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Reliance on adviser was reasonable excuse for late application for enhanced protection

By Mark McLaughlin, September 2021

The appellant’s continued reliance on a professional adviser was a reasonable excuse for a late application for enhanced pension protection, and his appeal against HMRC’s refusal to accept the late application was allowed. 

The appellant fully retired in 2010, although he had retired from his main role as managing director of a well-known restaurant chain in 2003. The appellant had financial advisers who assisted him with his pensions and investments. He dealt with a named individual. He received no advice about enhanced protection in 2006. The named individual changed in 2009 following illness. The appellant was still not advised about enhanced protection or the 2012 fixed protection limit of £1.8 million. Following his adviser’s recommendation, the appellant obtained the 2014 lifetime allowance of &pound

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