Social Security (Earnings Factor) Amendment Regulations 1988

1988 No. 429

SOCIAL SECURITY

The Social Security (Earnings Factor) Amendment Regulations 1988

Made 7th March 1988

Laid before Parliament 14th March 1988

Coming into force 4th April 1988

The Secretary of State for Social Services, in exercise of powers conferred on him by sections 13(5) and 5(A) and 168(1) of, and Schedule 20 to, the Social Security Act 19751, sections 6(5A) and 35(3) of the Social Security Pensions Act 19752, section 32(6) of the Social Security Act 19853and sections 84(1) and 89(1) of the Social Security Act 19864and of all other powers enabling him in that behalf, by this instrument, which contains only Regulations made under sections 84(1) and 89(1) of, and provisions consequential upon sections 42 and 75 of and Schedule 8 to, the Social Security Act 1986 and which is made before the end of a period of 12 months from their commencement, makes the following Regulations:—

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Earnings Factor) Amendment Regulations 1988 and shall come into force on 4th April 1988.

(2) In these Regulations,“the principal Regulations” means the Social Security (Earnings Factor) Regulations 19795.

S-2 Amendment of principal Regulations

Amendment of principal Regulations

2.—(1) The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) For regulation 2 (ascertainment of earnings factors) there shall be substituted the following regulation—

S-2

Ascertainment of earnings factors

2.—(1) The earnings factors derived from a person’s earnings paid in, or from earnings credited or Class 2 or Class 3 contributions in respect of, any year shall, subject to paragraph (2) of this regulation, be ascertained in accordance with the rules contained in Schedule 1 to these Regulations.

(2) A person’s earnings factors in respect of the year commencing on 6th April 1988, or any subsequent year, shall not in respect of any such year together exceed an amount equal to 58 times the upper earnings limit of that year.”.

(3) In Schedule 1 (rules for the ascertainment of earnings factors), Part I (Class 1 contributions) shall be amended as follows—

(a)

(a) in paragraph 2, for sub-paragraph (1) there shall be substituted the following sub-paragraph—

S-1

“1 Subject to sub-paragraph (2) below, a person’s earnings factor derived in respect of the year commencing on 6th April 1987, or any subsequent year, from—

(a) those of his earnings paid in that year upon which Class 1 contributions have been paid or treated as paid in respect of that year, and

(b) earnings with which he has been credited in respect of that year,

shall be equal to the amount of those actual and credited earnings.”;

(b)

(b) for paragraph 3 there shall be substituted the following paragraph—

S-3

3. Where a person’s earnings paid in the year commencing on 6th April 1987, or in any subsequent year, are earnings upon which Class 1 contributions have been paid or treated as paid in respect of that year and are, or are to be, recorded as separate sums in the records of the Department of Health and Social Security, the earnings factor derived from those earnings shall...

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