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Finance Act 1975

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This is the original version (as it was originally enacted).

Part IIAmendment of Qualifying Conditions

3(1)The following provisions of this paragraph shall have effect for determining for the purposes of Schedule 1 and this Schedule whether a policy has been varied or whether a policy which confers on the person to whom it is issued an option to have another policy substituted for it or to have any of its terms changed is a qualifying policy.

(2)If the policy is one issued in respect of an insurance made before the appointed day—

(a)any such option shall, until it is exercised, be disregarded in determining whether the policy is a qualifying policy ; and

(b)any change in the terms of the policy which is made in pursuance of such an option shall be deemed to be a variation of the policy.

(3)If the policy is one issued in respect of an insurance made on or after the appointed day, the policy shall not be a qualifying policy unless it satisfies the conditions applicable to it under Schedule 1 before any such option is exercised and—

(a)each policy that might be substituted for it in pursuance of such an option would satisfy those conditions under the rules of paragraph 9 of that Schedule ; and

(b)the policy would continue to satisfy those conditions under the rules of that paragraph as applied by paragraph 10 of that Schedule if each or any of the changes capable of being made in pursuance of such an option had been made and were treated as a variation ;

and it shall not be treated as being varied by reason only of any change made in pursuance of such an option.

4(1)In relation to any policy issued in respect of an insurance made on or after the appointed day paragraphs 1 and 2 of Schedule 1 shall have effect subject to the following provisions of this paragraph.

(2)In paragraph for the words " sub-paragraphs (2) to (4)" there shall be substituted the words

sub-paragraphs (2) to (4A).

(3)In paragraph 1 the following shall be inserted after sub-paragraph (4) :—

(4A)Except where—

(a)the capital sum referred to in sub-paragraph (1) above is payable only in the circumstances mentioned in sub-paragraph (3) or (4) above, and

(b)the policy does not provide for any payment on the surrender in whole or in part of the rights conferred by it, and

(c)the specified term mentioned in sub-paragraph (3) or, as the case may be, (4) above ends at or before the time when the person whose life is insured attains the age of seventy-five years,

the capital sum, so far as payable on death, must not be less than 75 per cent, of the total premiums that would be payable if the death occurred at the age of seventy-five years, the age being, if the sum is payable on the death of the first to die of two persons, that of the older of them, if on the death of the survivor of them, that of the younger of them, and, in any other case, that of the person on whose death it is payable; and if the policy does not secure a capital sum in the event of death occurring before the age of sixteen or some lower age, it must not provide for the payment in that event of an amount exceeding the total premiums previously paid under it.

(4)In determining, for the purposes of sub-paragraph (3) above, whether a capital sum is less than 75 per cent, of the total premiums, any amount included in the premiums by reason of their being payable otherwise than annually shall be disregarded, and if the policy is issued in the course of an industrial assurance business as defined in section 1(2) of the Industrial Assurance Act 1923 or of the Industrial Assurance Act (Northern Ireland) 1924, 10 per cent, of the premiums payable under the policy shall be treated as so included.

(5)In paragraph 1(5) for the words " carries a guaranteed surrender value " there shall be substituted the words

provides for a payment on the surrender in whole or in part of the rights conferred by the policy.

(6)In paragraph 1(7) after the words " by reason of that event" there shall be inserted the words

but where what is so payable is either an amount consisting of one sum or an amount made up of two or more sums, the 75 per cent, mentioned in sub-paragraph (4A) above shall be compared with the smaller or smallest amount so payable.

(7)In paragraph 2(1)(d)(i) for the words " three-quarters" there shall be substituted the words

75 per cent.

and after the words " otherwise than annually " there shall be inserted the words

except that if, at the beginning of that term, the age of the person concerned exceeds fifty-five years, the capital sum so guaranteed may, for each year of the excess, be less by 2 per cent, of that total than 75 per cent, thereof, the person concerned being, if the capital sum is payable on the death of the first to die of two persons, the older of them, if on the death of the survivor of them, the younger of them and, in any other case, the person on whose death it is payable.

(8)In paragraph 2(1)(e) after the words "except by surrender" there shall be inserted the words

in whole or in part of the rights conferred by the policy.

5Where the new policy referred to in paragraph 9 of Schedule 1 is one issued on or after the appointed day then, in determining under sub-paragraph (2) of that paragraph whether that policy would or would not (apart from that paragraph) be a qualifying policy there shall be left out of account so much of the first premium payable thereunder as is accounted for by the value of the old policy.

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