The Social Security (Miscellaneous Amendments No. 2) Regulations 2015

18.  After regulation 148B (as inserted by regulation 17) insert—

“148C.— (1) This regulation applies in relation to a person (P)—

(a) who is liable under section 11(2) of the Act, or entitled under section 11(6) of the Act, to pay one or more Class 2 contributions in respect of a contribution week in a relevant tax year;

(b) who does not carry on a trade, profession or vocation the profits of which (if any) would be chargeable to income tax under Chapter 2 of Part 2 of the Income Tax (Trading and Other Income) Act 2005 for the relevant tax year; and

(c) in respect of whom regulation 148B applies in relation to the relevant tax year.

(2) Section 11(5) of the Act (Class 2 contributions payable in the same manner as Class 4 contributions) does not apply in relation to the Class 2 contributions (if it would otherwise do so).

(3) Section 12 of the Act (late paid Class 2 contributions) is to apply to the Class 2 contributions that P is liable to pay under section 11(2) of the Act as it applies to contributions paid under section 11(6) of the Act.

(4) If P is liable to pay the Class 2 contributions, P must, no later than 31st January next following the end of the relevant tax year—

(a) pay the Class 2 contributions for which P is liable in respect of any contribution weeks in that tax year; and

(b) make a return in such form as may be approved by HMRC.

(5) If P is entitled to pay a Class 2 contribution under section 11(6) of the Act, P may—

(a) make a return in such form as may be approved by HMRC; and

(b) pay the contribution.

(6) P must keep such records as may be necessary for the purposes of calculating P’s—

(a) relevant profits from the employment for the purposes of section 11(2) of the Act; and

(b) liability or, as the case may be, entitlement to pay a Class 2 contribution,

for the relevant tax year and preserve such records until the sixth anniversary of the 31st January next following the end of the relevant tax year.”.