Issuing a contribution notice or financial support direction—procedure

The following Pensions practice note provides comprehensive and up to date legal information covering:

  • Issuing a contribution notice or financial support direction—procedure
  • Step 1—The Pensions Regulator becomes aware of trigger event
  • Step 2—The Case Team investigates
  • Step 3—The Case Team prepares and issues the Warning Notice
  • Preparing the Warning Notice
  • Content of the Warning Notice
  • Step 4—The parties make representations to the Case Team
  • Step 5—The Case Team reviews the representations made
  • Step 6—The Case Team refers the matter to the Determinations Panel
  • Step 7—The Determinations Panel holds a hearing
  • More...

Issuing a contribution notice or financial support direction—procedure

FORTHCOMING DEVELOPMENT 1: On 28 June 2021, the Department for Work and Pensions (DWP) published a response to its consultation on the proposed drafting of two sets of regulations concerning the powers of the Pensions Regulator (TPR) to issue contribution notices and gather information, following changes introduced by the Pension Schemes Act 2021 (PSA 2021):

• The Pensions Regulator (Contribution Notices) (Amendment) Regulations 2021 (now referred to as The Pensions Regulator (Employer Resources Test) Regulations 2021), which sets out the details of the ‘employer resources test’ that TPR can use for assessing whether an act or failure to act has occurred for determining whether a contribution notice can be issued under section 38 of the Pensions Act 2004 (one of two new tests introduced by PSA 2021, the other being the ‘employer insolvency test’)

• The Pensions Regulator (Information Gathering Powers and Miscellaneous Amendments) Regulations 2021 (now referred to as The Pensions Regulator (Information Gathering Powers and Modification) Regulations 2021, 2021/754), which sets out the details of TPR’s extended interview and inspection powers (including the fixed and escalating penalty rates for non-compliance)

The DWP received technical responses to the consultation with contributions from a number of stakeholders which helped to improve the drafting of the regulations. In relation to the lookback power, the DWP remains

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