National Insurance Contributions Act 2008
In section 5 of the Social Security Contributions and Benefits Act 1992 (c. 4) (earnings limits and thresholds for Class 1 contributions)—
in subsection (1), omit the words from “which” to the end, and
omit subsection (3) (amount to be specified as upper earnings limit).
In section 176(1) of that Act (statutory instruments subject to the affirmative procedure), after paragraph (za) insert—.
The amendments made by subsections (1)(b) and (2) have effect in relation to regulations specifying the upper earnings limit for 2009-10 or any subsequent tax year.
In section 5 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) (earnings limits and thresholds for Class 1 contributions)—
in subsection (1), omit the words from “which” to the end, and
omit subsection (3) (amount to be specified as upper earnings limit).
In section 172 of that Act (control of regulations and orders), after subsection (11ZA) insert—
The amendments made by subsections (1)(b) and (2) have effect in relation to regulations specifying the upper earnings limit for 2009-10 or any subsequent tax year.
The Social Security Contributions and Benefits Act 1992 (c. 4) is amended as follows.
In section 22(2B) (earnings factors), for “the flat rate introduction year” (in both places) substitute “ 2009-10 ”.
In section 44(7)(c) (category A retirement pension), for “the flat rate introduction year” (in both places) substitute “ 2009-10 ”.
In section 122 (interpretation)—
“the upper accrual point” is £770;
after subsection (6) insert—, and
omit subsections (7) and (8).
Schedule 1 contains consequential amendments.
Schedule 2 contains repeals.
Sections 1 and 3 extend only to England and Wales and Scotland.
Section 2 extends only to Northern Ireland.
Sections 4, 6 and 7 and this section extend to each part of the United Kingdom.
But an amendment or repeal contained in either Schedule has the same extent as the provision amended or repealed.
Subject to subsection (2), this Act comes into force at the end of the period of two months beginning with the day on which it is passed.
Sub-paragraph (3) of paragraph 6 of Schedule 1, and Schedule 2 so far as relating to the repeals mentioned in that sub-paragraph, come into force on the day appointed by an order under section 30(2) of the Pensions Act 2007 (c. 22) for the coming into force of paragraph 45(2) of Schedule 4 to that Act.
This Act may be cited as the National Insurance Contributions Act 2008.
Section 4
The Social Security Contributions and Benefits Act 1992 is amended as follows.
In section 22 (earnings factors), after subsection (8) insert—
Section 23 is amended as follows. In subsection (3)(a), for “subsection” substitute “ subsections (3A) and ”. After subsection (3) insert—
Section 44A (deemed earnings factors) is amended as follows. In subsection (1)(a), for “the upper earnings limit” substitute “ the applicable limit ”. After subsection (5) insert—
In section 44B(2)(a) (deemed earnings factors: 2010-11 onwards), for “the applicable limit” substitute “ the upper accrual point ”.
Paragraph 1 of Schedule 1 (Class 1 contributions where earner employed in more than one employment) is amended as follows. In sub-paragraph (3) (as it has effect without the amendments made by paragraph 45(2) of Schedule 4 to the Pensions Act 2007 (c. 22))— In sub-paragraph (3) (as amended by sub-paragraph (2) above and by paragraph 45(2) of Schedule 4 to the Pensions Act 2007 (c. 22))— After sub-paragraph (10) insert— The amendments made by sub-paragraphs (2) and (4) have effect in relation to 2009-10 and subsequent tax years.
The Pension Schemes Act 1993 is amended as follows.
Section 8 (meaning of “contracted-out employment” etc) is amended as follows. In subsection (2), in the definition of “minimum payment”, for “the current upper earnings limit” substitute “ the applicable limit ”. After that subsection insert—
In section 12B(7) (contracted-out pension scheme: reference scheme), in the definition of “the applicable limit”—
for “the flat rate introduction year” (in both places) substitute “ 2009-10 ”, and
in paragraph (b), after “point” insert “ multiplied by 53 ”.
Section 41 (reduced rates of Class 1 contributions for members of salary related contracted-out schemes) is amended as follows. In subsection (1) for “the applicable limit for that week” substitute “ the upper accrual point ”. Omit subsection (1ZA). The amendments made by this paragraph have effect in relation to 2009-10 and subsequent tax years.
In section 42A(1) (reduced rates of Class 1 contributions, and rebates, for members of money purchase contracted-out schemes), for “the current upper earnings limit for that week” substitute “ the upper accrual point ”. The amendment made by sub-paragraph (1) has effect in relation to 2009-10 and subsequent tax years.
In section 45(1) (personal pensions: amount of minimum contributions), for “the current upper earnings limit for that week” substitute “ the upper accrual point ”. The amendment made by sub-paragraph (1) has effect in relation to 2009-10 and subsequent tax years.
Paragraph 2 of Schedule 4 (priority in bankruptcy etc: employee's contributions to occupational pension scheme) is amended as follows. In sub-paragraph (5), in paragraph (b) of the definition of “reckonable earnings”, for “the applicable limit” substitute “ the upper accrual point ”. Omit sub-paragraph (6). The amendments made by this paragraph have effect in relation to payments made in a tax week falling in 2009-10 or any subsequent tax year.
Section 4 Short title and chapter Extent of repeal Social Security Contributions and Benefits Act 1992 (c. 4) In section 5, in subsection (1) the words from “which” to the end, and subsection (3). Section 44B(7)(a). Section 122(7) and (8). In section 176(1)(c), the words “section 122(8)”. In Schedule 1, in paragraph 1(3)— paragraph (ba), in paragraph (c), the words “if some of the aggregated earnings are attributable to COSRS service,”, and in paragraph (ca), the words “if paragraph (c) applies” and “, when added to the APPS earnings or the part attributable to COMPS service (or both),”. In Schedule 4A— in paragraph 2, in sub-paragraph (4A) in table 2A the words “but not exceeding AUEL”, and sub-paragraph (6)(d), in paragraph 5(4A), in table 4A the words “but not exceeding AUEL”, in paragraph 7(4A), in table 6A the words “but not exceeding AUEL”, and paragraph 8(4)(d). In Schedule 4B— in paragraph 5(a), the words “but which does not exceed the UAP”, in paragraph 9(2)(a), the words “but which does not exceed the UAP”, in paragraph 10(1)(a), the words “but which does not exceed the UAP”, and in paragraph 12, the definition of “the UAP”. Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) In section 5, in subsection (1) the words from “which” to the end, and subsection (3). Pension Schemes Act 1993 (c. 48) Section 41(1ZA). In section 181(1), the definition of “the flat rate introduction year”. In Schedule 4, paragraph 2(6). Pensions Act 2007 (c. 22) Section 7(2). Section 8(2). Section 10(2)(c) and (5). In Schedule 1, paragraphs 35(a), 37 and 39.
The repeals of— have effect as mentioned in section 1(3) or 2(3) (respectively).
section 5(3) of the Social Security Contributions and Benefits Act 1992 (c. 4) and,
section 5(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7),
The repeals of— have effect in relation to 2009-10 and subsequent tax years.
section 41(1ZA) of the Pension Schemes Act 1993 (c. 48),
the definition of “the flat rate introduction year” in section 181(1) of that Act, and
paragraph 37 of Schedule 1 to the Pensions Act 2007 (c. 22),
The repeals of— have effect in relation to payments made in a tax week falling in 2009-10 or any subsequent tax year.
paragraph 2(6) of Schedule 4 to the Pension Schemes Act 1993, and
paragraph 39 of Schedule 1 to the Pensions Act 2007,