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Regulation 21 Information to be provided by worker or intermediary and consequences of failureF1F5

(1)

In the case of an engagement to which this Part applies, F2the relevant person must inform the potential deemed employer of which one of the following is applicable—

(a)

that one of conditions A to C in regulation 14 is met in the case,

(b)

that none of conditions A to C in regulation 14 is met in the case.

(2)

If F3the relevant person has not complied with paragraph (1), then for the purposes of regulation 14(1), one of conditions A to C in regulation 14 is to be treated as met.

(3)

In this regulationF4—

“relevant person” means the worker or, in a case where the worker has not complied with paragraph (1), the intermediary;

“the potential deemed employer” is the person who, if one of conditions A to C in regulation 14 were met, would be treated as making a payment of deemed direct earnings to the worker under regulation 14(3).

Annotations

Textual amendments

F1

Part 2 inserted (incorporating regs. 13-23) (6.4.2017) by The Social Security (Miscellaneous Amendments No. 2) Regulations 2017 (S.I. 2017/373), regs. 1, 2(13)

F2

Words in reg. 21(1) substituted (6.4.2021) by The Social Security Contributions (Intermediaries) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/308), regs. 1(3)(4), 3(5)(b)

F3

Words in reg. 21(2) substituted (6.4.2021) by The Social Security Contributions (Intermediaries) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/308), regs. 1(3)(4), 3(5)(b)

F4

Words in reg. 21(3) inserted (6.4.2021) by The Social Security Contributions (Intermediaries) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/308), regs. 1(3)(4), 3(5)(c)

F5

Words in reg. 21 heading inserted (6.4.2021) by The Social Security Contributions (Intermediaries) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/308), regs. 1(3)(4), 3(5)(a)

Notes on Part 2

Textual amendments

F2

Pt. 2 heading substituted (6.4.2021) by The Social Security Contributions (Intermediaries) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1220), regs. 1(1)(3), 2(8)(a) (with reg. 5)