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—

A×1.2+Bmath

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—

C+(D×4)-E×0.71544math

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.