PSI23.1.6 - Penalties Procedures: Information Required Without Notice - Regulation 4 - Exceptions

(This archived guidance relates to HMRC discretionary practice before the 6th April 2006. For current guidance on Registered Pension Schemes see the Registered Pension Schemes Manual)

On a number of schemes CORA reviews have not been set up or BFs have been overlooked. The three main situations, and the way to deal with them, are as follows:

1 Both Reminders Missed

• If neither the PS 7000 nor the PS 7001 have been issued and the due date (effective date plus 12 months) has passed, issue form PS 7002 to the practitioner and the administrator. This form states that we are prepared to delay seeking penalties for a further 30 days but does not preclude us from seeking penalties from the due date should the AVR not be received by the end of the 30 days. As long as the AVR is received within the 30 days, penalties will not be sought. If the AVR is not received by the end of the 30 days, issue form PS 7036 to the scheme administrator and diary BF the file 30 days. If the AVR is received before the end of the BF period, proceed as at PSI23.1.16 or PSI23.1.17. If the AVR has still not been received at the end of the BF period, submit the file to your Section Manager to issue a final warning of withdrawal of approval, PS 7003.

2 PS 7001 Missed

• If the PS 7000 has been issued in time but the PS 7001 has been missed, and the due date has passed, issue PS 7002 to the scheme administrator only, then proceed in accordance with the procedure in PSI23.1.5.

3 PS 7000 missed

• If the PS 7000 has not been issued but the date for issuing the PS 7001 has not passed, issue the PS 7000 as soon as possible and diary BF the file to the PS 7001 issue date. Depending on how late the PS 7000 is being issued it may be worth telephoning the practitioner. Tell them that the PS 7001 will be issued to the administrator on schedule and refuse any request to delay its issue. Then proceed in accordance with the procedure in PSI23.1.5.