Section 4 Payments treated as remuneration and earnings.
England, Wales and Scotland
For the purposes of section 3 above there shall be treated as remuneration derived from employed earner’s employment—
any sum paid to or for the benefit of a person in satisfaction (whether in whole or in part) of any entitlement of that person to—
statutory sick pay; or
statutory maternity pay;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
statutory adoption pay; F4...
statutory parental bereavement pay; F8or
statutory neonatal care pay; and
any sickness payment made—
to or for the benefit of the employed earner; and
in accordance with arrangements under which the person who is the secondary contributor in relation to the employment concerned has made, or remains liable to make, payments towards the provision of that sickness payment.
Where the funds for making sickness payments under arrangements of the kind mentioned in paragraph (b) of subsection (1) above are attributable in part to contributions to those funds made by the employed earner, regulations may make provision for disregarding, for the purposes of that subsection, the prescribed part of any sum paid as a result of the arrangements.
For the purposes of subsections (1) and (2) above “sickness payment” means any payment made in respect of absence from work due to incapacity for work, F9....
For the purposes of section 3 above there shall be treated as remuneration derived from an employed earner’s employment—
the amount of any gain calculated under section 479 F12of ITEPA 2003 in respect of which an amount counts as employment income of the earner under section 476 of that Act (charge on acquisition of securities pursuant to option etc), reduced by any amounts deducted under section 480(1) to (6) of that Act in arriving at the amount counting as such employment income;
any sum paid (or treated as paid) to or for the benefit of the earner which is chargeable to tax by virtue of F13section 225 or 226 of ITEPA 2003 (taxation of consideration for certain restrictive undertakings).
For the purposes of section 3 above regulations may make provision for treating as remuneration derived from an employed earner’s employment any payment made by a body corporate to or for the benefit of any of its directors where that payment would, when made, not be earnings for the purposes of this Act.
Regulations may make provision for the purposes of this Part—
for treating any amount on which an employed earner is chargeable to income tax under F15the employment income Parts of ITEPA 2003 as remuneration derived from the earner’s employment; and
for treating any amount which in accordance with regulations under paragraph (a) above constitutes remuneration as an amount of remuneration paid, at such time as may be determined in accordance with the regulations, to or for the benefit of the earner in respect of his employment.
In any case where—
a benefit of a kind mentioned in section 308 or 308A of ITEPA 2003 (contributions to pensions schemes) is provided to or for the benefit of an employed earner pursuant to optional remuneration arrangements, and
the employed earner would be chargeable to income tax in respect of the benefit if section 228A(5) of that Act had effect with the omission of paragraphs (f) and (g) (which refer to sections 308 and 308A),
regulations may make provision for the purposes of this Part for treating the amount foregone in relation to the benefit as remuneration derived from the earner’s employment.
Regulations made under subsection (6A) must make provision for amounts not exceeding the contributions limit for a tax year not to be so treated.
The contributions limit is the amount specified by regulations made under subsection (6A) as the contributions limit for the whole of a tax year; but—
the regulations may make other provision about that limit, including provision prescribing an equivalent of that limit for earners paid weekly or at other intervals; and
if an equivalent is prescribed, the regulations may prescribe an amount which exceeds by not more than £1 the amount which is the arithmetical equivalent of that limit.
Regulations made under subsection (6A)—
may make provision for any amount treated as remuneration to be treated as an amount of remuneration paid, at such time as may be determined in accordance with the regulations, to or for the benefit of the earner in respect of the earner’s employment;
may provide, in prescribed cases, for the amount treated as remuneration to be an amount other than the amount foregone in relation to the benefit; and
may provide for that other amount to be calculated in such manner and on such basis as may be prescribed.
Expressions which are used in subsection (6A) and the benefits code have the same meaning in that subsection as they have in that code.
Regulations under this section shall be made by the Treasury with the concurrence of the Secretary of State.
Annotations
Textual amendments
- F1
S. 4(1)(a)(iii)-(v) substituted for s. 4(1)(a)(iii)(iv) (6.4.2010) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 4; S.I. 2010/495, art. 4(d)
- F2
Word in s. 4(1)(a)(iii) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 8(a); S.I. 2014/1640, art. 7(e) (with art. 16)
- F3
S. 4(1)(a)(iv) repealed (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 8(b); S.I. 2014/1640, art. 5(2)(g)
- F4
Word in s. 4(1)(a) omitted (18.1.2020) by virtue of Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 11(a); S.I. 2020/45, reg. 2
- F5
S. 4(1)(a)(vi) and word substituted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 8(c); S.I. 2014/1640, art. 5(2)(g)
- F6
Word in s. 4(1)(a)(vi) omitted (17.1.2025) by virtue of Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 11(a); S.I. 2025/41, reg. 2
- F7
S. 4(1)(a)(vii) and word inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 11(b); S.I. 2020/45, reg. 2
- F8
S. 4(1)(a)(viii) and word inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 11(b); S.I. 2025/41, reg. 2
- F9
Words in s. 4(3) omitted (13.4.1995) by virtue of Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 1, Sch. 2; S.I. 1994/2926, art. 2(4), Sch. Pt. 4
- F10
S. 4(4) substituted (21.5.1998 for specified purposes, 8.9.1998 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 50(1), 87(2)(b) (with s. 50(3)); S.I. 1998/2209, art. 2(a), Sch. Pt. 1
- F11
S. 4(4)(a) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 172(2) (with Sch. 7)
- F12
Words in s. 4(4)(a) substituted (with effect in accordance with Sch. 22 para. 48(2) of the amending Act) by Finance Act 2003 (c. 14), Sch. 22 para. 48(1)(a)
- F13
Words in s. 4(4)(b) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 172(3) (with Sch. 7)
- F14
S. 4(6) substituted (with effect in relation to the tax year beginning with 6.4.2000 and subsequent tax years) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 74(3), 86 (with s. 74(8))
- F15
Words in s. 4(6)(a) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 172(4) (with Sch. 7)
- F16
S. 4(6A)-(6E) inserted (29.4.2026 for the tax year 2029-30 and subsequent tax years) by National Insurance Contributions (Employer Pensions Contributions) Act 2026 (c. 15), ss. 1(1)(3), 3(2) (with s. 1(4))
- F17
S. 4(7) inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 3 para. 4; S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)
Notes on Part I
Modifications
- C1
Pt. 1 modified (2.4.1999) by The New Deal (25 plus) (Miscellaneous Provisions) Order 1999 (S.I. 1999/779), arts. 1(1), 2
- C2
Pt. 1 modified (6.4.2001) by The Social Security (Contributions) Regulations 2001 (S.I. 2001/1004), regs. 1(1), 125 (as amended (6.4.2017) by S.I. 2017/416, regs. 1(2), 2; (6.4.2019) by S.I. 2019/555, regs. 1(2), 2)
- C3
Pt. 1 modified (13.9.2001) by The New Deal (Lone Parents) (Miscellaneous Provisions) Order 2001 (S.I. 2001/2915), arts. 1(1), 2
- C4
Pt. 1 modified (for the tax year 2022-23) by Health and Social Care Levy Act 2021 (c. 28), s. 5(2) (with s. 7(2)) (which Act was repealed (25.10.2022) by Health and Social Care Levy (Repeal) Act 2022 (c. 43), s. 1 (with savings and transitional modifications of Pt. 1 in s. 2, Sch. paras. 1-3, 5))
- C5
Pt. 1 modified (in relation to the tax year 2023-24) by National Insurance Contributions (Reduction in Rates) Act 2023 (c. 57), Sch. para. 1(1)-(3)