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(1)A person qualifies for an employment allowance for a tax year if, in the tax year—
(a)the person is the secondary contributor in relation to payments of earnings to, or for the benefit of, one or more employed earners, and
(b)in consequence, the person incurs liabilities to pay secondary Class 1 contributions,
under SSCBA 1992 or SSCB(NI)A 1992 (or both).
(2)The person's employment allowance for the tax year is—
(a)[F1£3,000], or
(b)if less, an amount equal to the total amount of the liabilities mentioned in subsection (1)(b) which are not excluded liabilities.
(3)Subsection (1) is subject to sections 2 and 3 (and Schedule 1).
(4)Sections 2 and 3 (and Schedule 1) set out cases in which a person cannot qualify for an employment allowance for a tax year.
(5)Section 2 also sets out the cases in which liabilities to pay secondary Class 1 contributions are “excluded liabilities”.
(6)Section 4 provides for a person who qualifies for an employment allowance for a tax year to receive it by way of deductions or a repayment under that section.
(7)In this Act references to “the employment allowance provisions” are to this section, sections 2 to 4 and Schedule 1.
(8)In the employment allowance provisions and section 5 terms used which are also used in Part 1 of SSCBA 1992 or SSCB(NI)A 1992 have the same meaning as they have in that Part.
Textual Amendments
F1Sum in s. 1(2)(a) substituted (6.4.2016) by The Employment Allowance (Increase of Maximum Amount) Regulations 2016 (S.I. 2016/63), regs. 1, 2
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