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Regulation 18 Information provided by personal representatives to Her Majesty’s Revenue and CustomsI1

United Kingdom

(1)

Where—

(a)

a payment in the form of a lump sum is made in respect of a deceased qualifying member under regulation 18A; and

F1(b)

the amount of the lump sum exceeds the permitted maximum in relation to the lump sum,

the personal representatives of the member shall provide to Her Majesty’s Revenue and Customs the information specified in paragraph (2).

(2)

The information is—

(a)

a statement that a payment in the form of a lump sum has been paid by the FAS under regulation 18A;

(b)

the name of any registered pension scheme from which, and the name and address of the scheme administrator by whom, the benefits were paid;

F2(ba)

the name of each other pension scheme (if any) of which the deceased member was a member, and the name and address of the scheme administrator of each such scheme;

(c)

the name F3, date of birth, date of death and national insurance number of the deceased member in respect of whom the benefits were paid;

F4(ca)

each relevant reference number (if any) in relation to the deceased member;

(cb)

the name, address, date of birth and national insurance number of the individual to whom the lump sum is paid;

(d)

the amount and date of the payment by the FAS;

(e)

the amount and date of the payment of any benefits by a registered pension scheme; and

F5(f)

the amount by which the amount of the lump sum exceeds the permitted maximum in relation to the lump sum.

(3)

The information required shall be provided on or before the later of—

(a)

the end of the period of 13 months beginning with the death of the member; or

(b)

the end of the period of 30 days beginning with the date on which the personal representatives (or any of them) became aware that paragraph (1) applied to the deceased member.

(4)

Where a requirement to provide information under this regulation arises after the period specified in paragraph (3) has expired, the information shall be provided no later than the last day of the period of 30 months beginning with the death of the member.

(5)

If the personal representatives discover after the latest date for providing information under paragraph (4) any information required to be provided under paragraph (1), that information shall be provided no later than the last day of the period of 3 months beginning with the discovery of that information.

(6)

Where personal representatives are required to provide information under this regulation by virtue of a payment or payments in the form of a lump sum being made under regulation 18A in respect of the deceased member along with the payment of one or more relevant lump sum death benefits under Part 4 of the FA 2004 in respect of the deceased member, regulation 10 of the Registered Pension Schemes (Provision of Information) Regulations 2006 does not apply in relation to the payment or payments under Part 4 of the FA 2004.

Annotations

Textual amendments

F1

Reg. 18(1)(b) substituted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 27(21)(a)

F2

Reg. 18(2)(ba) inserted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 27(21)(b)(i)

F3

Words in reg. 18(2)(c) inserted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 27(21)(b)(ii)

F4

Reg. 18(2)(ca)(cb) inserted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 27(21)(b)(iii)

F5

Reg. 18(2)(f) substituted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 27(21)(b)(iv)

Commencement

I1

Reg. 18 in force at 1.5.2010, see reg. 1(1)

Notes on Part 3

Textual amendments

F1

Pt. 3 heading substituted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 27(4)