Income and Corporation Taxes Act 1988

318Other pensions in respect of death due to war service etc

(1)Payments of pensions or allowances to which this section applies shall not be treated as income for any purposes of the Income Tax Acts.

(2)This section applies to—

(a)any pension or allowance payable by or on behalf of the Department of Health and Social Security under so much of any Order in Council, Royal Warrant, order or scheme as relates to death due to—

(i)service in the armed forces of the Crown or war-time service in the merchant navy, or

(ii)war injuries;

(b)any pension or allowance at similar rates and subject to similar conditions which is payable by the Ministry of Defence in respect of death due to peacetime service in the armed forces of the Crown before 3rd September 1939; and

(c)any pension or allowance which is payable under the law of a country other than the United Kingdom and is of a character substantially similar to a pension or allowance falling within paragraph (a) or (b) above.

(3)Where a pension or allowance falling within subsection (2) above is withheld or abated by reason of the receipt of another pension or allowance not falling within that subsection, there shall be treated as falling within that subsection so much of the other pension or allowance as is equal to the pension or allowance that is withheld or, as the case may be, to the amount of the abatement.