Search Legislation

The Social Security (Additional Class 3 National Insurance Contributions) Amendment Regulations 2009

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2009 No. 659

Social Security

The Social Security (Additional Class 3 National Insurance Contributions) Amendment Regulations 2009

Made

11th March 2009

Laid before Parliament

16th March 2009

Coming into force

6th April 2009

The Secretary of State makes the following Regulations in exercise of the power conferred on him by sections 122(1) and 175(1) and (3) of, and paragraph 8(1)(d) and (1A) of Schedule 1 to, the Social Security Contributions and Benefits Act 1992(1) and by sections 9(1), 79(1) and (4) and 84 of the Social Security Act 1998(2).

In respect of regulation 3 and in accordance with paragraph 8(1A) of Schedule 1 to the Social Security Contributions and Benefits Act 1992, these Regulations are made with the concurrence of the Commissioners for Her Majesty’s Revenue and Customs(3).

This instrument contains only regulations which are made by virtue of, or consequential upon, section 13A of the Social Security Contributions and Benefits Act 1992(4) and is made before the end of the period of 6 months beginning with the coming into force of that section(5).

Citation and commencement

1.  These Regulations may be cited as the Social Security (Additional Class 3 National Insurance Contributions) Amendment Regulations 2009 and shall come into force on 6th April 2009.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

2.—(1) Regulation 3 (revision of decisions) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999(6) is amended in accordance with this regulation.

(2) After paragraph (8C) insert—

(8D) A decision made under section 8 or 10 may be revised at any time where, by virtue of regulation 6C (treatment of Class 3 contributions paid under section 13A of the Act) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001, a contribution is treated as paid on a date which falls on or before the date on which the decision was made..

Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001

3.—(1) The Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001(7) are amended in accordance with this regulation.

(2) In regulation 4(1), for “to 6B” substitute “to 6C”.

(3) After regulation 6B insert—

Treatment of Class 3 contributions paid under section 13A of the Act

6C.(1) This regulation applies to a Class 3 contribution paid by an eligible person under section 13A (right to pay additional Class 3 contributions in certain cases) of the Act.

(2) A contribution paid after 5th April 2009 but before 6th April 2011 shall be treated as paid on—

(a)the day on which it is paid; or

(b)the date on which the person attained pensionable age,

whichever is the earlier.

(3) A contribution paid after 5th April 2011 shall be treated as paid on the day on which it is paid..

Signed by authority of the Secretary for Work and Pensions

Rosie Winterton.

Minister of State

Department for Work and Pensions

10th March 2009

We concur in respect of regulation 3

Mike Eland.

Dave Hartnett.

Two of the Commissioners for Her Majesty’s Revenue and Customs

11th March 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments consequential to section 13A (right to pay additional Class 3 contributions in certain cases) of the Social Security Contributions and Benefits Act 1992 (c. 4).

Regulation 2 amends regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) to provide that a payment of additional Class 3 contributions under section 13A may give rise to a revision of an earlier decision on benefit.

Regulation 3 amends the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 (S.I. 2001/769) to provide for when additional Class 3 contributions paid under section 13A are to be treated as paid.

A full impact assessment has not been published for this instrument as it has no impact on the private or voluntary sectors.

(1)

1992 c. 4. Section 122(1) is cited because of the meanings ascribed to “prescribe” and “Inland Revenue”. Section 175(1) was amended by paragraph 29(1) and (2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Paragraph 8(1A) of Schedule 1 was inserted by paragraph 39(1) and (3) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and amended by paragraphs 1 and 3 of Schedule 11 to the Welfare Reform and Pensions Act 1999 (c. 30).

(2)

1998 c. 14. Section 79(1) was amended by paragraphs 12 and 13(1) and (2) of Schedule 4 to the Tax Credits Act 2002 (c. 21) and by S.I. 2008/2833. Section 84 is cited due to the meaning ascribed to the word “prescribe”.

(3)

By virtue of section 50(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) references to the Commissioners of Inland Revenue in enactments are to be taken as references to the Commissioners for Her Majesty’s Revenue and Customs.

(4)

Section 13A was inserted by section 135 of the Pensions Act 2008 (c. 30).

(5)

Section 173(5)(b) of the Social Security Administration Act 1992 (c. 5) provides that a statutory instrument which states that it contains only regulations made by virtue of, or consequential upon, a specified enactment and which is made before the end of the period of 6 months beginning with the coming into force of that specified enactment is not required to be referred to the Social Security Advisory Committee under Part 13 of that Act.

(6)

S.I. 1999/991. The relevant amending instrument is S.I. 2008/2667.

(7)

S.I. 2001/769. Relevant amending instruments are S.I. 2004/1361 and S.I. 2007/2582.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources