Part 4Savings and investment income

C1C3C2Chapter 9Gains from contracts for life insurance etc.

Annotations:
Modifications etc. (not altering text)
C1

Pt. 4 Ch. 9 applied (with modifications) by The Individual Savings Account Regulations 1998 (S.I. 1998/1870), reg. 36 (as added by S.I. 1998/3174, reg. 12 and as amended (6.4.2008) by S.I. 2008/704, regs. 1, 17(4))

C3

Pt. 4 Ch. 9 applied (with modifications) by The Child Trust Funds Regulations 2004 (S.I. 2004/1450), reg. 38 (as amended (6.4.2010) by S.I. 2010/582, regs. 1, 18)

C2

Pt. 4 Ch. 9: power to exclude conferred (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 61(4) (with s. 147, Sch. 17)

Calculating gains: general

495Disregard of certain amounts in calculating gains under section 491

1

A retained replacement policy premium is ignored in calculating—

a

the total benefit value of a policy under section 492(1), or

b

the total allowable deductions for a policy under section 494(1).

2

In subsection (1) “retained replacement policy premium” means a sum which—

a

has been payable under a policy which is one of two or more policies treated as a single policy under section 542(1) (qualifying policies and policies replacing them), and

b

is such a sum as is mentioned in section 542(4) and meets the condition in that section.

3

For the purposes of section 492(1)(b) and (c) (total benefit value: capital sums and benefits paid or conferred before the event in question), any sum paid or benefit conferred under a policy is ignored if it is attributable to a person's disability.

4

For the purposes of section 492(1)(f) (total benefit value: assignments), a share assigned before the event is ignored if—

a

it was assigned in an insurance year (see section 499) that began on or after 6th April 2001, and

b

it was not assigned for money or money's worth.

5

The reference to the policy in subsection (3) includes any related policy.