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Regulation 4 Determination that an earner was in contracted-out employment

(1)

This regulation applies where—

(a)

an earner (“E”) has been in employment, during a period in which employment of the same description as E’s employment was contracted-out, but E’s employment was not (apart from this regulation) contracted-out in relation to E; and

(b)

the Commissioners are satisfied—

(i)

that the employment was not contracted-out in relation to E solely because E was not, during that period, a member of the relevant scheme; and

(ii)

that E, during that period, was not a member of that scheme solely because of inadvertence.

(2)

Where this regulation applies, the Commissioners may determine that E was in contracted-out employment by reference to that scheme during that period.