NIM07021 - Class 1 NICs: Payments made under employment legislation: Unfair dismissal: Pay arrears under a reinstatement order: NICs treatment
Sections 111-116 Employment Rights Act 1996
Section 112(3)(a) Social Security Contributions and Benefits Act 1992
Regulation 2(b) Social Security (Contributions) (Employment Protection) Regulations 1977
Under the above regulation, arrears of pay made under a reinstatement order are:
- treated as earnings payable by the person liable to make such payment to the person entitled to receive it; and
- to be so payable for the period specified by the employment tribunal.
The gross amount paid under a reinstatement order should be taken into account in assessing the NICs liability.
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