Declaration of Compliance
Your Declaration of Compliance tells The Pensions Regulator that you’ve met your auto-enrolment duties. This guide explains what it is, when it’s due, and how to complete it.
What is the Declaration of Compliance?
The Declaration of Compliance is a formal declaration you submit online to The Pensions Regulator confirming that you’ve:
- Assessed your workers
- Chosen a qualifying pension scheme
- Auto-enrolled eligible workers
- Sent required communications to workers
- Set up correct contributions
This is mandatory. Every employer with at least one worker must complete a Declaration of Compliance, even if you have no eligible workers to enrol.
Your Deadline
You must complete your Declaration of Compliance within 5 months of your duties start date.
How to Find Your Duties Start Date
For most employers, your duties start date is the date you first had at least one worker. If you’re unsure:
- Check any letters from TPR
- Use TPR’s online duties checker
- Contact TPR directly: 0345 600 1011
Example Timeline
| Event | Date |
|---|---|
| First employee starts | 1 March 2024 |
| Auto-enrolment duties begin | 1 March 2024 |
| Declaration deadline (5 months) | 1 August 2024 |
What Happens If You Miss the Deadline?
Missing your Declaration of Compliance deadline triggers TPR’s enforcement process:
| Stage | What Happens | Consequence |
|---|---|---|
| 1 | Compliance notice | Formal warning |
| 2 | Fixed Penalty Notice | £400 fine |
| 3 | Escalating Penalty Notice | £50-£500 per day |
| 4 | Continued escalation | Up to £10,000 per day |
Don't ignore this. Penalties escalate quickly. A small business could face thousands in fines within weeks of missing the deadline.
Declaration of Compliance Checklist
Before completing your Declaration, ensure you have:
Pension Scheme Setup
- Chosen a qualifying workplace pension scheme
- Registered with the scheme provider
- Know your scheme’s Pension Scheme Registry (PSR) number
- Confirmed the scheme is active and accepting contributions
Worker Assessment
- Identified all workers (employees and any others)
- Assessed each worker’s category:
- Eligible jobholder (must auto-enrol)
- Non-eligible jobholder (right to opt in)
- Entitled worker (right to join)
- Documented your assessment
Auto-Enrolment
- Auto-enrolled all eligible jobholders
- Within required timeframe (6 weeks of eligibility)
- Without requiring employee action to join
Communications
- Written to eligible jobholders about their enrolment
- Written to non-eligible jobholders about opt-in rights
- Written to entitled workers about joining rights
- Used compliant letter templates
Contributions
- Set up payroll to calculate contributions correctly
- Using correct qualifying earnings band
- Meeting minimum contribution levels (3% employer, 5% employee)
- Paying contributions to scheme by 22nd of following month
Records
- Keeping records of all the above
- Storing securely for 6 years
How to Complete Your Declaration
Step 1: Gather Your Information
You’ll need:
- Your PAYE reference (from HMRC)
- Your Accounts Office reference (from HMRC)
- Your pension scheme PSR number (from your provider)
- Details of how many workers in each category
- Dates of auto-enrolment activities
Step 2: Access the Online Service
Go to: www.tpr.gov.uk/employers/declare
You’ll need to:
- Sign in or create a Government Gateway account
- Link your employer account to TPR
Step 3: Complete the Declaration
The online form will ask:
About your scheme:
- What type of scheme do you have?
- What’s the PSR number?
- When did it become active?
About your workers:
- How many workers do you have in total?
- How many eligible jobholders?
- How many non-eligible jobholders?
- How many entitled workers?
- How many were auto-enrolled?
About your duties:
- When did you auto-enrol eligible workers?
- Did you use postponement?
- Have you sent all required communications?
Step 4: Submit and Save
- Submit your declaration
- Save/print the confirmation
- Note your re-declaration date (3 years from now)
Re-Declaration Every 3 Years
Auto-enrolment is not a one-time task. You must:
- Re-enrol opted-out workers every 3 years
- Re-declare your compliance within 5 months of your re-enrolment date
Mark your re-enrolment date in your diary now – missing re-declaration attracts the same penalties as missing your initial declaration.
Common Mistakes to Avoid
Mistake 1: Assuming You Don’t Need to Declare
Everyone with at least one worker must declare – even if:
- All your workers are below earnings threshold
- All workers opted out
- You only have part-time staff
- You’re a micro-business
Mistake 2: Using the Wrong Scheme Details
Ensure you have the correct:
- PSR number (not a generic provider reference)
- Scheme type (defined contribution, master trust, etc.)
- Correct contribution rates
Mistake 3: Forgetting to Re-Declare
Set a calendar reminder for 3 years’ time. Re-declaration has the same deadline (5 months) and same penalties.
Mistake 4: Not Keeping Evidence
Keep records of:
- Your completed declaration (screenshot/print)
- Confirmation from TPR
- All worker communications
- Scheme setup documentation
If You’ve Already Missed Your Deadline
Don’t panic, but act immediately:
- Complete your declaration now – even if late
- Ensure all duties are complete – enrolments, communications, contributions
- Respond to any TPR notices – ignoring them makes penalties worse
- Consider seeking help – accountant, payroll provider, or direct TPR support
TPR is generally more lenient with employers who act quickly to rectify non-compliance than those who ignore notices.
Getting Help
| Resource | Contact |
|---|---|
| TPR Helpline | 0345 600 1011 |
| TPR Online Services | tpr.gov.uk |
| Your Pension Provider | Check your scheme documents |
| Your Accountant | For payroll and contribution queries |
Beyond Compliance: Employee Understanding
Completing your Declaration of Compliance is the minimum legal requirement. But TPR also expects you to help employees make “informed decisions.”
Trackable pension training helps you:
- Demonstrate employee engagement
- Provide evidence beyond basic compliance
- Show auditors you’ve gone above the minimum
- Actually help employees understand their pension