RPSM03300050 - Scheme Administrator Pages: Protecting pension rights from tax charges: General Introduction: How does a scheme know if a member has protection?

How will a scheme know if a member has protected rights?

Primary protection or enhanced protection applies to all the benefit rights an individual may have under all registered pension schemes. Such protection will not be scheme specific. Only the individual can notify HMRC that either primary or enhanced protection (or both) applies to them.

After an individual notifies HMRC of their right to primary or enhanced protection (or both) HMRC will give the individual a certificate with details of their protection. This is a confidential matter between HMRC and the individual taxpayer. This means that HMRC cannot give a scheme administrator a copy of an individual’s certificate unless the individual concerned has authorised HMRC to do so.

A scheme administrator can ask an individual to give them a copy of their certificate or arrange for the individual to authorise HMRC to give the scheme administrator details of the certificate using form APSS 203 (which is available from the HMRC website). The scheme administrator will then be able to view the certificate online. Alternatively if the scheme administrator would like to receive details of the individual’s certificate in the post form APSS209 must be completed in addition to form APSS203.

Certificates of protected rights can be amended or cancelled. Scheme administrators will need to consider how up to date their information is when they start to pay benefits to an individual.

Glossary ( RPSM20000000)