2012 No. 522

Income Tax

The Registered Pension Schemes (Authorised Payments) (Amendment) Regulations 2012

Made

Laid before the House of Commons

Coming into force

The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by section 164(1)(f) and (2) of the Finance Act 20041, and now exercisable by them2:

Citation, commencement and effect1

1

These Regulations may be cited as the Registered Pension Schemes (Authorised Payments) (Amendment) Regulations 2012 and shall come into force on 6th April 2012.

2

These Regulations shall have effect in relation to payments made on or after 6th April 2012.

Amendment of the Registered Pension Schemes (Authorised Payments) Regulations 20092

1

The Registered Pension Schemes (Authorised Payments) Regulations 20093 are amended as follows.

2

After regulation 11 (De minimis rule for pension schemes), insert—

11A

1

A payment to a member by a pension scheme which is not a public service pension scheme or an occupational pension scheme in respect of an arrangement under that scheme if—

a

the member has reached the age of 60;

b

the payment does not exceed £2,000;

c

the payment extinguishes the member’s entitlement to benefits under the arrangement; and

d

the condition in paragraph (2) is satisfied.

2

The condition is that the member has not previously received more than one payment under this regulation.

Steve LameyDave HartnettTwo of the Commissioners for Her Majesty’s Revenue and Customs
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Registered Pension Schemes (Authorised Payments) Regulations 2009 (S.I. 2009/1171) which provide that a variety of payments will be authorised payments when made by pension schemes to or in respect of their members.

Regulation 11A provides that a commutation payment that is not otherwise permitted by the provisions in the Finance Act 2004, will be an authorised payment if the requirements prescribed under that regulation are fulfilled. This amendment has effect from 6th April 2012.

A Tax Information and Impact Note, covering this instrument was published on 6th December 2011 and is available on the HMRC website at www.hmrc.gov.uk. It remains an accurate summary of the impacts that apply to this instrument.