RPSM05302020 - Scheme Administrator Pages: Contributions and tax relief: Member contributions - refunds of contributions: Permitted refunds without prior approval required by HMRC

Permitted refunds of contributions without prior approval required by HMRC

In certain circumstances, which were beyond the member's control, payments may have been deducted from their salary in the belief that they wished to make a contribution to a registered pension scheme. A scheme administrator may refund these ‘contributions’ that:

  • are deducted by mistake or at an incorrect level, or
  • are paid prior to cancellation within the cooling off period

Contributions deducted by mistake

Contributions which have continued to be debited in error after the date of cancellation, either under the direct debit system or by standing order, may be refunded by the scheme administrator.

Incorrect level of contributions deducted

It may happen that the member requested that a lower rate of contributions were to be deducted from their salary but this was not complied with, e.g. they only wanted 5% of their salary to be deducted and treated as a contribution but the employer deducted 15%. Normally this error can be rectified by altering the level of deductions from future salary. However HMRC have no objections to a refund of the excess being made if desired.

Any tax relief that a scheme administrator has claimed previously on contributions erroneously paid, must be repaid to HMRC. This may be done by adjustment to the next claim made to HMRC or alternatively by direct payment to HMRC

Cooling off period

Contributions which are paid at the outset of an arrangement that is subsequently cancelled by the individual within the cooling off period, should be refunded by the scheme administrator. The cooling off period is determined by the registered pension scheme’s own regulatory body.

In such a case, it is unlikely that the scheme administrator will already have reclaimed the basic rate tax relief from HMRC, because of the short time span. If however, relief has been claimed, it must be repaid to HMRC. This may be done by adjustment to the next claim made to HMRC or alternatively by direct payment to HMRC.

Glossary ( RPSM20000000)