NIM09653 - Earnings periods: directions issued in accordance with regulation 31, SS(C)R 2001: examples
Regulation 31 of the Social Security (Contributions) Regulations 2001 (SSCR 2001) (SI 2001 No 1004)
It is not possible to lay down precise and simple rules for applying regulation 31 because the circumstances in which it can be applied vary widely. The following examples illustrate the types of cases which could merit the issue of direction under regulation 31.
Example 1 - Unequal Payments
| Employee | Weekly wage | Annual lump sum |
|---|---|---|
| Employee 1 | £400 = £20,800 p.a. | £18,000 |
| Employee 2 | £300 = £15,600 p.a. | £18,000 (regulation 3(2B) refers) |
| Employee 3 | £145 = £7,450 p.a. | £7,000 |
Only employee 2 satisfies the criteria for a direction under regulation 3(2B), see NIM09500, but assuming that that employee is paying standard rate contributions he or she will pay more on total earnings of £33,600 than employee 1 would pay on total earnings of £38,800. Employee 3 would only pay one week’s maximum (plus the additional primary rate) on total annual earnings of £14,450.
Providing a regulation 3(2B) notification has not already been issued in respect of employee 2, regulation 31 directions would be appropriate on all three employees.
Example 2 - Irregular Payments
An employee is paid a regular weekly wage of £138 but large additional payments at irregular intervals, for example £2,000 in May, £1,000 in September, £600 in November and £1,200 in January. This case would merit a direction under regulation 31.
Example 3 - unequal payments
A salesman receives a basic weekly wage of £350 per month but this is supplemented by regular monthly commission payments of varying amounts:
| Month | Amount |
|---|---|
| January | £400 |
| February | £1000 |
| March | £1500 |
| April | £400 |
| May | £600 |
| June | £200 |
| July | £500 |
| August | £600 |
| September | £600 |
| October | £400 |
| November | £400 |
| December | £800 |
This case would merit a direction under regulation 31.