RPSM03108020 - Technical Pages: Protecting pre 6/4/06 pension rights from tax charges: Pension credit rights: Notifying HMRC
[Para 18(6) Sch 36] [Reg 5 The Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 - SI 2006/131]
To receive the enhanced lifetime allowance, an individual must notify HMRC of their intention to rely on this enhancement. Where the individual intends to rely on primary protection from the lifetime allowance charge, they cannot separately notify HMRC of the pension credit as this will be included in the value of the individual’s rights in the notification for that protection (see RPSM03102010).
Where primary protection does not apply, the notification must be made on form APSS 201 - Enhanced Lifetime Allowance (Pension Credit Rights), which must reach HMRC on or before 5 April 2009. . Notifications cannot be made before 6 April 2006. The forms are available from the HMRC website (www.hmrc.gov.uk). The forms can be printed out, completed and sent to HMRC in paper form.
The individual must complete all the relevant parts of the form. Incomplete forms or paper forms that are not signed will be returned to the individual.
If the form is completed by someone on the individual’s behalf the individual must still sign the form to confirm that to their best of their knowledge it is correct and complete. There are a few exceptions to this requirement
- after someone dies their personal representative may complete and sign this form
- for persons who are mentally incapable of dealing with the notification, it may be completed and signed on their behalf by the following authorised persons
- in England and Wales or Northern Ireland, by the person’s attorney or receiver, or the person managing and administering his property and affairs
- in Scotland, by the person’s guardian within the meaning of the Adults with Incapacity (Scotland) Act 2000
- for a person who is physically incapable of dealing with the notification, it may be completed by and signed on their behalf by a person having power of attorney in relation to their affairs.
On receipt of the form, HMRC will process the form and will issue a certificate with a unique reference number giving details of the enhanced lifetime allowance to the individual.