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    " (11) Where an amount is retrospectively treated as earnings ("retrospective earnings") by regulations made by virtue of section 4B(2) of the Act, the "due date" for earnings-related contributions in respect of those earnings is the date given by paragraph 11A of Schedule 4 to the Social Security (Contributions) Regulations 2001, for the purposes of this regulation and regulations 5 and 5A."

    (4) After regulation 5 insert—

" Treatment for the purpose of any contributory benefit of duly paid primary Class 1 contributions in respect of retrospective earnings
     5A. Where a primary Class 1 contribution payable in respect of retrospective earnings is paid by the due date, it shall be treated—


(a) for the purposes of the first contribution condition of entitlement to a contribution-based jobseeker's allowance or short-term incapacity benefit, as paid on the day on which payment is made of the retrospective earnings in respect of which the contribution is payable; and

(b) for any other purpose relating to entitlement to any contributory benefit, as paid on the due date.".

Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
     3. —(1) The Occupational Pension Schemes (Contracting-out) Regulations 1996[7] are amended as follows.

    (2) In regulation 1(2)—

(a) in the definition of "earnings period" for "1979" substitute "2001";

(b) in the definition of "emoluments" for "the Contributions and Benefits Act" substitute “Parts 1 to 5 of the Contributions and Benefits Act, including any amount retrospectively treated as earnings ("retrospective earnings") by retrospective contributions regulations;“;

(c) add at the appropriate place the following definition—

" "retrospective contributions regulations" means regulations made by virtue of section 4B(2) of the Contributions and Benefits Act and, in relation to an amount of retrospective earnings, "the relevant retrospective contributions regulations" means the regulations which treated that amount as earnings;".

    (3) In regulation 31 after paragraph (5) insert—

    " (5A) In the case of retrospective earnings (see the definition of "emoluments") the employer may recover the minimum payments relating to those earnings from any payment of emoluments to that earner made after the relevant retrospective contributions regulations come into force and during the same tax year.

    (5B) Any amount deducted under paragraphs (5) and (5A) may be in addition to, but shall not exceed, any amount deducted from the same payment of emoluments under paragraphs (3) or (4)."

    (4) In regulation 32 after paragraph (1) insert—

    " (1A) In the case of retrospective earnings, the employer shall make to the trustees of the scheme any additional minimum payments which fall to be made by him, within 14 days of the end of the income tax month in which the relevant retrospective contributions regulations come into force."

Amendment of the Statutory Maternity Pay (General) Regulations 1986
     4. —(1) The Statutory Maternity Pay (General) Regulations 1986[8] are amended as follows.

    (2) In regulation 20(2)(a)[9] for the words "from the computation" to "1979" substitute "or disregarded in the calculation of a person's earnings under regulation 25, 27 or 123 of, or Schedule 3 to, the Social Security (Contributions) Regulations 2001".

    (3) In regulation 20(4)[10] before sub-paragraph (a) insert—

" (za) any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Contributions and Benefits Act;".

    (4) In regulation 21B(b)[11] for the words from "receiving" to the end substitute—

" —


(i) receiving a pay increase referred to in regulation 21(7), or

(ii) being treated as having been paid retrospective earnings under regulation 20(4)(za),".

Amendment of the Statutory Sick Pay (General) Regulations 1982
     5. —(1) The Statutory Sick Pay (General) Regulations 1982[12] are amended as follows.

    (2) In regulation 17(2)(a)[13] for the words "from the computation" to "1979" substitute "or disregarded in the calculation of a person's earnings under regulation 25, 27 or 123 of, or Schedule 3 to, the Social Security (Contributions) Regulations 2001".

    (3) In regulation 17(3)[14] before sub-paragraph (a) insert—

" (za) any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Contributions and Benefits Act;".

Amendment of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002
     6. —(1) The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002[15] are amended as follows.

    (2) In regulation 39(3) before sub-paragraph (a) insert—

" (za) any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Act;".

Amendment of the Social Security (Maternity Allowance) (Earnings) Regulations 2000
     7. —(1) The Social Security (Maternity Allowance) (Earnings) Regulations 2000[16] are amended as follows.

    (2) In regulation 1(2) (interpretation) for the definition of "the Contributions Regulations" substitute—

" "the Contributions Regulations" means the Social Security (Contributions) Regulations 2001;".

    (3) In regulation 2—

(a) in paragraph (1) before sub-paragraph (a) insert—


" (za) any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Contributions and Benefits Act,"; and



(b) in paragraph (2) for "19, 19A or 19B of" substitute "25, 27 or 123 of, or Schedule 3 to,".

Amendment of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996
     8. —(1) The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996[17] are amended as follows.

    (2) In regulation 1(2)—

(a) in the definition of "earnings period" for "1979" substitute "2001";

(b) in the definition of "emoluments" for "the Contributions and Benefits Act" substitute “Parts 1 to 5 of the Contributions and Benefits Act, including any amount retrospectively treated as earnings ("retrospective earnings") by retrospective contributions regulations;“;

(c) add at the appropriate place the following definition—

" "retrospective contributions regulations" means regulations made by virtue of section 4B(2) of the Contributions and Benefits Act and, in relation to an amount of retrospective earnings, "the relevant retrospective contributions regulations" means the regulations which treated that amount as earnings;".

    (3) In regulation 31 after paragraph (5) insert—

    " (5A) In the case of retrospective earnings (see the definition of "emoluments") the employer may recover the minimum payments relating to those earnings from any payment of emoluments to that earner made after the relevant retrospective contributions regulations come into force and during the same tax year.

    (5B) Any amount deducted under paragraphs (5) and (5A) may be in addition to, but shall not exceed, any amount deducted from the same payment of emoluments under paragraphs (3) or (4)."

    (4) In regulation 32 after paragraph (1) insert—

    " (1A) In the case of retrospective earnings, the employer shall make to the trustees of the scheme any additional minimum payments which fall to be made by him, within 14 days of the end of the income tax month in which the relevant retrospective contributions regulations come into force."

Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001
     9. —(1) The Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001[18] are amended as follows.

    (2) In regulation 1(2), in the definition of "due date", before "means" insert "(subject to regulation 4(11))".

    (3) In regulation 4 at the end add—

    " (11) Where an amount is retrospectively treated as earnings ("retrospective earnings") by regulations made by virtue of section 4B(2) of the Act, the "due date" for earnings-related contributions based on those earnings is the date given by paragraph 11A of Schedule 4 to the Social Security (Contributions) Regulations 2001, for the purposes of this regulation and regulations 5 and 5A."

    (4) After regulation 5 insert—

" Treatment for the purpose of any contributory benefit of duly paid primary Class 1 contributions in respect of retrospective earnings
     5A. Where a primary Class 1 contribution payable in respect of retrospective earnings is paid by the due date, it shall be treated—


(a) for the purposes of the first contribution condition of entitlement to a contribution-based jobseeker's allowance or short-term incapacity benefit, as paid on the day on which payment is made of the retrospective earnings in respect of which the contribution is payable; and

(b) for any other purpose relating to entitlement to any contributory benefit, as paid on the due date."

Amendment of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987
     10. —(1) The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987[19] are amended as follows.

    (2) In regulation 20(2)[20] for sub-paragraph (a) substitute—

" (a) excluded or disregarded in the calculation of a person's earnings under regulation 25, 27 or 123 of, or Schedule 3 to, the Social Security (Contributions) Regulations 2001; or".

    (3) In regulation 20(4)[21] before sub-paragraph (a) insert—

" (za) any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Contributions and Benefits Act;".

    (4) In regulation 21B(b)[22] for the words from "receiving" to the end substitute—

" —


(i) receiving a pay increase referred to in regulation 21(7), or

(ii) being treated as having been paid retrospective earnings under regulation 20(4)(za),".

Amendment of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982
     11. —(1) The Statutory Sick Pay (General) Regulations (Northern Ireland) 1982[23] are amended as follows.

    (2) In regulation 17(2)[24] for sub-paragraph (a) substitute—

" (a) excluded or disregarded in the calculation of a person's earnings under regulation 25, 27 or 123 of, or Schedule 3 to, the Social Security (Contributions) Regulations 2001; or".

    (3) In regulation 17(3)[25] before sub-paragraph (a) insert—

" (za) any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Contributions and Benefits Act;".

Amendment of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002
     12. —(1) The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002[26] are amended as follows.

    (2) In regulation 39(3) before sub-paragraph (a) insert—

" (za) any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Act;".

Amendment of the Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000
     13. —(1) The Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000[27] are amended as follows.

    (2) In regulation 2—

(a) in paragraph (1) before sub-paragraph (a) insert—


" (za) any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Contributions and Benefits Act,"; and



(b) in paragraph (2) for "19, 19A" to the end substitute "25, 27 or 123 of, or Schedule 3 to, the Social Security (Contributions) Regulations 2001 (payments to be disregarded)".

Modifications to other contributions legislation (contributory benefits, statutory payments etc.)
     14. —(1) In this regulation—

"relevant legislation" means legislation relating to purposes mentioned in section 4C(2)(b) to (e) of the Social Security Contributions and Benefits Act 1992 ("the Act") or section 4C(2)(b) to (e) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ("the Northern Ireland Act");

"retrospective contributions regulations" means regulations made by virtue of section 4B(2) of the Act or of the Northern Ireland Act, as the case may be and, in relation to an amount retrospectively treated as earnings, "the relevant retrospective contributions regulations" means the regulations which treated that amount as earnings;

"the relevant time" means the time before the relevant retrospective contributions regulations are made; and

"the revised earnings" means the earnings, in respect of the employment, paid to or for the benefit of the earner at the relevant time as determined after applying the relevant retrospective contributions regulations.

    (2) References in any relevant legislation, or any provision made under any such legislation, which relate to—

(a) the earnings in respect of the employment, paid to or for the benefit of the earner at the relevant time, or

(b) the amount of such earnings so paid at that time,

are to be read, to the extent they would not otherwise be and in so far as they so relate, as references which relate to the revised earnings or, as the case may be, the amount of those earnings.

    (3) Any matter which, at the time when the relevant retrospective contributions regulations are made, has been determined for the purposes of any relevant legislation, or any provision made under any such legislation, wholly or partly by reference to—

(a) the earnings, in respect of the employment, paid to or for the benefit of the earner at the relevant time, or

(b) the amount of such earnings so paid at that time,

is to be re-determined (to the extent it would not otherwise be) as it would have been determined at the time of the original determination if it had been determined wholly or partly, as the case may be, by reference to the revised earnings or the amount of those earnings.


Claire Ward

Dave Watts
Two of the Lords Commissioners of Her Majesty's Treasury

29th March 2007



The Secretary of State concurs.



Signed by authority of the Secretary of State for Works and Pensions


James Purnell
Minister of State Department of Work and Pensions

31st March 2007



The Department for Social Development concurs.



Sealed with the Official Seal of the Department for Social Development on the


28th day of March 2007.

L.S.

John O'Neill
Senior Officer of the Department for Social Development


The Department for Employment and Learning concurs.



Sealed with the Official Seal of the Department for Employment and Learning on the


28th day of March 2007.

L.S.

D.S.S. McAuley
Senior Officer of the Department for Employment and Learning

[2] 1992 c. 7; section 4C was inserted by section 2(1) of the National Insurance Contributions Act 2006.back

[3] Section 176(1)(a) was relevantly amended by section 1(2) of the National Insurance Contributions Act 2006.back

[4] Section 172(11A) was inserted by paragraph 29(5) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and relevantly amended by section 2(2) of the National Insurance Contributions Act 2006.back

[5] Section 4B (in each Act) was inserted by sections 1(1) and 2(1) of the National Insurance Contributions Act 2006 respectively.back

[6] S.I. 2001/769.back

[7] S.I. 1996/1172.back

[8] S.I 1986/1960.back

[9] Regulation 20(2) was substituted by regulation 12 of S.I. 1999/567, and is prospectively amended by paragraph 54 of Schedule 8 to S.I. 2006/1031.back

[10] Regulation 20(4) was relevantly amended by regulation 5(a) of S.I. 2002/2690.back

[11] Regulation 21B was substituted by regulation 4 of S.I. 2005/729.back

[12] S.I. 1982/894.back

[13] Regulation 17(2) was substituted by regulation 13 of S.I. 1999/567, and is prospectively amended by paragraph 51 of Schedule 8 to S.I. 2006/1031.back

[14] Regulation 17(3) was relevantly amended by regulation 14(a) of S.I. 2002/2690.back

[15] S.I. 2002/2822; there are no relevant amendments.back

[16] S.I. 2000/688; there are no relevant amendments.back

[17] S.R. 1996 No. 493.back

[18] S.R. 2001 No. 102.back

[19] S.R. 1987 No. 30.back

[20] Regulation 20(2) was substituted by regulation 12 of S.R. 1999 No. 117.back

[21] Regulation 20(4) was relevantly amended by regulation 2(3)(a) of S.R. 2002 No. 359.back

[22] Regulation 21B was substituted by regulation 2(4) of S.R. 2005 No. 134.back

[23] S.R. 1982 No. 263.back

[24] Regulation 17(2) was substituted by regulation 11 of S.R. 1999 No. 117.back

[25] Regulation 17(3) was relevantly amended by regulation 4(a) of S.R. 2002 No. 359.back

[26] S.R. 2002 No. 378; there are no relevant amendments.back

[27] S.R. 2000 No. 104; there are no relevant amendments.back

 © Crown copyright 2007