OpenLegislation

Regulation 21 Annual maxima for those with more than one employmentF1C1C2

United Kingdom

(1)

For the purposes of section 19(1) and (2) of the Act (power to prescribe maximum amounts of contributions and repayments of excess) if an earner is employed in more than one employment his liability in any year—

(a)

for primary Class 1 contributions; F2...

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall not exceed an amount which equals the amount found in accordance with paragraph (2).

(2)

The amount is found as follows.

  • Step One

    Calculate—

    53×(UEL-PT)
    • Here UEL is the upper earnings limit, and PT the primary threshold, specified for the year.

  • Step Two

    Multiply the result of Step One by F48% .

  • Step Three

    Add together, in respect of all of the employed earner’s employments, so much of the earnings in each of those employments as exceeds the primary threshold and does not exceed the upper earnings limit.

  • Step Four

    From the sum produced by Step Three subtract the amount found by the formula in Step One.

  • Step Five

    If the result produced by Step Four is a positive value, multiply it by F52 per cent.

    If that result is nil or a negative value, it is treated for the purposes of Step Eight as nil.

  • Step Six

    Add together, in respect of all of the employed earner’s employments, so much of the earnings in each of those employments as exceeds the upper earnings limit.

  • Step Seven

    Multiply the sum produced by Step Six by F62 per cent.

  • Step Eight

    Add together the amounts produced by Steps Two, Five and Seven.

    The result of Step Eight is the annual maximum, subject to the further qualifications in paragraphs (3) and (4).

(3)

F7For the purpose only of determining the extent of the earner’s liability for contributions under paragraph (2), the amount of a primary Class 1 contribution which is paid at a rate less than F8the rate specified as the main primary percentage because the earner is a married woman who has made an election to pay contributions at the reduced rate as mentioned in regulation 127, shall be treated as equal to the amount of the primary Class 1 contribution which would be payable if the election had not been made.

F9(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Notwithstanding paragraphs (1) to (4), an earner shall be liable, in the first instance, for the full amount of the contributions which would have been payable but for this regulation.

Annotations

Textual amendments

F1

Reg. 21 substituted (with effect in accordance with reg. 1(1) of the amending S.I.) by The Social Security (Contributions) (Amendment) Regulations 2003 (S.I. 2003/193), regs. 1(1), 6

F2

Word in reg. 21(1)(a) omitted (6.4.2024) by virtue of The Social Security (Class 2 National Insurance Contributions) (Consequential Amendments and Savings) Regulations 2024 (S.I. 2024/377), regs. 1(1), 6(2)(a)(i) (with reg. 1(4))

F3

Reg. 21(1)(b) omitted (6.4.2024) by virtue of The Social Security (Class 2 National Insurance Contributions) (Consequential Amendments and Savings) Regulations 2024 (S.I. 2024/377), regs. 1(1), 6(2)(a)(ii) (with reg. 1(4))

F4

Word in reg. 21(2) substituted (6.4.2024 immediately before 2024 c. 5 comes into force) by National Insurance Contributions (Reduction in Rates) Act 2024 (c. 5), ss. 2(1)(2), 3(1)

F5

Words in reg. 21(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Contributions) (Amendment) Regulations 2012 (S.I. 2012/573), regs. 1(1), 2(2)(a)(ii)

F6

Words in reg. 21(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Contributions) (Amendment) Regulations 2012 (S.I. 2012/573), regs. 1(1), 2(2)(a)(iii)

F7

Reg. 21(3) substituted (6.4.2016) by The Social Security (Contributions) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/352), regs. 1, 12 (with reg. 20)

F8

Words in reg. 21(3) substituted by National Insurance Contributions (Reduction in Rates) Act 2023 (c. 57), Sch. para. 2(2)(b)(4)

F9

Reg. 21(4) omitted (6.4.2024) by virtue of The Social Security (Class 2 National Insurance Contributions) (Consequential Amendments and Savings) Regulations 2024 (S.I. 2024/377), regs. 1(1), 6(2)(b) (with reg. 1(4))

Modifications

C1

Reg. 21 modified (for the tax year 2022-23) by National Insurance Contributions (Increase of Thresholds) Act 2022 (c. 16), s. 4(1)(3)

C2

Reg. 21 modified (for the tax year 2022-23) by Health and Social Care Levy (Repeal) Act 2022 (c. 43), Sch. para. 6(1)

Notes on the whole SI

Textual amendments

F1

See sections 3(2) and (5), 4(5) and (6), 116, 117, 118, 119 and 120 of the Social Security Contributions and Benefits Act 1992 (c. 4) (“the Act”) as amended respectively by paragraphs 3, 4, 22, 23, 24, 25 and 26 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) (“the Transfer Act”). The functions of the Department of Health and Social Services for Northern Ireland under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) and the Social Security Administration (Northern Ireland) Act 1992 (c. 8) were transferred to the Department for Social Development by Article 8(b) of and Part II of Schedule 6 to the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481).

F2

See section 176(2)(b) of the Act.