Cold-calling ban regulations approved by Parliament 2 January 2019
From 9 January 2019, cold-calling of the public in relation to occupational pension schemes or personal pension schemes, including the sending of unsolicited text and emails, will be against the law.
Regulations were finally approved by Parliament on 19 December 2018 to amend the Privacy and Electronic Communications Regulations to prohibit the use of a public electronic communications service to make unsolicited calls to an individual for the purpose of direct marketing in relation to occupational pension schemes or personal pension schemes.
The Privacy and Electronic Communications (Amendment) (No. 2) Regulations 2018 amend the 2003 regulations.
There is an exception which applies to a caller who is an authorised person of an occupational or personal pension scheme and the called line is that of an individual who has previously consented to such calls.
The exception also applies if the recipient of the call has an existing client relationship with the caller on the line and the relationship is such that they might reasonably envisage receiving unsolicited calls. The recipient must also have been given a simple means of refusing the use of their contact details for the purpose of such calls. The Information Commissioners Office (ICO) will issue guidance for industry on adhering to the pensions cold calling ban. The ICO is also producing a new statutory direct marketing code under the Data Protection Act 2018 which will be consulted on in 2019.
Geographical extent – These regulations apply to the United Kingdom
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Pension scheme services update 3 January 2019
HMRC has provided an update for pension scheme administrators which, in part, highlights some incorrect guidance provided on how to report death benefits that are entirely non-taxable and the use of starting dates.
Guidance that was provided in Pension schemes newsletter 104 was incorrect on how to report death benefits that are entirely non-taxable and the use of starting dates.
HMRC apologise for the error and ahead of its next newsletter (106) at the end of January, has provided the following guidance for pension scheme administrators.
Reporting pension death benefits that are entirely non-taxable Scheme administrators who followed the guidance in Pension schemes newsletter 104 and tried to report a starting date for these payments will have received an error message. HMRC now know that this is because when reporting death benefits that are entirely non-taxable, the starting date field should be blank when the scheme administrator submits their FPS. For these payments the annual amount should be zero.
This applies to both lump sum death benefits and regular death benefit pension payments that are entirely non-taxable.
If scheme administrators have received an error message when reporting non-taxable death benefits, HMRC is asking for the scheme administrator to try to report this payment again but this time leaving the starting date field blank at the point of submission. This message will also be included in Pension Schemes Newsletter 106 due for publication at the end of January 2019 and in the meantime if scheme administrators have any questions, or have any ongoing issues in reporting these non- taxable pension death benefit payments please email pensions.businessdelivery@hmrc.gsi.gov.uk .
Scottish Budget 2018 and relief at source for 2019 to 2020
The Chartered Institute of Payroll Professionals
Payroll: need to know
cipp.org.uk
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