The Social Security (Contributions) (Amendment No. 5) Regulations (Northern Ireland) 1998
S.R. 1998/416 · Made 24 November 1998 · Extends to Northern Ireland
SOCIAL SECURITY
Made 24th November 1998
Coming into operation 25th November 1998
The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 3(2) and 171(1) to (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and of all other powers enabling it in that behalf, hereby makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2Amendment of regulation 18 of the Social Security (Contributions) Regulations
- Signature
- Explanatory note
1Citation and commencementI1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 5) Regulations (Northern Ireland) 1998 and shall come into operation on 25th November 1998
2Amendment of regulation 18 of the Social Security (Contributions) RegulationsI1
In regulation 18 of the Social Security (Contributions) Regulations (Northern Ireland) 1979f1 (calculation of earnings)—
after paragraph (2)f2 there shall be inserted the following paragraphs—
“(2A)Paragraph (2) of this regulation shall apply to shares in a body corporate which are capable of being acquired pursuant to an option, or a voucher capable of being exchanged for such an option, where those shares, that option or that voucher are a readily convertible asset.
(2B)For the purposes of paragraphs (2A), (5A) and (9A) of this regulation, “body corporate” includes—
(a)a body corporate constituted under the law of a country or territory outside the United Kingdom; and
(b)an unincorporated association wherever constituted,
but does not include a partnership, a local authority within the meaning of section 842A of the Income and Corporation Taxes Act 1988f3 or a local authority association within the meaning of section 519f4 of that Act.”;
after paragraph (5)f5 there shall be inserted the following paragraph—
“(5A)Paragraph (4)f6 of this regulation shall apply to shares in a body corporate which are capable of being acquired pursuant to an option, or a voucher capable of being exchanged for such an option, where those shares, that option or that voucher are a readily convertible asset.”;
in paragraph (9)f7 for “The amount” there shall be substituted “Subject to paragraphs (2A), (5A) and (9A) of this regulation, the amount”;
after paragraph (9) there shall be inserted the following paragraph–
“(9A)Paragraph (9) of this regulation does not apply to an option to acquire shares in a body corporate or a voucher capable of being exchanged for such an option, where those shares, that option or that voucher are a readily convertible asset.”.
Signature
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
L.S.
John O'Neill
Assistant Secretary
24th November 1998.
Explanatory note
(This note is not part of the Regulations.)
These Regulations further amend the Social Security (Contributions) Regulations (Northern Ireland) 1979 (“the principal Regulations”).
Regulation 2 amends regulation 18 of the principal Regulations by inserting 4 new paragraphs. New paragraph (2A) provides that the provisions of paragraph (2) of regulation 18 shall apply to shares in a body corporate which are capable of being acquired pursuant to an option or a voucher exchangeable for such an option. New paragraph (2B) makes consequential provision for new paragraphs (2A), (5A) and (9A). New paragraph (5A) provides that the provisions of paragraph (4) of regulation 18 shall apply to shares in a body corporate which are capable of being acquired pursuant to an option or a voucher exchangeable for such an option. New paragraph (9A) excludes an option to acquire shares in a body corporate or a voucher exchangeable for such an option from the operation of paragraph (9) of regulation 18. Regulation 2 also makes a consequential amendment to the said paragraph (9).
These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8) are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.