New regulation 132A
32. After regulation 132 (Interest on late payment of benefits and refunds of contributions), insert—
“Interest and Administration Charges: Late paid contributions
132A.—(1) For the purposes of this regulation, where an employing authority fails to pay, by the dates therein specified, contributions it is required to pay under any or all of regulations 27, 30, 31, 32, 34, 36, or 37 there is a chargeable event.
(2) Where there is a chargeable event, the Department may determine what amount of contributions are unpaid having regard to—
(a)the amount of contributions historically paid at a chargeable event by that employing authority;
(b)any reasons or explanation provided by the employing authority for the change in the amount of contributions (if any) it has paid at such an event;
(c)any other factors that the Department considers relevant.
(3) Where there is a chargeable event, the employing authority is liable to pay standard rate interest on the amount of unpaid contributions constituting that event and an administration charge in respect of each such event.
(4) Where the Department becomes aware of a chargeable event, the Department shall give the employing authority a written notice specifying—
(a)the date of the chargeable event;
(b)the amount of unpaid contributions determined under paragraph (2);
(c)the amount of interest at the standard rate payable in respect of that event;
(d)the amount of administration charge payable in respect of it;
(e)that payment of the amounts referred to in paragraphs (c) and (d) is to be made within 1 month of the date of the notice and that failure to do so incurs further interest and administration charges.
(5) Any amount payable by way of interest or payable by way of an administration charge is to be paid as single lump sum unless the Department considers the case to be exceptional and considers it appropriate for all, or part, of such an amount to be paid over a period and by a number of instalments, determined by the Department.
(6) Where the Department considers the case to be exceptional, nothing in the preceding paragraphs prevents the Department from waiving all or any part of the amount of interest, or all or any administration charges, payable.
(7) In the case of arrears in respect of the scheme year 2015-16 and subsequent years, the standard rate of interest is the aggregate of the percentage (if any) by which the consumer prices index for the February before the scheme year in which the chargeable event arose is higher than it was for the previous February plus 3%, compounded at annual intervals.
(8) The administration charge in respect of arrears in respect of the scheme year 2015-2016 and subsequent years is £75.
(9) In any particular case the Department may direct that, for the purposes of this regulation, “employing authority” includes one or more of, a successor, transmittee or assignee of an employing authority’s business or functions.”.