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PART 4Modification of tax regime

Lifetime allowance charge

13.—(1) This regulation applies to a person (P), who—

(a)is a member of the old scheme whether by virtue of pensionable service for that scheme or deemed transfer scheme service under paragraph 2 of Schedule 7 to the 2014 Act (final salary link);

(b)is a member of the new scheme by virtue of pensionable service for the new scheme;

(c)is being paid an ill health pension under paragraph 29 of Schedule 2 (transitional provisions) to the Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014: and

(d)has an ill-health pension paid from the new scheme reduced as a consequence of P becoming entitled to payment of a scheme pension (within the meaning of paragraph 2 of Schedule 28 to Finance Act 2004(1))under the old scheme.

(2) Section 216 of the Finance Act 2004(2) (benefit crystallisation events and amounts crystallised) is modified in its application to P as specified in paragraph (3).

(3) The payment of any scheme pension from the old scheme to P is treated as if it was not a benefit crystallisation event within the meaning of section 216 of the Finance Act 2004.

(1)

2004 c. 12. Paragraph 2 was amended by section 101 and 104 of, and Schedules 10 and 11 to, the Finance Act 2005 (c.7); section 161 of, and Schedule 23 to, the Finance Act 2006 (c.25); by section 70 of, and Schedule 20 to, the Finance Act 2007 (c.11); and by section 51 of the Finance Act 2013 (c.29); and by S.I. 2007/493.

(2)

2004 c. 12. Section 216 was amended by section 101 of, and paragraphs 1 and 31 of Schedule 10 to, the Finance Act 2005 (c.7); section 161 of, and paragraphs 1 and 30 of Schedule 23 to, the Finance Act 2006 (c.25); by section 92 of, and paragraphs 4 and 5 of Schedule 29 to, the Finance Act 2008 (c.9); and by section 65 of, and paragraphs 62 and 73 of Schedule 16 to, the Finance Act 2011 (c.11).