The Registered Pension Schemes and Relieved Non-UK Pension Schemes ( Enhanced Allowances Transitional Protection) (Individual Protection 2014 Notification) Regulations 2014

• Citation: S.I. 2014/1842
• Sections: 14

Section 1 Citation, commencement and interpretation

These Regulations may be cited as the Registered Pension Schemes and Relieved Non-UK Pension Schemes ( Enhanced Allowances Transitional Protection) (Individual Protection 2014 Notification) Regulations 2014 and come into force on 18th August 2014.

Section 2 Citation, commencement and interpretation

In these Regulations—

“amounts A, B, C and D” means the amounts calculated in accordance with paragraphs 2 to 5 of Schedule 6 to the Finance Act 2014 (individual protection 2014);

“ HMRC ” means Her Majesty’s Revenue and Customs;

“net appropriate amount” means the amount calculated in accordance with paragraph 1(7) of Schedule 6 to the Finance Act 2014;

“paragraph 1” means paragraph 1 of Schedule 6 to the Finance Act 2014;

“paragraph 1 notice” means a notice of intention to rely upon paragraph 1;

“the date” in relation to a pension debit means the date on which the notice of discharge of liability is issued under regulation 8(1) of the Pensions on Divorce etc. (Provision of Information) Regulations 2000 ; and

“tribunal” means the First-tier Tribunal or, where determined in accordance with the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 , the Upper Tribunal.

Section 3 Reliance on paragraph 1

(1) Subject to paragraph (2), an individual may rely on paragraph 1 if—

(a) the individual has given a paragraph 1 notice to HMRC, and

(b) HMRC have accepted that notice and issued a certificate to the individual in accordance with regulation 5.

(2) An individual may not rely on paragraph 1 if—

(a) HMRC have refused to accept a paragraph 1 notice in accordance with regulation 6, or

(b) HMRC have revoked the certificate in accordance with regulation 11.

Section 4 The paragraph 1 notice

(1) A paragraph 1 notice must include the following information—

(a) the title, full name, address (including post code, if applicable) and date of birth of the individual giving the paragraph 1 notice,

(b) the national insurance number of the individual or, where the individual does not qualify for a national insurance number, the reasons for this,

(c) the individual’s relevant amount,

(d) amounts A, B, C and D for the individual,

(e) the date, the appropriate amount and (if relevant) the net appropriate amount of any pension debit to which a relevant arrangement in relation to the individual became subject on or after 6th April 2014, and

(f) a declaration that paragraph 7 of Schedule 36 to the Finance Act 2004 (primary protection) does not apply in the case of the individual.

(2) A paragraph 1 notice must—

(a) be in a form prescribed by HMRC, and

(b) contain a declaration that the information provided in the notice is true and complete to the best of the knowledge and belief of the person completing the form.

Section 5 Issue of certificate by HMRC

(1) If HMRC accept the paragraph 1 notice, subject to paragraph (2) they must issue a certificate to the individual that includes the individual’s relevant amount and has a unique reference number.

(2) Paragraph (1) does not apply at any time when any of the provisions in paragraph 1(3) of Schedule 6 to the Finance Act 2014 applies in the case of the individual.

Section 6 Refusal by HMRC to accept notice

(1) HMRC may refuse to accept the paragraph 1 notice if it does not satisfy the requirements in regulation 4.

(2) If HMRC refuse to accept the paragraph 1 notice the individual may require that HMRC provide reasons for the refusal.

Section 7 Appeal against refusal to accept notice

(1) The individual may appeal against a refusal by HMRC to accept the paragraph 1 notice.

(2) The notice of appeal must be given to HMRC before the end of the period of 30 days beginning with the day on which the refusal to accept the paragraph 1 notice was given.

(3) Where an appeal under this regulation is notified to the tribunal, the tribunal must determine whether HMRC were entitled to take the view that the notice did not satisfy the requirements in regulation 4.

(4) If the tribunal allows the appeal, the tribunal may direct HMRC to accept the paragraph 1 notice and issue a certificate to the individual.

Section 8 Incorrect information given in, or in connection with, the paragraph 1 notice

If the individual realises that any information given in the paragraph 1 notice or given to HMRC in connection with that notice was incorrect or has become incorrect, the individual must provide HMRC with the correct information without undue delay.

Section 9 Requirement to notify HMRC of a pension debit

If HMRC accept the paragraph 1 notice the individual must—

(a) inform HMRC of the date, the appropriate amount and (if relevant) the net appropriate amount of any pension debit to which their rights under a relevant arrangement become subject, and

(b) provide that information before the end of the period of 60 days beginning with the date of the pension debit.

Section 10 Replacement of a certificate by HMRC

(1) HMRC may issue a certificate, replacing the previous certificate, if they have reason to believe that—

(a) information given in, or in connection with, the paragraph 1 notice was incorrect or has become incorrect, or

(b) the individual’s rights under a relevant arrangement have become subject to a pension debit.

(2) A certificate issued in accordance with regulation 10(1) must include the individual’s relevant amount and have a unique reference number.

Section 11 Revocation of a certificate by HMRC

HMRC may revoke a certificate if they—

(a) have reason to believe that any of the conditions in paragraph 1(1) of Schedule 6 to the Finance Act 2014 have not been met,

(b) have reason to believe that by virtue of a pension debit paragraph 1(2) of that Schedule has ceased to apply in the case of the individual as a consequence of paragraph 1(8) of that Schedule, or

(c) have given a taxpayer notice to the individual under Part 1 of Schedule 36 to the Finance Act 2008 (power to obtain information and documents from taxpayer) in connection with paragraph 1 and the individual does not reply to that notice within the time specified in the notice.

Section 12 Appeal against replacement or revocation of a certificate

(1) The individual may require HMRC to provide reasons for replacing or revoking the certificate.

(2) Paragraphs (1) and (2) of regulation 7 apply to a decision to replace or revoke the certificate as they apply to a refusal to accept the paragraph 1 notice.

(3) Where an appeal under this regulation is notified to the tribunal, the tribunal must determine whether HMRC replaced or revoked the certificate in accordance with regulations 10(1) or 11.

(4) If the tribunal allows the appeal, the tribunal may direct HMRC to issue a certificate to the individual.

Section 13 Preservation of documents

(1) If HMRC accept the paragraph 1 notice, the individual must preserve all documents relating to the calculation of the individual’s relevant amount and amounts A, B, C and D for a period of six years beginning with the day on which the individual gives notification to HMRC.

(2) Where HMRC have issued a certificate the individual must preserve the certificate until no further relevant benefit crystallisation event within the meaning of section 637S of ITEPA 2003 can occur in relation to the individual. The requirement to preserve the certificate ceases where the certificate has been replaced or revoked.

Section 14 Personal representatives

If an individual dies, anything under these Regulations which could have been done by the individual may be done by the individual’s personal representatives.