Regulation 3 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg.3(2A) added by Private Medical Insurance (Tax Relief) 1994 reg.4(2)
reg.3(3)(b) amended by Private Medical Insurance (Tax Relief) 1994 reg.4(3)(a)
reg.3(3)(b)(iv) added by Private Medical Insurance (Tax Relief) 1994 reg.4(3)(c)
reg.3(3)(i) amended by Private Medical Insurance (Tax Relief) 1994 reg.4(3)(a)

(1)

This regulation specifies the cases in which, and the conditions subject to which, relief under subsection (3) of section 54 shall be given at source, that is to say, in accordance with subsections (5) and (6) of that section.

(2)

Subject to the conditions specified in paragraph (3), relief shall be given at source in any case where the person to whom a payment under a contract is made in respect of which an individual is entitled to relief under the said subsection (3) is—

(a)

a qualifying insurer for the purposes of section 55 by virtue of subsection (8)(a) of that section, or

(b)

a managing agent.

(3)

The conditions specified in this paragraph are—

(a)

that the individual making the payment—

(i)

has given notice that he is entitled to relief at source to the insurer or managing agent providing the information, certificate and declaration and undertaking specified in regulation 4, and

(ii)

is resident in the United Kingdom at the time of making the payment or is at that time performing duties which are treated by virtue of section 132(4)(a) of the Taxes Act as performed in the United Kingdom, and

(b)

that the person to whom the payment is made—

(i)

has no reason to believe at the time the payment is made that any of the information contained or declared in the claim is untrue or that any undertaking has been dishonoured,

(ii)

has given an undertaking in writing to the Board before any payment is made that he will observe the requirements of these Regulations and of the Treasury Regulations, and (iii) in the event of a failure by him to observe those requirements, has satisfied the Board that he is able and willing to observe them in the future. Notice of entitlement by individuals