Part 8Former employees: deductions for liabilities

Interpretation

560Meaning of “qualifying insurance contract”

1

In section 558 “qualifying insurance contract” means a contract of insurance which meets conditions A, B, C and D.

2

Condition A is that, so far as the risks insured against are concerned, the contract only relates to one or more of the following—

a

the indemnification of a former employee against a liability related to the former employment,

b

the indemnification of a person against vicarious liability in respect of a liability related to another person’s employment,

c

the payment of costs or expenses incurred—

i

in connection with a claim that a person is subject to a liability to which the insurance relates, or

ii

in connection with any proceedings relating to or arising out of a claim that a person is subject to a liability to which the insurance relates,

d

the indemnification of an employer against loss from a payment made by the employer to a former employee in respect of—

i

a liability related to the former employment, or

ii

any costs or expenses incurred as mentioned in paragraph (c).

3

Condition B is that—

a

the period of insurance under the contract does not exceed 2 years or, if it does, it does so only because of one or more renewals, each for a period of 2 years or less, and

b

the insured is not required to renew the contract for any period.

4

Condition C is—

a

that the insured is not entitled under the contract to receive any payment or other benefit in addition to—

i

cover for the risks insured against, and

ii

any right to renew the contract, or

b

if the insured is so entitled, that the part of the premium reasonably attributable to the entitlement is not a significant part of the whole premium.

5

Condition D is that the contract is not connected with another contract.