F10Words in Sch. 1 para. 5(3A) substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 45(3)
F11Words in Sch. 1 para. 5(3A)(3B)(b)(3C)(c) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 77(5)(c); S.R. 1999/149, art. 2(c), Sch. 2
F12Sch. 1 para. 5(4A) added (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 77(5)(d); S.R. 1999/149, art. 2(c), Sch. 2
F13Sch. 1 para. 5(5) repealed (6.4.1996 for certain purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), arts. 138(2)(c), 168, Sch. 5 Pt. III; S.R. 1996/91, art. 2(d), Sch. Pt. III; S.R. 1997/192, art. 2(b)
Marginal Citations