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The Public Services Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023

On Friday 25th November HMRC released their consultation on The Public Services Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023.

It includes draft tax legislation and accompanying guidance, and although aimed at public pension scheme administrators, it may also be relevant for those members of the AFPS with technical knowledge of pensions taxation. The HMRC consultation can be found here.

The MOD will be releasing its own consultation on the 2015 McCloud remedy in early February, with further details on this to be published in the near future. The MOD consultation will include an enclosure dedicated to tax, providing a simplified version of the HMRC consultation tax guidance along with some supporting notes to explain the impact of the new tax regulations on members of the AFPS. 

As The Public Services Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023 are not AFPS regulations we will not be looking to pose any questions around the operation of the new tax rules in the MOD consultation. Instead, we will provide members with information about how the regulations affect the AFPS.

For those members who wish to make comment on The Public Services Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023 we ask that you do so by emailing pensions.policy@hmrc.gov.uk by 11:59pm on 6 January 2023.

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