6.—(1) These Regulations apply where–
(a)an individual (“the worker") personally performs, or is under an obligation personally to perform, services [F1for another person] (“the client"),
(b)the performance of those services by the worker is carried out, not under a contract directly between the client and the worker, but under arrangements involving an intermediary, and
(c)the circumstances are such that, had the arrangements taken the form of a contract between the worker and the client, the worker would be regarded for the purposes of Parts I to V of the Contributions and Benefits Act as employed in employed earner’s employment by the client.
(2) Paragraph (1)(b) has effect irrespective of whether or not–
(a)there exists a contract between the client and the worker, or
(b)the worker is the holder of an office with the client.
(3) Where these Regulations apply–
(a)the worker is treated, for the purposes of Parts I to V of the Contributions and Benefits Act, and in relation to the amount deriving from relevant payments and relevant benefits that is calculated in accordance with regulation 7 (“ the worker’s attributable earnings"), as employed in employed earner’s employment by the intermediary, and
(b)the intermediary, whether or not he fulfils the conditions prescribed under section 1(6)(a) of the Contributions and Benefits Act M1 for secondary contributors, is treated for those purposes as the secondary contributor in respect of the worker’s attributable earnings,
and Parts I to V of that Act have effect accordingly.
(4) Any issue whether the circumstances are such as are mentioned in paragraph (1)(c) is an issue relating to contributions that is prescribed for the purposes of section 8(1)(m) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (decision by officer of the Board).
Textual Amendments
F1Words in reg. 6(1)(a) substituted (1.9.2003) by Social Security Contributions (Intermediaries) (Amendment) Regulations 2003 (S.I. 2003/2079), regs. 1(1), 5 (with reg. 7)
Marginal Citations
M1Section 1(6) was amended by paragraph 56(3) of Schedule 7 to the Social Security Act 1998.