I have a cleint who has a AE scheme he had to do. He has 1 employee who is 60 and has own pension provision. He had no interest of joining the scheme.
So client set it up himself, enrolled him then employee opted out, but cleint failed to log onto .gov.uk website and file the declaration.
He has now been filed £400 and is distraught. Are these worth appealing and how likely are they to cancel it.
AE is a right ball ache with cases like this.
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I think TPR are fairly strict on this. I haven't appealed one myself but I was at a conference with TPR at it. This question came up and he said they would be fined. They don't take any excuses apparently. But you could call and ask. All they can say is no. But if they say no, make sure your client pays the fine as it will only escalate if he doesn't.
They get a reminder about a month before the five month deadline. Did he not read it?
I haven't appealed one because it's never come up, I'm afraid.
Interesting about the employee. I had a case where the employee was nine months away from retiring and wanted to opt out. If he'd stayed in, the employer would have chipped into his small pension pot and he'd've doubled the money he paid himself. Better than any other investment he could have made - even if it was only small beer.
Anyway, I couldn't tell him that, could I?
Client's who miss their declaration of compliance date also get a reminder, with a 14 day amnesty too, so he must have missed quite a few opportunities to get it done. They need to be strict, or else those who want to ignore it all will be able to.
Client's who miss their declaration of compliance date also get a reminder, with a 14 day amnesty too, so he must have missed quite a few opportunities to get it done. They need to be strict, or else those who want to ignore it all will be able to.
Sadly, Glennzy, I think he's just another bloke who thought he could handle it himself but didn't read the instructions on the tin.
I'm sympathetic but, if you go through his waste paper bin (metaphorically, obviously), I bet you'll find some damning evidence.
Yes your right I am sure he has a few reminders when I asked about this he just thought they had crossed in the post, as in his head he had done everything he needed to.
He was actually quite pleased with himself.
Another great opportunity by the government though to pass this onto the public without any training, then fine the [***] out of them when they make a mistake.
As a landlord I now understand it is my duty to make sure any tenants have leave to remain in the UK, or I can be fined if they have not.
So policing immigration is a new unpaid role I have picked up.
Penalties are now a legitimate source of revenue. The Government love being able to say "well, we didn't want to fine you, we just wanted you to fill in the forms."
Funnily enough, I passed a minibus marked "Immigration Enforcement" on the M62 near Cas Vegas this morning. We're now making people stay here, it seems.
This might have to be chalked up to experience sadly. We haven't had a fine yet due in no small part to the consistent reminders from TPR. As a result, they have zero tolerance for employers missing deadlines.
I could be wrong but harsh as it may seem, appealing may just add to your client's frustration as I fear it would be pointless.
Best of luck!
I had a similar situation with a client. In order to appease him we appealed to TPR but to no avail. A successful appeal is very unlikely in this case.
They are very strict (TPR) and will not accept excuses of any kind, I tried it for a client who was due to come to cessation at the year end, and low and behold they wouldn't let us off with it for an October deadline. They're brutal in a nutshell!!.