Section 401 Application of this Chapter

United Kingdom

(1)

This Chapter applies to payments and other benefits which are received directly or indirectly in consideration or in consequence of, or otherwise in connection with—

(a)

the termination of a person’s employment,

(b)

a change in the duties of a person’s employment, or

(c)

a change in the earnings from a person’s employment,

by the person, or the person’s spouse F1or civil partner, blood relative, dependant or personal representatives.

(2)

Subsection (1) is subject to subsection (3) and sections 405 to F2414A (exceptions for certain payments and benefits).

(3)

This Chapter does not apply to any payment or other benefit chargeable to income tax apart from this Chapter.

(4)

For the purposes of this Chapter—

(a)

a payment or other benefit which is provided on behalf of, or to the order of, the employee or former employee is treated as received by the employee or former employee, and

(b)

in relation to a payment or other benefit—

(i)

any reference to the employee or former employee is to the person mentioned in subsection (1), and

(ii)

any reference to the employer or former employer is to be read accordingly.

Annotations

Textual amendments

F1: Words in s. 401(1) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 152
F2: Word in s. 401(2) substituted (with effect in accordance with art. 6 of the amending S.I.) by The Enactment of Extra-Statutory Concessions Order 2014 (S.I. 2014/211), arts. 1, 5(3)(a)