2012 No. 816

Social Security

The Social Security (Categorisation of Earners) (Amendment) Regulations 2012

Made

Laid before Parliament

Coming into force

The Treasury, in exercise of the powers conferred by sections 2(2)(b) and (2A), 7(2) and (3) and 175(4) of the Social Security Contributions and Benefits Act 19921 and sections 2(2)(b) and (2A), 7(2) and (3) and 171(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, make the following Regulations.

The Secretary of State concurs in the making of regulation 4 and the Department for Social Development3 concurs in the making of regulation 8.

Citation and commencement1

These Regulations may be cited as the Social Security (Categorisation of Earners) (Amendment) Regulations 2012 and shall come into force on 6th April 2012.

Amendment of the Social Security (Categorisation of Earners) Regulations 1978

2

The Social Security (Categorisation of Earners) Regulations 19784 are amended as follows.

3

In regulation 1(2) (citation, commencement and interpretation) omit the definition of “educational establishment”.

4

In Part 1 of Schedule 1—

a

in column A omit paragraph 4; and

b

in column B omit paragraph 4.

5

In Schedule 3 (employments in respect of which persons are treated as secondary Class 1 contributors)—

a

in column A omit paragraph 6; and

b

in column B omit paragraph 6.

Amendment of the Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978

6

The Social Security (Categorisation of Earners) Regulations (Northern Ireland) 19785 are amended as follows.

7

In regulation 1(2) (citation, commencement and interpretation) omit the definition of “educational establishment”.

8

In Part 1 of Schedule 1—

a

in column A omit paragraph 4; and

b

in column B omit paragraph 4.

9

In Schedule 3 (employments in respect of which persons are treated as secondary Class 1 contributors)—

a

in column A omit paragraph 5; and

b

in column B omit paragraph 5.

Michael FabricantBrooks NewmarkTwo of the Lords Commissioners of Her Majesty’s Treasury

The Secretary of State concurs.

Signed by the authority of the Secretary of State for Work and Pensions.

Steve WebbMinister of StateDepartment for Work and Pensions

The Department for Social Development concurs.

Sealed with the Official Seal of the Department for Social Development on 5th March 2012

seal_r00001Anne McClearySenior Officer of the Department for Social Development
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Categorisation of Earners) Regulations 1978 (“the principal Regulations”) and the Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978 (“the principal NI Regulations”) which provide, for the purposes of the Social Security Contributions and Benefits Act 1992 and the Social Security Contributions and Benefits (Northern Ireland) Act 1992, for persons in employments of certain descriptions to be treated as falling within a different category of earners, and specify the person who is to be treated as the secondary contributor in respect of payments to certain description of earners. The amendments made by these Regulations mean the principal Regulations and the principal NI Regulations will no longer apply to lecturers, teachers etc employed at educational establishments.

Regulation 3 removes the definition of “educational establishment” from the principal Regulations and Regulation 7 does the same to the principal NI Regulations.

Regulation 4 removes the description of employment of a person as a lecturer, teacher, instructor or in any other similar capacity at an educational establishment (“lecturers in education”) from the list of descriptions of employment to which the principal Regulations apply to in Part 1 of Schedule 1 to the principal Regulations. Regulation 8 does the same to the principal NI Regulations.

Regulation 5 removes from Schedule 3 the provision which specifies the person providing the education as the secondary contributor in respect of payments to lecturers in education. Regulation 9 does the same to the principal NI Regulations.

A Tax Information and Impact Note covering this instrument will be published on the HMRC website athttp://www.hmrc.gov.uk/thelibrary/tiins.htm