# The Social Security (Earnings Factor) Amendment Regulations 2003

S.I. 2003/608 · made 7 March 2003

These Regulations further amend the Social Security (Earnings Factor) Regulations 1979 (S.I.1979/676).

Made under: Social Security Contributions and Benefits Act 1992 (Section 23, Section 175); Pension Schemes Act 1993 (Section 14, Section 181, Section 182)

PDFs: Printed copy https://openlegislation.uk/social-security-earnings-factor-amendment-regulations-2003/pdf/uksi_20030608_en.pdf

## Introductory text

SOCIAL SECURITY
Made 7th March 2003
Laid before Parliament 14th March 2003
Coming into force 6th April 2003
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 23(1)(b) and (3) and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992 and sections 14(6), 181(1) and 182(2) and (3) of the Pension Schemes Act 1993 and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it( and after consulting such persons as he considers appropriate, hereby makes the following Regulations:

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Earnings Factor) Amendment Regulations 2003 and shall come into force on 6th April 2003.
(2) In these Regulations, “the Earnings Factor Regulations” means the Social Security (Earnings Factor) Regulations 1979.

## 2 Amendment of the Earnings Factor Regulations

In paragraph 1(1) of Schedule 1 to the Earnings Factor Regulations (rules for the ascertainment of earnings factors)—
(a) for the definitions of “Class 1 contributions” and “contracted-out contributions”, there shall be substituted the following definitions—
““Class 1 contributions” means primary Class 1 contributions paid or treated as paid on so much of a person’s earnings as do not exceed the current upper earnings limit or the prescribed equivalent if he is paid otherwise than weekly;
“contracted-out contributions” means primary Class 1 contributions paid or treated as paid on so much of a person’s earnings in respect of any contracted-out employment as exceed the current lower earnings limit but do not exceed the current upper earnings limit or the prescribed equivalents if he is paid otherwise than weekly;”;
(b) in the definition of “the standard level”, after the words “lower earnings limit for” there shall be inserted the word “primary”.

## 3 Saving

For the purpose of ascertaining a person’s earnings factors in respect of the year commencing on 6th April 2002 and any preceding year, the Earnings Factor Regulations shall have effect as if regulation 2 above had not been made.

## Signature

Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
7th March 2003

## Explanatory note

(This note is not part of the Regulations)
These Regulations further amend the Social Security (Earnings Factor) Regulations 1979 (S.I.1979/676).
In particular, regulation 2 substitutes two of the definitions in Schedule 1 to those Regulations. It substitutes the definition of “Class 1 contributions” to ensure that earnings factors are only derived from earnings up to the upper earnings limit and also the definition of “contracted-out contributions” so as to correspond with the new definition of “Class 1 contributions”. It also amends the definition of “the standard level” in that Schedule consequential upon the new definition of “Class 1 contributions”.
Regulation 3 disapplies the amendments in regulation 2 for the purpose of ascertaining a person’s earnings factors in respect of the 2002-3 tax year and any preceding tax year.
These Regulations do not impose any costs on business.

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Source: https://www.legislation.gov.uk/uksi/2003/608 (the official version)
Page: https://openlegislation.uk/social-security-earnings-factor-amendment-regulations-2003
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.