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.