[F1PART  1AE+W+SExemption [F2and Exceptions]]

Textual Amendments

[F3Winding-up lump sumE+W+S

5E.—(1) This regulation applies to a worker where—

(a)that worker has received a winding-up lump sum as defined in paragraph 10 of Schedule 29 to the Finance Act 2004 (winding-up lump sums) (“paragraph 10”);

(b)at the time the winding-up lump sum was paid, the worker was employed by the person mentioned in sub-paragraph (1)(c) of paragraph 10; and

[F4(c)during the period of 12 months beginning with the date on which the winding-up lump sum was paid—

(i)the worker has ceased to be employed and been re-employed by that person; and

(ii)after re-employment, either section 3(1) (automatic enrolment) or 5(1A) or (1B) (automatic re-enrolment) of the Act applies to the worker.]

(2) In relation to the worker to whom this regulation applies—

(a)during the period of 12 months beginning with the date on which the winding-up lump sum was paid—

(i)sections 3(2) and 5(2) of the Act are to be read as if for “must” there were substituted “may”; and

(ii)sections 7 and 9 of the Act do not apply; and

(b)after the expiry of that period, section 3(2) of the Act does not apply.]

Textual Amendments