I'm on the Pension Regulator website (https://www.autoenrol.tpr.gov.uk/Workforce), logged in as agent, trying to complete forms for a husband who employs his wife. She does not want to be enrolled into a pension scheme as she is aready receiving a private pension, and her low PAYE earnings mean she does not need to be enrolled.
I've got as far as the 'Declaration' page - 'Staff details'. Now I'm stuck. Here are the questions and answers so far -
How many staff did the employer have on 01 August 2016 (the employer’s staging date) = 1.
On the staging date how many staff were already members of a pension scheme? = 0.
Tick this box if the defined benefit transitional period is being used = NO.
How many other staff members do not fall into the above categories? = 0.
Checking the answers I get a message -
Have you forgotten to tell us about some staff? You told us the total number of staff in employment on 01 August 2016 was 1. Is this the correct number?
You have only given details for this number of staff, which does not match the total number of staff that you gave. Please check the information you entered.
The total is out by: 1.
What am I doing wrong? And is there an easier way to register to state that a client's employees do not want to enrol?
Replies (18)
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How many other staff members do not fall into the above categories? = 0.
Should this in fact be 1?
How many other staff members do not fall into the above categories? = 0
What categories does it list here?
Also it is not possible for any employee or employer to say they do not want to enroll employees. It's not an option. So if the employee is eligible? Then they need to be enrolled into a scheme and then they need to opt out (if that's what they want to do).
If she earns less than £10000, which is what you imply, you're completing the wrong form. You need the one where you're not setting up a scheme because there's no one to auto enrol.
If she earns more than £10000, you must auto-enrol her. Then she can opt out.
It's not possible for employers to opt out for employees. Only they can do it.
The forms are very clear. Just read the instructions.
What form is that, Lion? There are two forms:
- declaration of compliance
- notify exemption
Assuming that the wife earns between the LEL of £5,824 and the threshold of £10,000, she has the right to opt in. If she chooses not to do so, you don't need a pension scheme, but you have nevertheless complied with the requirements if you have sent her the obligatory letter. You must complete the declaration of compliance entering 1 for the 'Number of staff who do not fall in the above categories' (how difficult is 1 minus 0 = 1?) and not notify exemption.
What form is that, Lion? There are two forms:
- declaration of compliance
- notify exemption
It's a bit since I did one with no-one to register, Euan, but if I recall correctly, answering the question "have you got any eligible employees?" with "No", leads you along a different path with what, to my mind, is a different form/page.
Assuming the the wife isn't a director, then there isn't a form to fill in pre-staging.
Options are as follows for the various different situations.
1. She isn't a director, but earns under £10k pa - assess her at staging, send her a letter telling her she doesn't earn enough but can join etc., then do declaration of compliance (that's the form you are describing in your post).
2. She isn't a director but earns over 10k pa - Enrol, then opt out if she wants to. Complete declaration of compliance
3. She IS a director. Earnings irrelevant if all are directors - Complete the form at
https://automation.thepensionsregulator.gov.uk/notanemployer .
Sounds like you are in option 1. so go back, fill in the form, add her into the last box where you previously had 0. Job's a goodun'
HuntFord kindly gives us the link to 'not an employer', but there seems to be no option for an agent to complete this, it is only for employers. Is it appropriate to do this on their behalf?
Remember that thousands of these forms have been filled in with no bother.
Several folk have told you the answer, the same every time, but here you are, still questioning it.
Don't agree with you Lion - there's no evidence that thousands of these forms have been completed without a problem. If the OP is referring to the Declaration of Compliance he has my full sympathy - I recently spent the best part of an hour on one of these with new User IDs set up on the advice of the Regulator. After failing miserably the client was talked through the process over a 45 minute period by a helpful member of staff from the Regulator. Yes, there is a lot of evidence that the website is a dog's dinner.
You have to enrol all employees regardless if they or you want to or not, it's a requirement, when they are enrolled the provider writes to them giving them four weeks to opt out, if that's what they want to do. I agree with Tom, I think the answer here should be one, I had a similar encounter upon doing this also, try adjusting your figure to move you onto the next level, it's straight forward after that.