87F.—(1) Where P becomes liable for a penalty in accordance with regulation 87B(1) an officer of Revenue and Customs shall—
(a)make a decision in accordance with section 8(1)(k)(ii) of the Transfer Act;
(b)notify P; and
(c)state in the notice of decision the amount of the penalty imposed and the period to which it relates.
(2) The penalty referred to in regulation 87B(1)—
(a)must be paid before the end of the period of 30 days beginning with the date of the issue of the notice of decision; and
(b)shall be recoverable as if it were a Class 2 contribution due and payable.
(3) A notice of decision must be issued before the end of the period of 12 months beginning with—
(a)where there has been a decision that P was liable to pay Class 2 contributions and a determination of the amount P was or is liable to pay, the end of the appeal period; or
(b)if there is no such decision, the date on which the contributions unpaid by reason of the failure to notify are finally determined.
(4) In paragraph (3)(a) “appeal period” means the period during which—
(a)an appeal could be brought, or
(b)an appeal that has been brought has not been determined or withdrawn.
(5) A notice of decision under paragraph (1), may be combined with an assessment issued in accordance with paragraph 16 of Schedule 41 to the Finance Act 2008.]
Textual Amendments
F1Regs. 87A-87G inserted (with effect in accordance with reg. 1(2)(b) of the amending S.I.) by The Social Security (Contributions) (Amendment No. 3) Regulations 2009 (S.I. 2009/600), regs. 1(1), 6