The Registered Pension Schemes (Net Pay Arrangements) Regulations 2026

Published: Tue 23rd Jun 26

These Regulations amend section 193A of the Finance Act 2004 to modify how HM Revenue and Customs (HMRC) calculates and issues top-up payments to individuals contributing to registered pension schemes via net pay arrangements.

The regulations direct HMRC to identify and pay the difference to individuals who receive less income tax relief through net pay arrangements than they would have received under relief at source arrangements.

This mandate applies to HMRC Commissioners and affects individuals paying into occupational pension schemes whose tax relief outcomes differ based on the administration method of their scheme.

Arguments For

  • The explanatory note states that the regulations address disparities between occupational pension schemes administered under net pay arrangements and those administered under relief at source arrangements.

  • The document asserts that existing law only requires top-up payments for individuals with income below the personal allowance, which it claims fails to address disparities for individuals whose income exceeds that threshold but who still receive less relief than under relief at source arrangements.

  • Proponents within the document frame the measure as a way to ensure the Commissioners for His Majesty's Revenue and Customs (HMRC) pay individuals the difference in relief so far as is reasonably practicable.

Arguments Against

  • Legal scholars or affected parties might question the administrative complexity of the multi-step calculation required to determine the "hypothetical section 192 amount."

  • Critics might note that the "reasonably practicable" standard for HMRC payments introduces an element of agency discretion that could lead to inconsistent application.

  • Tax professionals might observe that the provision allowing HMRC to recover overpayments as though they were income tax due creates a potential debt liability for individuals who received incorrect assessments through no fault of their own.

Citation and commencement

  1. -(1) These Regulations may be cited as the Registered Pension Schemes (Net Pay Arrangements) Regulations 2026.
  • (2) These Regulations come into force on 14th July 2026.

Net pay arrangements: disparity with relief at source

  1. -(1) Section 193A of the Finance Act 2004 (net pay arrangements: relief where no income tax liability) is amended as follows.
  • (2) In the heading, for 'relief where no income tax liability' substitute 'disparity with relief at source'.
  • (3) For subsections (1) to (3) substitute- '(1) Where- (a) relief is given to an individual in accordance with section 193 (net pay arrangements) in respect of the payment of a contribution under a pension scheme in a given tax year ('the relevant tax year'), and (b) there is a difference between the section 193 amount and the hypothetical section 192 amount,

the Commissioners for His Majesty's Revenue and Customs must make arrangements to secure that, so far as reasonably practicable and subject to provision made under subsection (5), they pay the individual the amount of the difference.

(2) 'The section 193 amount' is the higher of-

  • (a) the amount by which the individual's liability to income tax for the relevant tax year is reduced in consequence of the giving of the relief mentioned in subsection (1)(a), and
  • (b) the amount by which the individual's liability to income tax for the relevant tax year would have been reduced in consequence of the giving of that relief if the individual had not been entitled to a tax reduction under either of the following-
  • (i) Chapter 3 of Part 3 of ITA 2007 (tax reductions for married couples and civil partners);
  • (ii) Chapter 1 of Part 7 of that Act (community investment tax relief).

(3) 'The hypothetical section 192 amount' is the amount given by assuming that relief had been given to the individual in accordance with section 192 (relief at source) instead of section 193 and taking the following steps on the basis of that assumption-

Step 1

Determine the amount that the individual would have been entitled to deduct out of the contribution under section 192(1).

Step 2

If section 192A or 192B (adjustments for differences between basic rate and Scottish or Welsh rates) would have applied by reference to the individual and the contribution, adjust the amount determined at Step 1 by (as the case may be)-

  • (a) adding to it the amount of the tax reduction to which the individual would have been entitled under section 192A(1), or
  • (b) subtracting from it the amount of tax for which the individual would have been treated as liable under section 192B(1).

Step 3

If the individual's liability to income tax for the relevant tax year would have been reduced by virtue of the application of section 192(4) (increase in basic rate and higher rate limits) by reference to the contribution, add the amount of the reduction to the amount determined at Step 2 (or, where Step 2 does not apply, to the amount determined at Step 1).'.

  • (4) After subsection (5) insert-

'(5A) If an amount is paid to a person under subsection (1) that ought not to have been paid to the person, the amount may be assessed and recovered as though it were an amount of income tax due from the person for the relevant tax year.'.

(5) Omit subsections (6) to (8).

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