SCSB and waiving right to TFLS

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givecredit

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A work colleague recently made redundant. He had asked his employer to use the SCSB exemption. At time of termination the employee had signed the waiver to waive rights to future TFLS, but this wasn't submitted to pension company in advance of termination date, so employer used the basic exemption instead. Can my colleague now make a return with revenue to claim the SCSB relief or does the fact that the waiver wasn't submitted to pension company in advance of employment terminated prevent this?
 
There is the basic exemption, increased exemption and scsb. The tfls only interacts with the latter 2. If they ignored the waiver then they would still have used them. Just would be a different tax result.
Is this what happened ?

In any case I think it is a payroll processing error and I would pressure the company to write to revenue to fix it.
 
Yes, they ignored waiver, as the pension company hasn't received the waiver by 30th June. Colleague was waiting on figures from employer in relation to the main tax options, basic, enhanced scsb etc. They never got these, but the payment was processed on 8th July with basic option. Employer is saying that colleague can claim tax back from revenue. The doubt remains on weather the revenue will accept a waiver that has been received by pension company and acknowledged after termination date.
 
I doubt there would be an issue with getting the reclaim but to be sure they could get the pension company to reissue the letter with an effective date in June
 
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