NIM16300 - Class 1A National Insurance contributions: Special Class 1A NICs cases: staff suggestion benefits

Section 10(1) of the Social Security Contributions and Benefits Act 1992 (SSCBA 1992)

The general NICs treatment of payments made in respect of staff suggestion awards is provided at NIM02350, including the conditions which must be satisfied for an to be exempt from either Class 1 or Class 1A NICs.

Sections 321 and 322 of ITEPA 2003 exempt from Income Tax, certain awards or financial benefits made to an employee if the conditions in those sections are satisfied. If the conditions are satisfied and the awards do not exceed the permitted maximum that can be paid or provided free of tax, there can be no general earnings chargeable to Income Tax so section 10(1)(a) of the SSCBA 1992. Therefore, there will be no Class 1A NICs liability.

If the conditions are not satisfied, the awards will be general earnings chargeable to income under ITEPA 2003. In these circumstances section 10(1)(a) of the SSCBA 1992 will be satisfied. If the other conditions listed in NIM13021 are satisfied Class 1A NICs liability will arise.

If the conditions are satisfied but the amounts paid exceed the permitted maximum (EIM06600) the amounts above the permitted maximum that can be awarded free of Income Tax, will be general earnings chargeable to income under ITEPA 2003. In these circumstances section 10(1)(a) of the SSCBA 1992 will be satisfied. If the other conditions listed in NIM13021 are satisfied Class 1A NICs liability will arise on the amounts above the permitted maximum.

Prior to 6 April 2003 different rules applied.

Staff suggestion award – mixture of benefits and cash or vouchers

Where a staff suggestion award is provided in more than one form, for example, partially in cash and partially by means of benefits, the various elements making up the staff suggestion award must be added together to determine whether the permitted maximum is exceeded. Where the permitted maximum is exceeded, the class of NICs due on that amount which exceeds the prescribed maximum will depend upon how the staff suggestion is made up.

Where an award comprises of different elements:

• Class 1A NICs will be due on any element consisting of a benefit
• Class 1 NICs will be due on any cash or voucher

Staff suggestion awards – non-benefits

Where a staff suggestion award exceeds the permitted maximum that can be paid free of Income Tax, if what is provided is not disregarded from earnings under paragraph 1 of Part 2 of Schedule 3 to the SSCR 2001 (the payment in kind disregard - see NIM02020), section 10(1)(c) of the SSCBA 1992 will not be satisfied (see NIM13090). In these circumstances Class 1A NICs are not due, but the amount of the earnings should be added to gross pay when calculating Class 1 NICs liability.