6 Amendment of the Income Tax (Pay As You Earn) Regulations 2003
In regulation 47 (procedure in Form P46 cases: Statement A applies)—
(a) in paragraph (2), for “exceeds the PAYE threshold” substitute “equals or exceeds the lower earnings limit”;
(b) for paragraph (2)(a) substitute—

“(a) send the Form P46 to Her Majesty’s Revenue and Customs,”

;
(c) after paragraph (2) insert—

“2A To comply with paragraph (2)(a)—
(a) the employer must send the Form P46 to Her Majesty’s Revenue and Customs even if the employee has not provided all of the information required by regulation 46, and
(b) the employer must provide any of the information required by regulation 46(1B) that the employee has not provided.
Paragraph (1B) of regulation 46 was inserted by regulation 3(2) of S.I. 2005/2691.”

; and
(d) after paragraph (3) add—

“4 In this regulation, “lower earnings limit” means the lower earnings limit for Class 1 contributions for the purposes of section 5(1) of the Social Security Contributions and Benefits Act 1992.
1992 c. 4; section 5(1) provides that the lower earnings limit is the amount specified for every tax year by regulations, the most recent of these being S.I. 2007/118.”

.
Regulation 47 was amended by regulation 4 of S.I. 2005/2691.