Savings (Government Contributions) Bill (HL Bill 85)

Savings (Government Contributions) BillPage 20

(c) provision requiring an application to be made by the individual for
whom the account is to be opened;

(d) exceptions to provision under paragraph (c).

(3) Treasury regulations may—

(a) 5specify circumstances in which an account provider must refuse to
open a Help-to-Save account for an individual;

(b) make provision requiring that a Help-to-Save account is to be held
by the individual for whom the account is opened and that functions
as the holder of the account are to be carried out by the individual;

(c) 10make provision for exceptions to provision under paragraph (b);

(d) make provision for exceptions to sub-paragraph (1)(c).

(4) Where a contract is entered into by an individual who is 16 or 17 years old
in connection with a Help-to-Save account opened for the individual, the
contract has effect as if the individual had been 18 or over when it was
15entered into.

Account provider to be notified about absence from UK

12 (1) Treasury regulations may, in connection with any stipulation that (directly
or indirectly) links entitlement to bonus in respect of a Help-to-Save account
with the presence in the United Kingdom of the individual for whom the
20account is opened—

(a) impose duties to notify the account provider about absences of the
individual from the United Kingdom;

(b) make provision for the imposition of a penalty, which must not
exceed £300, for failure to comply with a duty imposed under
25paragraph (a).

(2) Paragraphs 44, 45, 46(1), 47 to 49 and 52 of Schedule 36 to the Finance Act
2008 (penalties: liability, assessment, appeals and enforcement) apply in
relation to a penalty under regulations under sub-paragraph (1)(b) as they
apply in relation to a penalty under paragraph 39 of that Schedule.

(3) 30An assessment of a penalty under regulations under sub-paragraph (1)(b)
must be made—

(a) within the period of 12 months beginning with the date on which the
failure first came to the attention of an officer of Revenue and
Customs, and

(b) 35within the period of 6 years beginning with the date on which the
person became liable to the penalty.

(4) Without prejudice to paragraph 49(2) of Schedule 36 to the Finance Act 2008
(enforcement) as applied by sub-paragraph (2), regulations under sub-
paragraph (1)(b) may (in particular) provide for a penalty under such
40regulations to be deducted from amounts to be paid by way of bonus in
respect of the Help-to-Save account concerned.

Further provision about Help-to-Save accounts

13 (1) Treasury regulations may, in relation to cases where the balance in a Help-
to-Save account held with an authorised account provider is transferred to
45an account held with another authorised account provider, make
provision—

Savings (Government Contributions) BillPage 21

(a) for the account with the other provider to be treated as a Help-to-
Save account;

(b) for the two accounts to be treated as a single account.

(2) If the Director of Savings provides Help-to-Save accounts—

(a) 5the fact that regulations could be made under this Act about any
matter does not prevent that matter being dealt with instead in
arrangements made with the Director by the Treasury or HMRC,

(b) sums paid into Help-to-Save accounts provided by the Director are
not to be paid into the Consolidated Fund, and

(c) 10sums payable from such accounts are not to be regarded as
expenditure of the Director.

(3) Arrangements made between HMRC and a person or body within
paragraph 9(2)(b) or (c) may include provision for the making of payments
by HMRC to the person or body in respect of the provision of Help-to-Save
15accounts.

Accounts wrongly treated as Help-to-Save accounts

14 (1) Treasury regulations may make provision having effect in a case where a
Help-to-Save account is opened for an individual who is not an eligible
person on the eligibility reference dates, including where that is established
20as a result of a determination made with backdated effect after the account
is opened for the individual.

(2) The regulations may (in particular) provide for the account to be treated as
never having been a Help-to-Save account.

Part 4 25Government bonuses

Calculation and payment of government bonuses

15 (1) The individual for whom a Help-to-Save account is opened is the person
entitled to bonus in respect of the account.

(2) Treasury regulations must make provision for the calculation of the amount
30of bonus to which an individual is entitled in respect of a Help-to-Save
account.

(3) The regulations may (in particular) make provision—

(a) for a single amount of bonus for the whole of the maturity period for
a Help-to-Save account, or for different amounts of bonus for
35different parts of that period;

(b) for an amount of bonus to be nil in the case of an account that is
closed, or otherwise ceases to be a Help-to-Save account, before the
end of its maturity period.

(4) Treasury regulations may make provision about the payment of bonus, and
40the regulations may (in particular) make provision—

(a) for bonus in respect of a Help-to-Save account to be paid by a single
payment (even if the total payable is made up of different amounts
for different parts of the maturity period for the account), or by two
or more payments;

Savings (Government Contributions) BillPage 22

(b) for bonus paid in respect of an account to be added to the account or
otherwise credited or paid out;

(c) about payment of bonus in respect of a Help-to-Save account in cases
where payment is made after the death of the individual for whom
5the account was opened.

(5) Sub-paragraph (1) has effect subject to any provision mentioned in sub-
paragraph (4)(c) that is contained in regulations under sub-paragraph (4).

Recovery of wrongly-paid bonus

16 (1) Treasury regulations may provide for the repayment of any amount paid by
10way of bonus that ought not to have been paid (whether because of
provision under paragraph 14 or otherwise).

(2) The regulations may (in particular) make provision—

(a) identifying the persons liable to make a repayment;

(b) charging interest on repayable amounts;

(c) 15for collecting a repayment and interest charged on it.

(3) The provision that may be made under sub-paragraph (2)(c) includes (in
particular) provisions applying or incorporating, with or without
modifications, any enactment that makes provision in relation to the
recovery of amounts of income tax or capital gains tax which has been repaid
20to a person but ought not to have been repaid to the person.

Part 5 Information

Information sharing between HMRC and others

17 (1) Sub-paragraph (2) applies to information which is held as mentioned in
25section 18(1) of the Commissioners for Revenue and Customs Act 2005
(confidentiality).

(2) Information to which this sub-paragraph applies may be disclosed—

(a) to an authorised account provider, or

(b) to any person for use for the purpose of enabling or assisting the
30exercise of any of the functions of HMRC, or an officer of Revenue
and Customs, under section 2 and this Schedule.

(3) Information disclosed in reliance on sub-paragraph (2) may not be further
disclosed to any other person without the authority of HMRC (which may
be general or specific).

(4) 35If revenue and customs information relating to a person is disclosed in
contravention of sub-paragraph (3) and the identity of the person—

(a) is specified in the disclosure, or

(b) can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005
40(wrongful disclosure) applies in relation to the disclosure as it applies in
relation to a disclosure of such information in contravention of section 20(9)
of that Act.


Savings (Government Contributions) BillPage 23

(5) In sub-paragraph (4) “revenue and customs information relating to a
person” has the meaning given by section 19(2) of the Commissioners for
Revenue and Customs Act 2005.

(6) A person who holds information may disclose that information to HMRC or
5an officer of Revenue and Customs if the disclosure is made for the purposes
of the exercise of any of the functions of HMRC, or an officer of Revenue and
Customs, under section 2 and this Schedule.

(7) This paragraph does not limit the circumstances in which information may
be disclosed apart from this paragraph.

(8) 10In section 127 of the Welfare Reform Act 2012 (information-sharing between
Secretary of State and HMRC), in subsection (7), in the definition of “HMRC
function”—

(a) omit the “or” at the end of paragraph (b), and

(b) after paragraph (c) insert , or

(d) 15which is conferred by or under section 2 of, or
Schedule 2 to, the Savings (Government
Contributions) Act 2016 (bonuses in respect of
savings in Help-to-Save accounts);”.

Claims and returns

18 (1) 20Treasury regulations may—

(a) provide that a bonus is payable only if a claim for it is made in
accordance with Treasury regulations;

(b) require a person who is or was an authorised account provider to
make a claim for a bonus in respect of a Help-to-Save account.

(2) 25With regards to claims for bonuses, Treasury regulations may—

(a) specify the periods within which claims are to be made;

(b) specify the information to be included in claims;

(c) specify the periods to which claims are to relate;

(d) specify the form or manner in which claims are to be made;

(e) 30make provision about the assessment of claims;

(f) specify steps to be taken if a claim is rejected in whole or part;

(g) confer rights to a review of a rejection of a claim;

(h) make provision for or in connection with appeals against rejections
of claims;

(i) 35provide for amendment of a claim if errors are found in it.

(3) Treasury regulations may authorise HMRC to specify any of the matters
mentioned in sub-paragraph (2)(b) to (d).

(4) Treasury regulations may make provision for requiring a person who is or
was an authorised account provider—

(a) 40to keep records relating to a Help-to-Save account;

(b) to submit returns of information relating to the operation of a Help-
to-Save account.

(5) The provision that may be made under sub-paragraph (4)(b) includes (in
particular) information about—

(a) 45the information to be included in a return;

Savings (Government Contributions) BillPage 24

(b) the form of a return;

(c) the period to which a return must relate;

(d) the form or manner in which a return is to be submitted;

(e) the period within which a return must be made;

(f) 5enquiries into, and amendments of, a submitted return.

(6) Treasury regulations may authorise HMRC to specify any of the matters
mentioned in sub-paragraph (5)(a) to (d).

Information notices

19 (1) An officer of Revenue and Customs may by notice require—

(a) 10a person who has applied to open a Help-to-Save account,

(b) an individual for whom a Help-to-Save account has been opened,

(c) a person who has received an application to open a Help-to-Save
account, or

(d) a person who is or has been the provider of a Help-to-Save account,

15to provide the officer with any information, or to a produce a document to
the officer, if the officer reasonably requires the information or document in
connection with functions of HMRC, or an officer of Revenue and Customs,
under section 2 or this Schedule.

(2) Paragraphs 6(2), 7, 8, 18 to 20, 23 to 27, 42 and 43 of Schedule 36 to the
20Finance Act 2008 (information notices etc) apply in relation to notices under
sub-paragraph (1) as they apply in relation to notices under paragraph 1 of
that Schedule (see the definition of “information notice” in paragraph 6(1) of
that Schedule).

(3) Where a notice under sub-paragraph (1) is given to a person other than the
25provider of the Help-to-Save account at the time the notice is given, an
officer of Revenue and Customs must give a copy of the notice to that
provider.

(4) A person who is given a notice under sub-paragraph (1) may appeal against
the notice or any requirement in the notice.

(5) 30Paragraph 32 of Schedule 36 to the Finance Act 2008 (procedure for appeals
against information notices) applies for the purposes of an appeal under
sub-paragraph (4) as it applies for the purposes of an appeal under Part 5 of
that Schedule, except that a reference to an information notice has effect as a
reference to a notice under sub-paragraph (1).

35Penalties for inaccuracies in information provided in response to requirements

20 (1) This paragraph applies where—

(a) in complying with a requirement imposed under paragraph 18(1)(b)
or (4)(b), or with a notice under paragraph 19(1), a person provides
inaccurate information or produces a document that contains an
40inaccuracy,

(b) the inaccuracy is material, and

(c) condition A, B or C is met.

(2) Condition A is that the inaccuracy is careless or deliberate.

Savings (Government Contributions) BillPage 25

(3) An inaccuracy is careless if it is due to a failure by the person to take
reasonable care.

(4) Condition B is that the person knows of the inaccuracy at the time the
information is provided or the document is produced, but does not inform
5an officer of Revenue and Customs at that time.

(5) Condition C is that the person—

(a) discovers the inaccuracy some time later, and

(b) fails to take reasonable steps to inform an officer of Revenue and
Customs.

(6) 10The person is liable to a penalty not exceeding the amount for the time being
specified in paragraph 40A(5) of Schedule 36 to the Finance Act 2008
(penalties for inaccurate information and documents).

(7) Where the information or document contains more than one material
inaccuracy, a penalty is payable for each inaccuracy.

(8) 15Paragraphs 46 to 49 and 52 of Schedule 36 to the Finance Act 2008 (penalties:
assessment, appeals and enforcement) apply in relation to a penalty under
this paragraph as they apply in relation to a penalty under paragraph 40A of
that Schedule.

Power to inspect documents relating to claims

21 (1) 20This paragraph applies where a claim is made by an authorised account
provider for a bonus in respect of a Help-to-Save account.

(2) An officer of Revenue and Customs may—

(a) enter any business premises of—

(i) that authorised account provider,

(ii) 25any authorised account provider to whom the balance in the
account has been transferred, or

(iii) any authorised account provider to whom funds directly or
indirectly representing the whole or part of that balance have
been transferred, and

(b) 30inspect documents that are on the premises,

if the officer reasonably requires to inspect the documents in connection
with the claim.

(3) The powers under sub-paragraph (2)—

(a) do not include power to enter any part of the premises that is used
35solely as a dwelling, but

(b) do include power to obtain and record information (whether
electronically or otherwise) relating to the documents that have been
inspected.

(4) In sub-paragraph (2) “business premises”, in relation to a person, means
40premises (or any part of premises) that an officer of Revenue and Customs
has reason to believe are (or is) used in connection with the carrying on of a
business by or on behalf of the person.

(5) Paragraph 12 of Schedule 36 to the Finance Act 2008 (timing of inspections)
applies in relation an inspection under sub-paragraph (2) as it applies in
45relation to an inspection under paragraph 10 of that Schedule.

Savings (Government Contributions) BillPage 26

(6) An officer of Revenue and Customs may not inspect a document under this
paragraph if or to the extent that, by virtue of a provision of Part 4 of
Schedule 36 to the Finance Act 2008 (restrictions on powers) applied by
paragraph 19(2), a notice under paragraph 19(1) given at the time of the
5inspection to the occupier of the premises could not require the occupier to
produce the document.

(7) An officer of Revenue and Customs may ask the tribunal to approve an
inspection under sub-paragraph (2).

(8) Paragraph 13(1A), (2) and (3) of Schedule 36 to the Finance Act 2008
10(approval of tribunal for inspections) applies in relation to an application
under sub-paragraph (7) as it applies in relation to an application under
paragraph 13 of that Schedule relating to an inspection under paragraph 10
of that Schedule.

(9) In this paragraph “the tribunal” means the First-tier Tribunal or, where
15determined by or under Tribunal Procedure Rules, the Upper Tribunal.

Penalties for non-compliance with information requirements

22 (1) Sub-paragraph (2) applies to a person who—

(a) fails to make a claim in accordance with a requirement imposed on
the person under paragraph 18(1)(b),

(b) 20fails to submit a return in accordance with a requirement imposed on
the person under paragraph 18(4)(b),

(c) fails to comply with a notice under paragraph 19(1) given to the
person, or

(d) deliberately obstructs an officer of Revenue and Customs in the
25course of an inspection under paragraph 21 that has been approved
by the tribunal.

(2) The person is liable to a penalty of the amount for the time being specified
in paragraph 39(2) of Schedule 36 to the Finance Act 2008.

(3) If the failure or obstruction mentioned in sub-paragraph (1) continues after
30the date on which a penalty is imposed under sub-paragraph (2) in respect
of the failure or obstruction, the person is liable to a further penalty or
penalties not exceeding the amount for the time being specified in paragraph
40(2) of that Schedule for each subsequent day on which the failure or
obstruction continues.

(4) 35The reference in sub-paragraph (1)(c) to a person who fails to comply with a
notice under paragraph 19(1) includes a person who conceals, destroys or
otherwise disposes of, or arranges for the concealment, destruction or
disposal of, a document in breach of paragraph 42 or 43 of Schedule 36 to the
Finance Act 2008 as applied by paragraph 19(2).

(5) 40Paragraphs 44 to 49 and 52 of that Schedule (penalties: liability, assessment,
appeals and enforcement) apply in relation to a penalty under sub-
paragraph (3) or (4) as they apply in relation to a penalty under paragraph
39 or 40 of that Schedule, except that the reference in paragraph 46(3) to an
information notice has effect as a reference to a notice under paragraph 19(1)
45of this Schedule.

Savings (Government Contributions) BillPage 27

(6) In sub-paragraph (1)(d) “the tribunal” means the First-tier Tribunal or,
where determined by or under Tribunal Procedure Rules, the Upper
Tribunal.

23 (1) Sub-paragraph (2) applies to a person who, in complying with a requirement
5under paragraph 11(2) when applying for a Help-to-Save account, provides
information that is inaccurate if the inaccuracy is material and deliberate.

(2) The person is liable to a penalty of the amount for the time being specified
in paragraph 39(2) of Schedule 36 to the Finance Act 2008.

(3) Paragraphs 46 to 49 and 52 of that Schedule (penalties: liability, assessment,
10appeals and enforcement) apply in relation to a penalty under sub-
paragraph (2) as they apply in relation to a penalty under paragraph 39 of
that Schedule.

Interpretation: meaning of “document”

24 In this Part of this Schedule “document” includes a part of a document
15(except where the context otherwise requires).