# The Social Security (Categorisation of Earners) (Amendment) Regulations 2012

S.I. 2012/816 · made 13 March 2012

These Regulations amend the Social Security (Categorisation of Earners) Regulations 1978 (“the principal Regulations”) and the Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978 (“the principal NI Regulations”) which provide, for the purposes of the Social Security Contributions and Benefits Act 1992 and the Social Security Contributions and Benefits (Northern Ireland) Act 1992, for persons in employments of certain descriptions to be treated as falling within a different category of earners, and specify the person who is to be treated as the secondary contributor in respect of payments to certain description of earners. The amendments made by these Regulations mean the principal Regulations and the principal NI Regulations will no longer apply to lecturers, teachers etc employed at educational establishments.

Made under: Social Security Contributions and Benefits Act 1992 (Section 2, Section 7, Section 175); Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Section 2, Section 7, Section 171)

PDFs: Printed copy https://openlegislation.uk/social-security-categorisation-of-earners-amendment-regulations-2012/pdf/uksi_20120816_en.pdf; Explanatory Memorandum https://openlegislation.uk/social-security-categorisation-of-earners-amendment-regulations-2012/pdf/uksiem_20120816_en.pdf

## Introductory text

Social Security
Made 13th March 2012
Laid before Parliament 14th March 2012
Coming into force 6th April 2012
The Treasury, in exercise of the powers conferred by sections 2(2)(b) and (2A), 7(2) and (3) and 175(4) of the Social Security Contributions and Benefits Act 1992 and sections 2(2)(b) and (2A), 7(2) and (3) and 171(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, make the following Regulations.
The Secretary of State concurs in the making of regulation 4 and the Department for Social Development concurs in the making of regulation 8.

## 1 Citation and commencement

These Regulations may be cited as the Social Security (Categorisation of Earners) (Amendment) Regulations 2012 and shall come into force on 6th April 2012.

## 2 Amendment of the Social Security (Categorisation of Earners) Regulations 1978

The Social Security (Categorisation of Earners) Regulations 1978 are amended as follows.

## 3 Amendment of the Social Security (Categorisation of Earners) Regulations 1978

In regulation 1(2) (citation, commencement and interpretation) omit the definition of “educational establishment”.

## 4 Amendment of the Social Security (Categorisation of Earners) Regulations 1978

In Part 1 of Schedule 1—
(a) in column A omit paragraph 4; and
(b) in column B omit paragraph 4.

## 5 Amendment of the Social Security (Categorisation of Earners) Regulations 1978

In Schedule 3 (employments in respect of which persons are treated as secondary Class 1 contributors)—
(a) in column A omit paragraph 6; and
(b) in column B omit paragraph 6.

## 6 Amendment of the Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978

The Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978 are amended as follows.

## 7 Amendment of the Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978

In regulation 1(2) (citation, commencement and interpretation) omit the definition of “educational establishment”.

## 8 Amendment of the Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978

In Part 1 of Schedule 1—
(a) in column A omit paragraph 4; and
(b) in column B omit paragraph 4.

## 9 Amendment of the Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978

In Schedule 3 (employments in respect of which persons are treated as secondary Class 1 contributors)—
(a) in column A omit paragraph 5; and
(b) in column B omit paragraph 5.

## Signature

Michael Fabricant
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 2012
The Secretary of State concurs.
Signed by the authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
10th March 2012
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 5th March 2012
L.S.
Anne McCleary
Senior Officer of the Department for Social Development
5th March 2012

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Social Security (Categorisation of Earners) Regulations 1978 (“the principal Regulations”) and the Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978 (“the principal NI Regulations”) which provide, for the purposes of the Social Security Contributions and Benefits Act 1992 and the Social Security Contributions and Benefits (Northern Ireland) Act 1992, for persons in employments of certain descriptions to be treated as falling within a different category of earners, and specify the person who is to be treated as the secondary contributor in respect of payments to certain description of earners. The amendments made by these Regulations mean the principal Regulations and the principal NI Regulations will no longer apply to lecturers, teachers etc employed at educational establishments.
Regulation 3 removes the definition of “educational establishment” from the principal Regulations and Regulation 7 does the same to the principal NI Regulations.
Regulation 4 removes the description of employment of a person as a lecturer, teacher, instructor or in any other similar capacity at an educational establishment (“lecturers in education”) from the list of descriptions of employment to which the principal Regulations apply to in Part 1 of Schedule 1 to the principal Regulations. Regulation 8 does the same to the principal NI Regulations.
Regulation 5 removes from Schedule 3 the provision which specifies the person providing the education as the secondary contributor in respect of payments to lecturers in education. Regulation 9 does the same to the principal NI Regulations.
A Tax Information and Impact Note covering this instrument will be published on the HMRC website athttp://www.hmrc.gov.uk/thelibrary/tiins.htm

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Source: https://www.legislation.gov.uk/uksi/2012/816 (the official version)
Page: https://openlegislation.uk/social-security-categorisation-of-earners-amendment-regulations-2012
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

