SCHEDULES

C2C3SCHEDULE 36Pension schemes etc: transitional provisions and savings

Annotations:
Modifications etc. (not altering text)
C2

Sch. 36 modified by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), art. 23D (as inserted (1.6.2009) by S.I. 2009/1172, arts. 1, 3)

C1Part 3Pre-commencement benefit rights

Annotations:
Modifications etc. (not altering text)

Lump sum rights exceeding £375,000: primary and enhanced protection

27

1

If (and for so long as) paragraph 12 (enhanced protection) applies in relation to the individual, paragraph 2 of Schedule 29 applies in relation to the individual with the following modifications.

2

If the value of the individual’s relevant uncrystallised lump sum rights on 5th April 2006 (calculated in accordance with paragraphs 25 and 26) was nil, the permitted maximum under paragraph 2 is nil.

3

Otherwise, paragraph 2 applies as if for sub-paragraphs (5) to (8) there were substituted—

5

If sub-paragraph (2) does not apply, the permitted maximum is F1the lower of—

a

the applicable amount calculated in accordance with paragraph 3, and

b

the amount that would have been the applicable amount calculated in accordance with paragraph 3 if the lump sum had been paid on 5 April 2023.