National Health Service Contributions Act 1965



National Health ServiceContributions Act 1965

1965 CHAPTER 54

An Act to consolidate the National Health Service Contributions Acts 1957 and 1961 and certain related enactments.

[5th August 1965]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Contributions to national health service.

1 Contributions to national health service.

(1) Every person who, either as an insured person or as an employer, pays, or is liable to pay, contributions under section 3 of the Insurance Act shall also be liable, in accordance with the following provisions of this section, to pay contributions by virtue of this Act, which shall be known as national health service contributions.

(2) Every person who, in respect of any contribution week, pays, or is liable to pay, a contribution under the said section 3 as a person of a description specified in the first column of the Schedule to this Act, otherwise than in paragraph 4 of that Schedule, shall, in respect of that week, be liable to pay a national health service contribution at the rate specified in relation to that description in the second column of that Schedule.

(3) Subject to the provisions of this Act, every person who, in respect of any contribution week, is liable to pay an employer's contribution under the said section 3 in respect of any person shall, in respect of that week, be liable to pay in respect of that person a national health service contribution at the rate specified in the second column of paragraph 4 of the Schedule to this Act.

(4) National health service contributions shall be paid to the Minister of Pensions and National Insurance, but, as between that Minister and the Minister of Health and the Secretary of State, shall, subject to the following provisions of this Act, be taken to be so paid for the benefit of the Minister of Health, towards the cost of the national health service in England and Wales, and of the Secretary of State, towards the cost of the national health service in Scotland, in such shares as the Treasury may determine.

(5) All sums received by virtue of this Act by the Minister of Health shall be treated as sums received by him under the National Health Service Act 1946 otherwise than as sums required to be transferred to the Hospital Endowments Fund; and all sums received by virtue of this Act by the Secretary of State shall be treated as sums received by him under the National Health Service (Scotland) Act 1947 .

S-2 Collection, etc., of national health service contributions.

2 Collection, etc., of national health service contributions.

(1) Subject to the provisions of this section, the provisions of the Insurance Act, including section 15(2)(a ) thereof (which relates to the combination of the payment and collection of contributions contributions with that of income tax), shall have effect (for the purposes of that Act as well as for the purposes of this Act)—

(a ) in relation to a person who is liable as an insured person to pay a national health service contribution for a contribution week, as if that contribution and the contribution paid or payable by him for that week under section 3 of the Insurance Act together constituted one combined contribution payable by him under that Act for that week; and

(b ) in relation to a person who is liable as an employer to pay a national health service contribution in respect of a person for a contribution week, as if that contribution and the contribution payable by him for that week under the said section 3 in respect of that person together constituted one combined contribution payable by him under that Act in respect of that person for that week,

and (in either case) as if the whole of the combined contribution in question were payable into the National Insurance Fund.

(2) Except in so far as may be otherwise provided by any Order in Council or regulations made under the Insurance Act after the date of commencement of this Act, the foregoing subsection shall apply in relation to Orders in Council and regulations made or having effect as if made under that Act, whether made before or after that date, as if they were provisions of that Act.

(3) There shall be excluded from the provisions of the Insurance Act which are to have effect as mentioned in subsection (1) of this section the following, namely—

(a ) section 7 (which relates to Exchequer supplements to contributions);

(b ) section 58 (which relates to payments in lieu of contributions); and

(c ) section 83(1) (which provides that contributions shall be paid into the National Insurance Fund);

and nothing in subsection (1) or (2) of this section shall be construed—

(i) as affecting the rate of any contribution under the said section 3; or

(ii) as excepting any person who pays, or is liable to pay, contributions under the Insurance Act, or as conferring any power to except any such person, from liability to pay national health service contributions; or

(iii) as conferring any power to modify the rates of national health service contributions in relation to any class of persons.

(4) References in any enactment other than the Insurance Act and the enactments relating to income tax to contributions under that Act or to sums due to or payable into the National Insurance Fund shall be construed as including references to national health service contributions.

(5) Notwithstanding anything in the foregoing provisions of this section, where a person has paid in error—

(a ) contributions under the Insurance Act, and

(b ) national health service contributions,

and he or any other person has received any benefit under that Act which, under any provision of that Act or of regulations made thereunder, may be deducted from any repayment of the contributions paid in error under that Act, nothing in that Act or those regulations shall be construed as authorising that benefit to be deducted from any repayment of the national health service contributions paid in error.

(6) This Act binds the Crown, and accordingly section 98 of the Insurance Act (which relates to persons employed by or under the Crown) and section 99 of that Act (which relates to members of Her Majesty's forces), and any Order in Council or regulations made under either of those sections, shall have effect in accordance with the foregoing provisions of this section.

(7) The Treasury may, by...

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