2018 No. 257
The Social Security (Contributions) (Amendment No. 2) Regulations 2018
Made
Laid before Parliament
Coming into force in accordance with regulation 1
These Regulations are made by the Treasury in exercise of the powers conferred by sections 3(2), 3(3) and 4(6) of the Social Security Contributions and Benefits Act 19921 and sections 3(2), 3(3) and 4(6) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922 and now exercisable by them.
The Secretary of State and the Department for Communities3 concur in relation to regulation 2.
Citation and commencement1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 2) Regulations 2018 and, subject to paragraph (2), come into force on 6th April 2018.
2
Regulation 2(3) comes into force on 5th April 2019.
Amendment of the Social Security (Contributions) Regulations 20012
1
The Social Security (Contributions) Regulations 20014 are amended as follows.
2
In regulation 225 (amounts to be treated as earnings)—
a
in paragraph (1) for “(13)” substitute “(14)”, and
b
after paragraph (13) insert—
14
The amount specified in this paragraph is the amount of a termination award which is treated as earnings from the employment of the employed earner by virtue of section 402B of ITEPA 20036.
3
In regulation 22B7 (amounts to be treated as earnings: Part 7A of ITEPA 2003)—
a
in paragraph (2) after “Part 7A of ITEPA 2003.” insert “This paragraph is subject to paragraphs (3) and (3A).”,
b
after paragraph (3) insert—
3A
Paragraph (2) does not apply if—
a
the amount would count as employment income by virtue of Part 7A ITEPA 2003 by reason of a relevant step within paragraph 1 of Schedule 11 (employment income provided through third parties: loans etc outstanding on 5 April 2019) to the Finance (No. 2) Act 20178, and
b
the secondary contributor in relation to that amount would have been a person treated as a secondary contributor by virtue of regulation 5(1)9 of, and any of sub-paragraphs (a) to (f) of paragraph 9 of Column (B) of Schedule 3 (employments in respect of which persons are treated as secondary class 1 contributors) to, the Social Security (Categorisation of Earners) Regulations 197810.
c
in paragraph (4) for “paragraph (3)” substitute “paragraphs (3) and (3A)”.
The Secretary of State concurs as indicated in the preamble.
Signed by authority of the Secretary of State for Work and Pensions
The Department for Communities concurs as indicated in the preamble.
Sealed with the Official Seal of the Department for Communities on
(This note is not part of the Regulations)