PART 3DEDUCTION AND REPAYMENT OF TAX

CHAPTER 4MISCELLANEOUS

Repayment if no longer employed65

1

This regulation applies if, in a tax year, a person (“P”)—

a

was employed,

b

is no longer employed, and

c

applies for a repayment of tax.

2

P must give the Inland Revenue—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

either certificate A or B, depending on P’s circumstances, and

c

such evidence of P’s unemployment as the Inland Revenue may require.

3

Certificate A is one which certifies that P is unemployed and, to the best of P’s knowledge and belief, P—

a

will not be a claimant during the period starting with the date on which the application is made and ending at the end of the tax year, and

b

will not be employed during that period.

4

Certificate B is one which certifies that P is unemployed and is not a claimant when the application is made.

5

On receiving P’s application, the Inland Revenue must make any repayment of tax which is appropriate, having regard to P’s employee’s code and the following information.

6

If P gives certificate A the information is—

a

the total payments to date and the corresponding total tax to date as at the week or month shown in Parts 2 and 3 of Form P45 (or, if lower, the total net tax deducted shown in it),

b

any other relevant payments received by P in the tax year to date, and

c

any other payments P will receive in the tax year.

7

If P does not give certificate A the information is—

a

the total payments to date and the corresponding total tax to date as at the week or month shown in Parts 2 and 3 of Form P45 (or, if lower, the total net tax deducted shown in it), and

b

any other relevant payments received by P in the tax year to date.

8

For the purposes of this regulation, “claimant” means a person who is—

a

a claimant as defined by regulation 148 (jobseeker’s allowance), or

b

a claimant in receipt of taxable benefit as defined by regulation 173 (incapacity benefit).