36U.K.After section 266 insert—
(1)This section applies if—
(a)pursuant to a non-approved retirement benefits scheme, the employer in any year of assessment pays a sum with a view to the provision of any relevant benefits for or in respect of any employee of that employer, and
(b)the payment is made under such an insurance or contract as is mentioned in section 266.
This section applies whether or not the accrual of the relevant benefits is dependent on any contingency.
(2)Relief, if not otherwise allowable, shall be given to that employee under section 266 in respect of the payment to the extent, if any, to which such relief would have been allowable to him if—
(a)the payment had been made by him, and
(b)the insurance or contract under which the payment is made had been made with him.
(3)For the purposes of subsection (1)(a)—
(a)a retirement benefits scheme is “non-approved” unless it is—
(i)an approved scheme,
(ii)a relevant statutory scheme, or
(iii)a scheme set up by a government outside the United Kingdom for the benefit of its employees or primarily for their benefit, and
(b)benefits are provided in respect of an employee if they are provided for the employee’s spouse, widow or widower, children, dependants or personal representatives.
(4)Sections 611, 611A and 612 apply for the purposes of this section as they apply for the purposes of Chapter 1 of Part 14.
(5)Section 388 of ITEPA 2003 (apportionment of payments in respect of more than one employee) applies in relation to a sum within subsection (1) as it applies in relation to a sum within section 386 of that Act (charge on payments to non-approved retirement benefits schemes).
(6)This section does not apply in any case where either of the following provisions of ITEPA 2003 provides for section 386 of that Act not to apply—
(a)section 389 (employments where earnings charged on remittance basis), and
(b)section 390 (non-domiciled employees with foreign employers).”