The Registered Pension Schemes (Authorised Payments) (Amendment) Regulations 2017
Citation and commencement
1.
These Regulations may be cited as the Registered Pension Schemes (Authorised Payments) (Amendment) Regulations 2017 and come into force on 6th April 2017.
Amendments to the Registered Pension Schemes (Authorised Payments) Regulations 2009
2.
3.
“; and
(d)
for payments of a description within Part 6, in relation to payments made on or after 6th April 2017.”.
4.
“5B.
A payment by a registered pension scheme that is described in Part 6 of these Regulations is a payment of a prescribed description for the purposes of section 164(1)(f) of the Finance Act 2004.”.
5.
“PART 6Pension Advice Allowance Payment
21.
(1)
A payment made by an arrangement in respect of which the conditions in paragraph (2) are satisfied.
(2)
The conditions are that—
(a)
the payment is made for—
(i)
retirement financial advice provided to the person, or
(ii)
the implementation of such advice;
(b)
the payment is requested in writing by the person;
(c)
the written request contains a declaration by the person that the conditions in sub-paragraphs (d), (e) and (f) are satisfied;
(d)
no more than two pension advice allowance payments have been requested and made in respect of the person;
(e)
no pension advice allowance payment has been requested and made in respect of the person in the tax year in which the request is made;
(f)
the advice is regulated financial advice, provided by a financial advisor regulated and authorised by the Financial Conduct Authority to provide such advice;
(g)
the payment is made by the registered pension scheme directly to the financial advisor; and
(h)
the payment does not exceed £500.
(3)
In this regulation—
(a)
“arrangement” means
(i)
a “money purchase arrangement” within the meaning given by section 152(2); or
(ii)
a “hybrid arrangement” within the meaning given by section 152(8);
(b)
“retirement financial advice” means advice in respect of the person’s financial position, including their pension arrangements and the use of their pension funds;
(c)
“regulated financial advice” has the meaning given in Article 53 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 20015.”.
These Regulations amend the Registered Pension Schemes (Authorised Payments) Regulations 2009 (S.I. 2009/1171) (“the 2009 Regulations”), which provides for a variety of payments to be authorised payments when made by registered pension schemes to or in respect of its members. Such payments do not attract a tax charge that applies when a registered pension scheme makes an unauthorised payment.
Regulation 3 provides the date on which the amendments will take effect.
Regulation 4 inserts a new regulation 5B into the 2009 Regulations to provide that a pension advice allowance payment by a registered pension scheme will be an authorised payment for the purposes of the Finance Act 2004 (c. 12) if the conditions set out in the new regulation 21 of the 2009 Regulations are met.
Regulation 5 inserts new regulation 21, which sets out the conditions that must be met for the payment to be an authorised payment. It also defines “arrangement”, “retirement financial advice” and “regulated financial advice”.
A Tax Information and Impact Note covering this instrument was published on 7 February 2017 and is available on the HMRC at https://www.gov.uk/government/publications/pensions-tax-pensions-advice-allowance/pensions-tax-pensions-advice-allowancehttps://www.gov.uk/government/publications/pensions-tax-pensions-advice-allowance/pensions-tax-pensions-advice-allowance . It remains an accurate summary of the impacts that apply to this instrument.