SE15030 - Non-approved 'retirement benefits schemes': identification

Section 596(1) ICTA 1988

A 'retirement benefits scheme' will be non-approved unless it is within one of the three categories specified in Section 596(1) ICTA 1988. These are:

• a scheme approved by IR SPSS (Nottingham) ( Note: see SE15032 for guidance on the treatment of periods when a scheme is not approved)
• a relevant statutory scheme. Public sector retirement schemes are usually within this category. IR SPSS (Nottingham) can advise if a scheme is a statutory scheme but broadly it is a scheme either:

• set up under an enactment where the particulars are set out in that enactment or in Regulations made under it or
• a scheme approved by a Minister or Government department

• a scheme set up by a Government outside the UK for the benefit of its employees.

It follows that most schemes set up and administered outside the UK will be classified as non-approved (see SE15060 for further guidance concerning such schemes)