Late application for fixed protection refused

The taxpayer a retired dentist made an application for fixed protection against the lifetime allowance under the 2012 regime on 24 July 2022. The time limit for such an election expired on 5 April 2012 so the application was more than 10 years late. HMRC refused to accept the election and the taxpayer appealed to the First-tier Tribunal on the grounds that it was unfair and unjust for him to have known about the deadline for fixed protection 2012 and that he was not informed about the deadline by his pension providers.

The tribunal noted that the legislation for fixed protection 2012 did not (in contrast to the original 2006 fixed protection regime) make provision for a reasonable excuse defence where a late claim was made. It then confirmed that it had no jurisdiction to consider a late application – its only jurisdiction was in an appeal over whether...