# The Social Security (Contributions) (Amendment No. 4) Regulations 2007

S.I. 2007/1838 · made 26 June 2007

The European Communities provide a pension scheme (“the Communities’ pension scheme”) for officials and servants of Community institutions; and those who work for those institutions may transfer their pension rights under national legislation to the Communities’ pension scheme.

Made under: Social Security Contributions and Benefits Act 1992 (Section 13, Section 14, Section 119, Section 122, Section 175); Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Section 13, Section 14, Section 119, Section 121, Section 171)

PDFs: Printed copy https://openlegislation.uk/social-security-contributions-amendment-no-4-regulations-2007/pdf/uksi_20071838_en.pdf; Explanatory Memorandum https://openlegislation.uk/social-security-contributions-amendment-no-4-regulations-2007/pdf/uksiem_20071838_en.pdf

## Introductory text

Social sECuriTy
Made 26th June 2007
Laid before Parliament 27th June 2007
Coming into force 18th July 2007
The Treasury make the following Regulations in exercise of the powers conferred on them by sections 13(1), 14(1), 119, 122(1) and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992 and sections 13(1), 14(1), 119, 121(1) and 171(3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
The Secretary of State and the Department for Social Development concur in the making of these Regulations.

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Contributions) (Amendment No. 4) Regulations 2007 and shall come into force on 18th July 2007.
(2) In these Regulations “the principal Regulations” means the Social Security (Contributions) Regulations 2001.

## 2 Amendments to the principal Regulations: general

The principal Regulations are amended as follows.

## 3 Insertion of regulation 49A in the principal Regulations

After regulation 49 insert—
“Conditions relating to Class 3 contributions: transfers to the Communities’ pension scheme
49A. (1) The entitlement of a person to pay a Class 3 contribution is subject to the condition set out in paragraph (2).
(2) The condition is that a person may not pay a Class 3 contribution for any part of the period to which that person’s Communities transfer relates.
(3) For the purposes of this regulation, paragraph (3) of regulation 148A applies to determine the meaning of a Communities transfer in the same way as it applies to determine the meaning of that expression for the purposes of that regulation.”.

## 4 Amendment of regulation 146 of the principal Regulations

In regulation 146(2)(b) (payment of contributions for periods abroad) for “regulation 148” substitute “regulations 148 and 148A”.

## 5 Amendment of regulation 147 of the principal Regulations

In regulation 147(1) (Class 2 and Class 3 contributions for periods abroad) for “regulation 148” substitute “regulations 148 and 148A”.

## 6 Insertion of regulation 148A in the principal Regulations

After regulation 148 insert—
“Conditions of payment of Class 3 contributions: transfers to the Communities’ pension scheme
148A. (1) Entitlement to pay Class 3 contributions under regulations 146 and 147 is subject to the condition set out in paragraph (2).
(2) The condition is that a person may not pay a Class 3 contribution for any part of the period to which that person’s Communities transfer relates.
(3) For the purposes of this regulation—
a “Communities transfer” means a transfer to the Communities pension scheme of rights to relevant benefits;
“the Communities’ pension scheme” means the pension scheme provided for officials and other servants of Community institutions and bodies in accordance with regulations adopted by the Council of the European Communities;
“relevant benefits” means benefits under—
(a) Parts 2 to 5 and 10 of the Act,
(b) sections 36 and 37 of the National Insurance Act 1965 (graduated retirement benefit), and
(c) sections 1(2) and 2 of the Jobseekers Act 1995 (contribution-based jobseeker’s allowance).”.

## Signature

Frank Roy
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
26th June 2007
The Secretary of State concurs.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
25th June 2007
The Department for Social Development concurs.
The Official Seal of the Department is affixed on the 19th June 2007
L.S.
John O’Neill
A Senior Officer of the Department for Social Development

## Explanatory note

(This note is not part of the Regulations)
The European Communities provide a pension scheme (“the Communities’ pension scheme”) for officials and servants of Community institutions; and those who work for those institutions may transfer their pension rights under national legislation to the Communities’ pension scheme.
These Regulations amend the Social Security (Contributions) Regulations 2001 (S.I. 2001/1004) so that individuals who transfer their pension rights under national legislation to the Communities’ pension scheme may not make Class 3 contributions for any part of the period to which the transfer relates.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2007/1838 (the official version)
Page: https://openlegislation.uk/social-security-contributions-amendment-no-4-regulations-2007
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

