SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Security (Contributions) Amendment (No. 5) Regulations 1996 and shall come into force on 6th April 1997. 2 In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 and “Schedule 1” means Schedule 1 to the principal Regulations (containing the provisions of the Income Tax (Employments) Regulations 1973 as (with extensions and modifications) they apply to earnings-related contributions and Class 1A contributions under the Social Security Contributions and Benefits Act 1992 ). Amendment of regulation 1 of the principal Regulations 2 In regulation 1(2) of the principal Regulations (interpretation) at the appropriate places, insert— “COMPS employment” means employment in respect of which minimum payments are made to a money purchase pension scheme contracted out under section 9(3) of the Pension Schemes Act 1993 ; “COSRS employment” means employment which qualifies an earner for a pension provided by a salary related scheme contracted out under section 9(2) of the Pension Schemes Act 1993 ; “director” means— in relation to a company whose affairs are managed by a board of directors or similar body, a member of that board or similar body; in relation to a company whose affairs are managed by a single director or similar person, that director or person; any person in accordance with whose directions or instructions the company’s directors as defined in (a) and (b) above are accustomed to act; and for this purpose a person is not to be treated as such a person by reason only that the directors act on advice given by him in his professional capacity; . Amendment of regulation 5A of the principal Regulations 3 In regulation 5A(2) of the principal Regulations (earnings period for earnings to be aggregated where the earnings periods for those earnings otherwise would be of different lengths) for sub-paragraph (b), substitute— b where the earnings are derived from employments which include any contracted-out employment and any non-contracted-out employment and the employed earner is not a person in respect of whom minimum contributions are paid by the Secretary of State in accordance with section 43 of the Pensions Schemes Act 1993, and— i any of the contracted-out employments is COMPS employment, the earnings period in respect of the earnings derived from that COMPS employment or, if there is more than one such employment, the shorter, or as the case may be the shortest, of the earnings periods derived from such employments; ii the contracted-out employment is COSRS employment only, the earnings period in respect of the earnings derived from that COSRS employment or, if there is more than one such employment, the shorter, or as the case may be the shortest, of the earnings periods derived from such employments; or bb where the earnings are derived from employments which are contracted-out employment only and— i any of the employments is COMPS employment, the earnings period in respect of the earnings derived from that COMPS employment or, if there is more than one such employment, the shorter, or as the case may be the shortest, of the earnings periods derived from such employments; ii all of those employments are COSRS employment, the shorter, or as the case may be the shortest, of the earnings periods derived from such employments; and . Amendment of regulation 32 of the principal Regulations 4 1 Regulation 32 of the principal Regulations (return of contributions) shall be amended in accordance with the following paragraphs of this regulation. 2 In paragraph (2)— a for “section 1(9) of the Social Security Act 1986”, substitute “section 44(1) of the Pension Schemes Act 1993”; b for sub-paragraph (d), substitute— d any amount of primary Class 1 contributions at the percentages applying under section 41(1) of the Pension Schemes Act 1993 in respect of COSRS employment as specified in head (i), (ii) or (iii) below— i where the amount paid at the contracted-out percentage is equal to or exceeds 53 times the amount payable on earnings at the upper earnings limit for that year, the amount paid at the normal percentage in excess of 53 times the amount, calculated at the initial primary percentage rate specified in section 8(2)(a) of the Social Security Contributions and Benefits Act 1992, payable on earnings at the lower earnings limit for that year and the amount paid at the contracted-out percentage if any; ii where the amount paid at the contracted-out percentage is less than 53 times the amount payable on earnings at the upper earnings limit for that year, the amount paid at the normal percentage; iii where no amount has been paid at the contracted-out percentage, the amount paid at the normal percentage; e any amount of primary Class 1 contributions at the percentages applying under section 42A of the Pension Schemes Act 1993 in respect of COMPS employment as specified in head (i), (ii) or (iii) below— i where the amount paid at the contracted-out percentage is equal to or exceeds 53 times the amount payable on earnings at the upper earnings limit for that year, the amount paid at the normal percentage in excess of 53 times the amount, calculated at the initial primary percentage rate specified in section 8(2)(a) of the Social Security Contributions and Benefits Act 1992, payable on earnings at the lower earnings limit for that year and the amount paid at the contracted-out percentage if any; ii where the amount paid at the contracted-out percentage is less than 53 times the amount payable on earnings at the upper earnings limit for that year, the amount paid at the normal percentage; iii where no amount has been paid at the contracted-out percentage, the amount paid at the normal percentage. . 3 In paragraph (2A)— a for “section 1(9) of the Social Security Act 1986”, substitute “section 44(1) of the Pension Schemes Act 1993”; b for “sub-paragraph (d) of that paragraph shall be returned before those specified in sub-paragraph (c)”, substitute “sub-paragraph (c) of that paragraph shall be returned after those specified in sub-paragraphs (d) and (e)”. Amendment of regulation 35 of the principal Regulations 5 In regulation 35(1) of the principal Regulations (calculation of return of contribu tions) after sub-paragraph (f), add— g in the case of such contributions paid in error in respect of any person, the amount of any payment made by the Secretary of State under section 42A(3) of the Pension Schemes Act 1993 (age-related rebates). . Amendment of regulation 69 of the principal Regulations 6 In regulation 69(2) of the principal Regulations (repayment of Class 4 contributions which are not due) for sub-paragraph (b), substitute— b the said application is made within a period of— i 6 years beginning with 6th April in the year of assessment next following that in respect of which the payment was made where the application is in respect of any year of assessment ending before 6th April 1996; ii 5 years beginning with 1st February in the year of assessment next following that in respect of which the payment was made where the application is in respect of any year of assessment beginning on or after 6th April 1996; or iii if later than (i) or (ii), 2 years beginning with 6th April in the year of assessment next following that in which the payment was made. . Amendment of Schedule 1 7 1 Schedule 1 shall be amended in accordance with the following paragraphs of this regulation. 2 In regulation 13A (recording of Class 1A contributions) for “75 days”, substitute “105 days”. 3 In regulation 26C (payment of Class 1A contributions) — a in paragraph (1)— i omit the words “and to the provisions of paragraph (2) of this Regulation”; ii for “19th June”, substitute “19th July”; b omit paragraph (2). 4 In— a regulation 27(2A) and (3)(b) (employer failing to pay earnings-related contributions or Class 1A contributions) ; b regulation 27B(1), (2)(a), (3) and (5) (specified amount of Class 1A contributions) ; c regulation 28(1)(b) (recovery of earnings-related contributions or Class 1A contribu tions) ; d regulation 32(5) (inspection of employer’s records) , omit the words “or (2)”. Peter Lilley Secretary of State, Department of Social Security 12th September 1996 The Commissioners of Inland Revenue hereby concur. S C T Matheson C W Corlett Two of the Commissioners of Inland Revenue 16th September 1996