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Autoenrolment Penalty

Autoenrolment penlaty - Grounds of Appeal

Hi Everyone

A client of mine has received an auto enrolment penalty of £400. My client only had one employee who earned around £6000 from April 2017 to December 2017.

The staging date was 01-07-2017. I just wanted to know if anyone had succesfully appealed a similar penalty and also what grounds was the appeal successfull on.

Thank you in advance

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22nd Mar 2018 12:49

I highly doubt any chance of appeal. Your client would have received several reminder letters from The Pension Regulator about filling out the declaration.

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to thestudyman
22nd Mar 2018 13:37

Turns out the pension regulator had incorrect address for my client and as a result she did not receive any correspondence from the pension regulator. On this basis they have agreed to revoke the penalty.

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By jcace
22nd Mar 2018 13:31

The Pensions Regulator required your client to declare that they had complied with the auto enrolment and to submit a declaration to that effect. Clearly they were late in doing so, but the fact that they only had one employee is not a reason for late or non compliance. Your client needs to consider WHY they didn't make the submission on time and start from there if they wish to appeal. As has been pointed out, they would have had plenty of reminders.

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22nd Mar 2018 13:43

Did you complete the declaration of compliance or did you tell TPR that they weren't an employer for AE purposes. If you say not an employer then there wouldn't be an actual penalty as there is no declaration of compliance due and it is that which generates the penalty

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