Schedules
Schedule 9Pensions
Part 4Transitional protections
87Amendments of Part 3 of Schedule 36 to FA 2004
For paragraph 34 (pre-commencement benefit rights: application of Schedule 29 to FA 2004 where paragraph 31 applies) substitute—
34
1
Paragraph 2 of Schedule 29 (pension commencement lump sums: definition of “permitted maximum”) applies as if the permitted maximum were—
where—
A is the value of the individual’s uncrystallised lump sum rights under the pension scheme on 5th April 2006, calculated in accordance with paragraph 32;
B is the additional lump sum amount.
2
The additional lump sum amount is—
where—
C is the pension commencement lump sum paid;
D is the applicable amount in relation to the relevant pension (see paragraphs 2A to 2D of Schedule 29);
E is the value of the individual’s uncrystallised rights under the pension scheme on 5th April 2006, calculated in accordance with paragraph 33.
3
For the purposes of section 637Q of ITEPA 2003 (availability of individual’s lump sum allowance), the “non-taxable amount” of a pension commencement lump sum paid to the individual is to be treated as an amount equal to the applicable amount in relation to the relevant pension.
4
Any part of what would otherwise be D or E which represents rights attributable to a disqualifying pension credit is to be disregarded.