Social Security (Contributions) Amendment Regulations 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 1984/77 |
1984 No. 77
SOCIAL SECURITY
The Social Security (Contributions) Amendment Regulations 198426thJanuary 1984
1stFebruary 1984
Regulations 1 to 8, 9(b), 10 to 12, 13(b) and (c) and 14 to 18Regulations 1 to 8, 9(b), 10 to 12, 13(b) and (c) and 14 to 186thApril 1984Regulations 9(a) and 13(a)Regulations 9(a) and 13(a)6thApril 1985
The Secretary of State for Social Services with the concurrence of the Inland Revenue in so far as their concurrence is required, in exercise of powers conferred upon him by sections 3(2) and (3), 8(1), 10(2) and 168(1) of, paragraphs 1(1) and (3), 2, 5(1)(b), 6(1)(c), (d), (h) and (m) of Schedule 1 and Schedule 20 to, the Social Security Act 1975(a), section 5(2) of the Social Security Pensions Act 1975(b) and section 1(3) of the Social Security (Miscellaneous Provisions) Act 1977(c) and of all other powers enabling him in that behalf, after agreement with the Social Security Advisory Committee that proposals to make these regulations should not be referred to it (d), hereby makes the following regulations:—
Citation and commencement
1. These regulations, which may be cited as the Social Security (Contributions) Amendment Regulations 1984, amend the Social Security (Contributions) Regulations 1979(e) (hereinafter referred to as "the principal regulations") and shall come into operation—
(a) in the case of regulations 1 to 8, 9(b), 10 to 12, 13(b) and (c) and 14 to 18 on 6th April 1984;
(b) in the case of regulations 9(a) and 13(a) on 6th April 1985.
(a) 1975 c.14; section 8(1) was amended by the Education (School-leaving Dates) Act 1976 (c.5), section 2(4), and by the Social Security (Contributions, Re-rating) Order 1982 (S.I. 1982/1790), Article 4.
(b) 1975 c.60.
(c) 1977 c.5.
(d) See section 10(2)(b) of the Social Security Act 1980 (c.30).
(e) S.I. 1979/591; relevant amending provision is Schedule 1, paragraph 3 of the Social Security (Contributions) Act 1982 (c.2) and relevant amending instruments are S.I. 1980/1975, 1981/82, 1982/1033, 1983/10, 395.
Amendment of regulation 3 of the principal regulations
2. In regulation 3 of the principal regulations (earnings period for earnings normally paid or treated as paid at regular intervals)—
(a) in paragraph (1) after the words "paragraphs (2)," there shall be inserted the words "(2A),";
(b) for sub-paragraph (1)(a) there shall be substituted the following sub-paragraph—
"(a) the length of which is—
(i) in a case where there is one regular interval of 7 days or more, the length of that interval;
(ii) in a case where there are regular intervals of different lengths each of which is 7 days or more, the length of the shorter or, as the case may be, shortest interval;
(iii) in a case where the regular interval is less than 7 days or where there is more than one such interval, a week;
(iv) in a case where there is one or more than one regular interval of 7 days or more and one or more than one regular interval of less than 7 days, a week; and";
(c) for paragraph (2) there shall be substituted the following paragraph—
"(2) Without prejudice to the provisions of sub-paragraph (b) of the last preceding paragraph, if the Secretary of State is satisfied that the greater part of the earnings specified in that paragraph is normally paid at intervals of greater length than the shorter or, as the case may be, shortest and notifies the earner and the secondary contributor accordingly, the length of the longer or, as the case may be, longest interval, shall be, from a date notified by the Secretary of State, the length of the earnings period in place of that specified in that paragraph.";
(d) after paragraph (2) there shall be inserted the following paragraph—
"(2A) Where the length of the earnings period determined in accordance with the provisions of the last preceding paragraph is a year, then notwithstanding the provisions of sub-paragraph (1)(b) of this regulation, where the change in the length of the earnings period takes effect during the course of a year the length of the earnings period in respect of any earnings in that year which are paid or treated as paid on or after the change shall be the number of weeks remaining therein, commencing with the week in which the change takes effect.";
(e) for paragraph (4) there shall be substituted the following paragraph—
"(4)(a) Where—
(i) the employment in respect of which the earnings are paid has ended, and
(ii) the employment in respect of which the earnings are paid was one in which, during its continuance, earnings were paid or treated under regulation 6 of these regulations as paid at a regular interval, and
(iii) after the end of the employment a payment of earnings is made which satisfies either or both of the conditions specified in the next succeeding sub-paragraph,
the earnings period in respect of such payment of earnings shall, notwithstanding the provisions of the said regulation 6, be the week in which the payment is made;
(b) the conditions referred to in the preceding sub-paragraph of this regulation are that the payment is one which is—
(i) by way of addition to a payment made before the end of the employment,
(ii) not in respect of a regular interval.".
Substitution for regulation 4 of the principal regulations
3. For regulation 4 of the principal regulations (earnings period for earnings normally paid otherwise than at regular intervals and not treated as paid at regular intervals) there shall be substituted the following regulation—
"Earnings period for earnings normally paid otherwise than at regular intervals and not treated as paid at regular intervals
4. Subject to regulation 3(4) or 5 of these regulations, where earnings are paid to or for the benefit of an earner in respect of an employed earner's employment, but no part of those earnings is normally paid or treated under regulation 6 of these regulations as paid at regular intervals, the earnings period in respect of those earnings shall be a period of one of the following lengths—
(a) the length of the period of that part of the employment for which the earnings are paid or a week, whichever is the longer, or
(b) where it is not reasonably practicable to determine that period under the provisions of the last preceding paragraph—
(i) the length of the period from the date of the last preceding payment of earnings paid during the employment in respect of the employment (or, if there has been no such payment, from the date on which the employment began) to the date of the payment, so however that where the period so calculated would be of a length less than that of a week, the...
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