Statutory Instruments
2007 No. 2071
social security
The Social Security Contributions and Benefits Act 1992 (Modification of Section 4A) Order 2007
Made
23rd July 2007
Laid before Parliament
23rd July 2007
Coming into force
24th July 2007
The provisions of Part 2 of the Income Tax (Earnings and Pensions) Act 2003( 1 ) are modified by paragraphs 3 and 4 of Schedule 3 to the Finance Act 2007( 2 ).
It appears to the Treasury to be expedient, in consequence of those modifications, to modify the provisions of section 4A of the Social Security Contributions and Benefits Act 1992( 3 ) which precede subsection (9) for the purpose of assimilating the law relating to income tax and the law relating to contributions under Part 1 of that Act.
This Order contains modifications which the Treasury think appropriate in consequence of the first recital above.
Accordingly, the Treasury make the following Order in exercise of the power conferred upon them by section 4A(9) of the Social Security Contributions and Benefits Act 1992.
The Secretary of State concurs in the making of this Order.
Citation and commencement
1. This Order may be cited as the Social Security Contributions and Benefits Act 1992 (Modification of Section 4A) Order 2007 and shall come into force on 24th July 2007.
Modification of section 4A of the Social Security Contributions and Benefits Act 1992
2. —(1)Section 4A of the Social Security Contributions and Benefits Act 1992 is modified as follows.
(2) After subsection (2) insert—
“ (2A) Regulations may also make provision for securing that, where the services of an individual (“the worker”) are provided (directly or indirectly) by a managed service company (“the MSC ”) relevant payments or benefits are, to the specified extent, to be treated for the purposes of the applicable provisions of this Act as earnings paid to the worker in respect of an employed earner’s employment of his.
(2B) In subsection (2A) “managed service company” has the same meaning as it has for the purposes of Chapter 9 of Part 2 of ITEPA 2003 . ” .
(3) In subsection (3)( 4 )—
(a) in paragraph (a) after “by the intermediary” insert “or the MSC (as the case requires)”;
(b) in paragraph (b) for “intermediary (whether or not he fulfils” substitute “intermediary or the MSC (whether or not fulfilling”;
(c) in paragraph (g) after “the intermediary” insert “or the MSC”.
(4) In subsection (4)(b)—
(a) in sub-paragraph (i) after “intermediary” insert “or the MSC”; and
(b) in sub-paragraph (ii) for “him” substitute “that person”.
(5) In subsection (6) in the definition of “relevant payments or benefit” after “the intermediary” insert “or the MSC,”.
Dave Watts
Frank Roy
Two of the Lords Commissioners for Her Majesty’s Treasury
23rd July 2007
The Secretary of State concurs.
Peter Hain
Secretary of State for Work and Pensions
23rd July 2007
2003 c. 1 (referred to below as “ITEPA 2003”).
1992 c. 4 . Section 4A was inserted by section 75 of the Welfare Reform and Pensions Act 1999 (c.30) and amended by paragraph 289 of Schedule 1 to the Income Tax Act 2007 (c. 3) . It has previously been modified by S.I. 2003/1874 .
Paragraph (i) of this subsection was amended by paragraph 289 of Schedule 1 to the Income Tax Act 2007.