Explanatory Note
(This note is not part of the Regulations)
These Regulations, made under sections 54(4) and 57 of the Finance Act 1989 (“the 1989 Act”), specify the cases in which, and the conditions subject to which, tax relief for payments of premiums under contracts of private medical insurance is to be given by deduction from such payments of amounts equal to income tax at the basic rate on them (“relief at source”). They provide the machinery by which the payees of premiums from which amounts have been deducted can recover those amounts from the Board by making claims and may be required by the persons paying such premiums to provide certificates of the premiums paid and amounts deducted from them.The Regulations also provide for the inspection of records kept by insurers under contracts of private medical insurance, for the provision of information by insurers and their managing agents, for the approval and withdrawal of approval of insurers by the Board and for associated rights of appeal, for the conditions for certification by the Board of standard forms of contracts for private medical insurance, and standard variations from those forms, and for the procedure for certification of contracts and standard forms and the exercise of rights of appeal against the Board’s refusal to certify or revocation of certification.
Regulation 1 provides for citation and commencement.
Regulation 2 contains definitions.
Regulation 3 specifies the cases in which, and the conditions subject to which, relief is to be given at source.
Regulation 4 specifies the contents of a notice of entitlement to relief at source given by an individual under regulation 3.
Regulation 5 provides that refunds of payments of premiums on which relief has been given at source are to be of the net amount only and that any amounts recovered from the Board in respect of such payments are to be repaid.
Regulation 6 provides that a person to whom payments of premiums are made from which amounts have been deducted under the scheme for relief at source may make interim claims as well as an annual claim to recover those amounts from the Board.
Regulation 7 provides for interim claims.
Regulation 8 provides for an annual return to be made at the same time as the annual claim and within six months after the end of the tax year to which it relates and provides for the recovery by the Board of excessive repayments.
Regulation 9 provides for a certificate to be given by an insurer at the request of a person who has obtained relief at source on payments of premium made by him in a year and specifies the contents of such a certificate.
Regulation 10 provides for the inspection by the Board of records kept by insurers and regulation 11 specifies the information to be provided to the Board by insurers and their managing agents.
Regulation 12 specifies the circumstances in which the Board may approve a person as a qualifying insurer under section 55 of the 1989 Act and regulation 13 specifies the circumstances in which such approval may be withdrawn.
Regulation 14 provides for a right of appeal against the Board’s refusal to certify a person as a qualifying insurer and against withdrawal of that approval.
Regulation 15 provides for the certification by the Board of standard forms of contract of private medical insurance and of standard variations from approved standard forms and for a right of appeal against the Board’s refusal to certify a standard form or variation.
Regulation 16 specifies the form and manner of certification of contracts, standard forms and standard variations and regulation 17 makes provision with respect to the rights to appeal against the Board’s decision to refuse to certify a contract, or a standard form or variation, or to revoke the certification of a contract.