Do I need to complete a Declaration of Compliance?
Between May and August, over 100,000 small employers and their business advisers will be tackling an important task: submitting a Declaration of Compliance to The Pensions Regulator (TPR). If you're supporting clients through this process, here's what you need to know.
Why the Declaration Matters
Every employer in the UK has workplace pension duties. This means they must assess their staff, enroll those who qualify into a pension scheme, and contribute to it. The Declaration of Compliance is the formal way of showing TPR that these duties have been met.
Even if an employer doesn’t have staff to enroll, they still need to complete the declaration to confirm they've fulfilled their legal obligations. Missing this step could lead to penalties, so it’s not something to overlook.
Key Points for Employers and Advisers
Who Must Submit the Declaration?
Every employer with at least one member of staff is legally required to complete the Declaration of Compliance. Yes, even if no staff qualify for automatic enrollment!
When Is the Deadline?
Employers have five months from their staging date to submit their declaration. However, starting early is a smart move—especially if you're collecting details along the way.
What Happens with Postponement?
If your client uses a postponement period, the declaration can only be submitted after this period ends. That said, it's wise to start filling in details during the process to avoid a last-minute scramble.
Can Advisers Handle This for Clients?
Absolutely! However, the employer remains responsible for ensuring the declaration is accurate and submitted on time. Clear communication is crucial to avoid penalties.
FAQs About the Declaration
Q: My client only has one staff member who doesn’t want to join a pension. Is the declaration still required?
Yes. Even if no one is enrolled, employers must complete the declaration to confirm their compliance.
Q: What happens if the declaration is late?
Failing to meet the deadline could result in fines. If there are challenges gathering information or meeting the timeline, contact TPR immediately.
Q: Is creating a Government Gateway account the same as completing the declaration?
Nope! The account is just the first step. You’ll need to log in and complete the online form with all the required information.
Q: Can I use estimated figures and update them later?
Submitting incorrect or incomplete details is a legal offence. If you discover errors after submission, update the declaration as soon as possible.
Next Steps?
Completing the Declaration of Compliance doesn’t have to be stressful, and we’re here to make it straightforward for you! Don’t hesitate to contact us when your declaration is due.