Social Welfare (Miscellaneous Provisions) Act 2004

PART 3

Miscellaneous Amendments

Amendment to Health Contributions Act 1979.

20.—The Health Contributions Act 1979 is amended by inserting after section 7A (as amended by section 16 of the Social Welfare (Miscellaneous Provisions) Act 2002 ) the following:

“Certain agreements entered into with Revenue Commissioners.

7B.—(1) Where, for a year of assessment (within the meaning of the Tax Acts), the Revenue Commissioners and an employer enter into an agreement under a specified provision of the Taxes Consolidation Act 1997 whereby the employer will account to the Revenue Commissioners, in accordance with that provision, in respect of the income tax due on qualifying emoluments (within the meaning of that provision) and where that agreement is not null and void, then, in respect of those qualifying emoluments, the employer—

(a) as part of that agreement, shall make a payment in respect of health contributions equal to the appropriate percentage, for the contribution year corresponding to the year of assessment, of the aggregate of the amount of those qualifying emoluments and the amount of income tax payable under the agreement in respect of them, and

(b) notwithstanding any other enactment, shall not be entitled to recover from the individual, who is in receipt of the qualifying emoluments, any part of a contribution paid in accordance with paragraph (a).

(2) In this section—

‘appropriate percentage’, in relation to a contribution year, means a percentage equal to the rate at which health contributions are payable for that contribution year;

‘specified provision’ means such provision as may be prescribed by regulations made by the Minister for the purposes of this section.”.