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The Commissioners of Inland Revenue, in exercise of the powers conferred upon them by sections 25(1) and (2), 65 and 67 of the Tax Credits Act 2002[1], and with the consent of the Scottish Ministers[2], hereby make the following Regulations: Citation, commencement and effect 1. - (1) These Regulations may be cited as the Working Tax Credit (Payment by Employers) Regulations 2002 and shall come into force on 1st March 2003. (2) These Regulations have effect in relation to payments of working tax credit for periods beginning on or after 6th April 2003. Interpretation 2. - (1) In these Regulations -
(b) if the trade, profession, vocation or business of the employer is carried on at more than one place, the head office or the place where it is mainly carried on;
(2) Any notice given under these Regulations to or by the Board must be in writing.
(b) where a person is the employee of more than one such employer, the employer who normally employs the employee for the higher (or highest) number of hours each week.
This is subject to paragraph (2).
Notification to relevant employer of employee's entitlement to working tax credit (start notice)
(b) the name of the employee; (c) the employee's national insurance number and (if known) his payroll number; (d) the date from which the employer is to be responsible for payment of working tax credit to the employee ("the commencement date"); (e) the daily rate of working tax credit applicable to each calendar day starting with the commencement date, and a table showing the multiples from 1 to 31 of that daily rate; (f) instructions to the employer to pay working tax credit to the employee at the same time that the employer makes a payment of emoluments to the employee.
(3) The commencement date contained in the start notice shall not be earlier than the date which is 42 days after the date of issue of the start notice.
(b) the amended amount differs from the previous amount by an amount equal to or exceeding 30 pence per day,
the Board shall give notice to the relevant employer of the amended amount ("amendment notice").
(b) the name of the employee; (c) the employee's national insurance number and (if known) his payroll number; (d) the date from which the employer is to be responsible for payment of the amended amount of working tax credit to the employee ("the commencement date"); (e) the daily rate of the amended amount of working tax credit applicable to each calendar day starting with the commencement date, and a table showing the multiples from 1 to 31 of that daily rate; (f) instructions to the employer to pay the amended amount of working tax credit to the employee at the same time that the employer makes a payment of emoluments to the employee, commencing with the pay period in which the commencement date falls.
(3) The commencement date contained in the amendment notice shall not be earlier than the date which is 42 days after the date of issue of the amendment notice.
Calculate the amount of working tax credit which the employee is entitled to be paid for each pay period in respect of which the employer will be responsible for paying working tax credit to the employee in accordance with the start notice. Step Two On making any payment of emoluments to the employee in respect of any date falling on or after the commencement date contained in the start notice, pay to the employee the amount of working tax credit to which he is entitled for the pay period in respect of which that payment of emoluments is made.
(2) If the relevant employer receives a start notice in respect of an employee but -
(b) becomes aware before the first date on which a payment of emoluments is due in respect of any date falling on or after the commencement date contained in the start notice that the employee has left his employment, or will leave his employment before the end of the third consecutive pay period,
he must return the start notice to the Board, indicating on the notice his reasons for doing so.
Calculate the amount of working tax credit which the employee is entitled to be paid for each pay period in respect of which the employer will be responsible for paying working tax credit to the employee in accordance with the amendment notice. Step Two On making any payment of emoluments to the employee in respect of any date falling on or after the commencement date contained in the amendment notice, pay to the employee the amount of working tax credit to which he is entitled for the pay period in respect of which that payment of emoluments is made.
(4) If the relevant employer receives an amendment notice in respect of an employee but becomes aware that the employee will leave his employment before the first date on which he is due to make a payment of emoluments to the employee following the commencement date contained in the amendment notice, he must return the amendment notice to the Board, indicating on the notice his reasons for doing so.
(b) to continue to pay working tax credit to the employee for that period as if he had made a payment of emoluments in that period.
(12) Where the relevant employer chooses not to make any payment of working tax credit to an employee for a pay period in the circumstances mentioned in paragraph (11), he must, not later than 7 days following the end of that pay period, inform the Board that he has made no payment of working tax credit for that pay period.
(2) The relevant employer shall fund payment of working tax credit for the relevant period in accordance with the following rules.
The relevant employer shall fund any payment of working tax credit for the relevant period from amount A for that period. Amount A shall accordingly be reduced by the amount of working tax credit which the employer has paid in respect of that period. Rule 2 If the total amount of working tax credit which the relevant employer is required to pay for the relevant period exceeds amount A for that period, the employer shall fund payment of working tax credit for that period (or so much of the payment as remains outstanding) from the aggregate of amount A and amount B for that period. That aggregate shall accordingly be reduced by the amount used to fund payment of working tax credit for that period. Rule 3 If the total amount of working tax credit which the relevant employer is required to pay for the relevant period exceeds the aggregate of amount A and amount B for that period, the employer shall fund payment of working tax credit for that period (or so much of the payment as remains outstanding) from the aggregate of amount A, amount B and amount C for that period. That aggregate shall accordingly be reduced by the amount used to fund payment of working tax credit for that period. Rule 4 If the total amount of working tax credit which the relevant employer is required to pay for the relevant period exceeds the aggregate of amount A, amount B and amount C for that period, the employer shall fund payment of working tax credit for that period (or so much of the payment as remains outstanding) from the aggregate of amount A, amount B, amount C and amount D for that period. That aggregate shall accordingly be reduced by the amount used to fund payment of working tax credit for that period. Rule 5 If the total amount of working tax credit which the relevant employer is required to pay for the relevant period exceeds the aggregate of amount A, amount B, amount C and amount D for that period, the employer may apply to the Board in accordance with regulation 8 to fund payment of working tax credit for that period (or so much of the payment as remains outstanding).
(3) References in paragraph (1) to the total amount in the case of each of amount A, amount B, amount C and amount D are references to that total amount unreduced by any other amount which the relevant employer is entitled by virtue of any enactment to set off against that total amount.
(b) the relevant employer considers that that rule will apply on the date of any subsequent payment of emoluments to one or more employees who are entitled to working tax credit,
the employer, or an agent authorised by him for that purpose, may apply to the Board for funding on a form provided, or in a form in writing that is approved, by the Board.
(b) the obligations of the employer under any start notice or amendment notice issued to him to make payments of working tax credit, and his fulfilment of those obligations.
(4) The Board may vary the amount payable in accordance with paragraph (3), or may make a determination superseding that amount, if it has become inappropriate for any reason or they have reason to believe that it was incorrect at the time it was determined as payable in accordance with that paragraph.
(b) the amount determined under paragraph (3), and (c) any variation or supersession of that amount under paragraph (4).
(6) An employer may appeal to the General Commissioners against -
(b) the amount determined under paragraph (3), or (c) any variation or supersession of that amount under paragraph (4).
(7) An appeal under paragraph (6) shall be made by giving notice to the Board within thirty days of the issue of the Board's notification under paragraph (5).
(b) confirm, increase or reduce the amount determined under paragraph (3), or (c) confirm, increase or reduce any variation or supersession of that amount under paragraph (4).
(11) Subject to paragraph (9), the determination of the General Commissioners shall be final.
(b) the General Commissioners determine the appropriate amount of funding in a sum which exceeds the amount determined as payable under paragraph (3), or that amount as varied or superseded under paragraph (4),
the Board shall pay to the employer the amount of the excess.
(b) the employer's entitlement to receive funding from the Board has not terminated in accordance with regulation 11,
the Board shall, following the end of that year, send to the relevant employer a form for renewal of funding ("renewal form") containing details relating to the funding of payments of working tax credit made by him.
(b) the failure by the relevant employer to return to the Board within the time stated in regulation 9 (2) a renewal form duly signed and completed; (c) the failure by the relevant employer to respond to attempts by the Board on more than one occasion to contact him in relation to the provision of funds to him.
Termination of relevant employer's obligation to pay working tax credit (stop notice)
(b) the employee ceases to be employed by the employer otherwise than by reason of the employee's death, or (c) a stop notice is issued by the Board to the employer notifying the employer to cease payment of working tax credit to the employee.
(2) A stop notice under paragraph (1)(c) shall contain the following particulars -
(b) the name of the employee concerned; (c) the employee's national insurance number and (if known) his payroll number; (d) the latest date for which working tax credit is payable to the employee ("the latest payable date").
(3) Except where an earlier date has been agreed between the Board and the relevant employer, the latest payable date for the purposes of paragraph (2)(d) shall not be earlier than 42 days after the date of issue of the stop notice.
(b) subsequently becomes aware that the employee has died,
he must inform the Board, not later than 7 days after becoming aware of the employee's death, of the latest day for which he has paid working tax credit in respect of the employee.
(b) subsequently becomes aware that the employee has left his employment,
he must inform the Board, not later than 7 days after becoming aware that the employee has left his employment, of the latest day for which he has paid working tax credit in respect of the employee.
(b) chooses in the circumstances referred to in regulation 6(11) not to make a payment of working tax credit to an employee, and (c) in either case reaches agreement with the Board as to the date from which he is to resume making payments of working tax credit to the employee,
the Board shall take the action specified in paragraphs (2) to (4).
(b) the name of the employee; (c) the employee's national insurance number and (if known) his payroll number; (d) the commencement date referred to in regulation 4(2)(d) or (as the case may be) regulation 5(2)(d); (e) the latest date for which working tax credit is payable to the employee.
(6) A restart notice under paragraph (3) shall contain the following particulars -
(b) the name of the employee; (c) the employee's national insurance number and (if known) his payroll number; (d) the date from which the employer is to resume making payments of working tax credit to the employee ("restart date"); (e) the daily rate of working tax credit applicable to each calendar day starting with the restart date, and a table showing the multiples from 1 to 31 of that daily rate.
(7) Regulation 6(1) and (5) to (10) applies in relation to the receipt by the relevant employer of a restart notice under this regulation as it applies to the receipt by him of a start notice.
(b) in respect of a class or classes of employees specified in the notice of determination (without naming the individual employees), or in respect of one or more employees named in the notice of determination.
(4) Subject to the following provisions of this regulation, the following enactments shall apply with any necessary modifications to a determination under this regulation as if it were an assessment and as if the amount of funds determined were income tax charged on the employer -
(5) An appeal against a determination under this regulation that is to be brought before the General Commissioners pursuant to paragraph (4) shall be brought before the General Commissioners for the division in which the employer's place of business is situated.
(b) such of those wages sheets, deductions working sheets or other documents and records as may be specified by the authorised officer.
(3) The prescribed place for the purposes of paragraph (1) means -
(b) in default of such agreement, the place in the United Kingdom at which the documents and records referred to in paragraph (2)(a) are normally kept, or (c) in default of such agreement and if there is no such place as is referred to in subparagraph (b), the employer's principal place of business in the United Kingdom.
(4) The authorised officer may -
(b) remove any document so produced if it appears to him to be necessary to do so, at a reasonable time and for a reasonable period.
(5) Where any document is removed in accordance with paragraph (4)(b), the authorised officer shall provide a receipt for that document. (This note is not part of the Regulations) These Regulations make provision in relation to the payment of working tax credit under the Tax Credits Act 2002 (c. 21) by employers to their employees from 6th April 2003 onwards. Regulation 1 provides for citation, commencement and effect, and regulation 2 for interpretation. Regulation 3 defines "relevant employer" for the purposes of the Regulations. Regulation 4 provides for the issue of start notices to employers by the Board of Inland Revenue ("the Board") notifying them to commence paying working tax credit. Regulation 5 provides for the issue of amendment notices by the Board to an employer where the amount of working tax credit to which his employee is entitled changes. Regulation 6 specifies the obligation of employers to whom start notices or amendment notices are issued to calculate and pay working tax credit to employees in accordance with the notices. Regulation 7 sets out how payment of working tax credit is to be funded by the employer. Regulation 8 enables the employer to apply to the Board for funding in order to pay working tax credit. Regulation 9 provides for renewal of funding by the Board for each income tax year. Regulation 10 enables the employer to notify the Board in the course of an income tax year if, as a result of a change of circumstances, any of the details recorded on an application form for funding under regulation 8, or on a renewal form under regulation 9, cease to be correct. Regulation 11 provides for termination of funding by the Board in certain circumstances. Regulation 12 provides for circumstances in which the obligation of an employer to pay working tax credit is terminated, including the issue of a stop notice by the Board. Regulation 13 provides for the issue of an emergency stop notice and restart notice by the Board when there is a temporary break in the payment of working tax credit by an employer to an employee. Regulation 14 provides for the determination of an amount of funding to be repaid to the Board where it transpires that that amount has not been used by the employer to fund payment of working tax credit. Regulation 15 provides for the inspection of an employer's records by an authorised officer of the Board so as to determine whether the employer is complying with the provisions of these Regulations. Notes: [1] 2002 c. 21. Section 67 is cited because of the meaning it ascribes to the word "prescribed".back [2] See section 65(5) of the Tax Credits Act 2002 (regulations under section 25 of that Act relating to appeals in Scotland not to be made without the consent of the Scottish Ministers).back [7] Regulation 39 was amended by regulation 3 of S.I. 1995/1284.back [8] Regulation 43 was amended by regulation 14 of S.I. 1998/2484 and regulations 7 and 15 of S.I. 2001/1081.back [9] 1998 c. 30. Regulations made under section 22(5) of the Teaching and Higher Education Act 1998 and section 73B(3) of the Education (Scotland) Act 1980 are the Education (Student Loans) (Repayment) Regulations 2000 (S.I. 2000/944).back [10] 1980 c. 44. Section 73B was inserted by section 29(2) of the Teaching and Higher Education Act 1998.back [11] S.I. 1988/1760 (N.I. 14). Relevant instruments made under S.I. 1988/1760 (N.I. 14) are S.R. 1999 Nos. 192 and 370.back [12] Section 559 was amended by S.I. 1989/2405 Schedule 9 paragraph 61 and Schedule 10, section 139(1) and (2) of, and paragraph 1(2) and (3) of Schedule 27 and Part VIII(21) of Schedule 29 to, the Finance Act 1995 (c. 4), and sections 55(2) and 57 of, and paragraph 1 of Schedule 7 and paragraph 2(1) of Schedule 8 to, the Finance Act 1998 (c. 36).back [13] S.I. 1993/743. Relevant amending instruments are S.I. 1995/448, 1996/981, 1998/2622 and 2000/1151.back [14] S.I. 1994/1812, amended by S.I. 1999/3293.back [15] 1989 c. 26; relevant amendments were made by paragraph 1(3) of Schedule 4 to the Finance 1998 (c. 36).back [16] Relevant amendments to section 824 were made by sections 196 and 199(2)(a) of, and paragraph 41 of Schedule 19 and Part V of Schedule 26 to, the Finance Act 1994 (c. 9). Relevant amendments to section 826 were made by section 180(6) and (7) of the Finance Act 1989, sections 196 and 199 of, and paragraph 42 of Schedule 19 to, the Finance Act 1994, paragraphs 1 and 2 of Schedule 4 to the Finance Act 1998 and S.I. 1998/3173.back [17] S.I. 1994/1812, amended by S.I. 1999/3293.back [18] S.I. 1994/1811, amended by S.I. 1999/3292 and 2000/288.back [19] Section 65 was amended by section 57(1)(a), (b) and (c) of the Finance Act 1984 (c. 43) and paragraph 30 of Schedule 19 to the Finance Act 1998 (c. 36). Section 66 was amended by section 57(2) of the Finance Act 1984, Part II of Schedule 1 to the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397), the High Court and County Courts Jurisdiction Order 1991 (S.I. 1991/724) and section 89(1) of, and Part 2(14) of Schedule 33 to, the Finance Act 2001 (c. 9). Section 67 was amended by section 58 of, and Part III of Schedule 15 to, the Finance Act 1976 (c. 40), section 156 of the Finance Act 1995 (c. 4) and section 89(1) of, and Part 2(14) of Schedule 33 to, the Finance Act 2001.back
ISBN 0 11 042728 9
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