{
  "url": "https://openlegislation.uk/draft-pensions-abolition-of-lifetime-allowance-charge-etc-regulations-2026/regulation-5",
  "json_url": "https://openlegislation.uk/draft-pensions-abolition-of-lifetime-allowance-charge-etc-regulations-2026/regulation-5.json",
  "legislation": "ukdsi/2026/9780348283686",
  "legislation_title": "The Pensions (Abolition of Lifetime Allowance Charge etc) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-pensions-abolition-of-lifetime-allowance-charge-etc-regulations-2026",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Schedule 36 to FA 2004",
  "text": "(1) Schedule 36 to FA 2004 (transitional provision and savings) is amended as follows.\n(2) In the heading of Part 2, for “rights:” substitute “rights and”.\n(3) In paragraph 18 (pre-commencement pension credits)—\n(a) in sub-paragraph (2), omit paragraph (a) (including the “and” at the end);\n(b) in sub-paragraph (8), in the definition of A, in paragraph (a), for “(see paragraph 6A(4))” substitute “(as specified in that provision for the purposes of paragraph 20H)”;\n(c) after that sub-paragraph insert—\n“(9) In this paragraph “relevant protection provision” has the meaning given in paragraph 20H(3).”\n(4) In paragraph 20A (pension credits from previously crystallised rights)—\n(a) in sub-paragraph (9), in the definition of A, in paragraph (a), for “(see paragraph 6A(4))” substitute “(as specified in that provision for the purposes of paragraph 20H)”;\n(b) after sub-paragraph (10) insert—\n“(11) In this paragraph “relevant protection provision” has the meaning given in paragraph 20H(3).”\n(5) In paragraph 20B (non-residence: general)—\n(a) in sub-paragraph (9), in the definition of A, in paragraph (a), for “(see paragraph 6A(4))” substitute “(as specified in that provision for the purposes of paragraph 20H)”;\n(b) after that sub-paragraph insert—\n“(10) In this paragraph “relevant protection provision” has the meaning given in paragraph 20H(3).”\n(6) In paragraph 20E (transfers from recognised overseas pension scheme: general)—\n(a) in sub-paragraph (10), in the definition of A, at the end of paragraph (a) insert “(as specified in that provision for the purposes of paragraph 20H)”;\n(b) after sub-paragraph (11) insert—\n“(12) In this paragraph “relevant protection provision” has the meaning given in paragraph 20H(3).”\n(7) Paragraph 29 (pre-commencement benefit rights: enhanced protection and lump sum protection: applicable amount) is amended in accordance with sub-paragraphs (8) to (10).\n(8) In sub-paragraph (3), in the modified paragraph 2B(2) of Schedule 29—\n(a) omit “(subject to sub-paragraph (4))”;\n(b) in the formula, omit “-E”;\n(c) omit the definition of E.\n(9) For sub-paragraph (4) substitute—\n“(4) Paragraph 2C of that Schedule (meaning of “the applicable amount” where the relevant pension is a defined benefits arrangement or a collective money purchase arrangement) applies as if, for sub-paragraphs (2) to (4), there were substituted—\n“(2) The applicable amount is (subject to sub-paragraph (3))—\nA B × C + D where—\n“A” is the value of the individual’s relevant uncrystallised lump sum rights on 5 April 2006, calculated in accordance with paragraphs 25 and 26 of Schedule 36;\n“B” is the value of the individual’s uncrystallised pension rights on 5 April 2006, calculated in accordance with paragraphs 8 and 9 of that Schedule;\n“C” is the pension commencement lump sum paid;\n“D” is an amount equal to the value of the pension rights crystallised by reason of the individual becoming entitled to the pension.\n(3) For the purposes of sub-paragraph (2), any part of what would otherwise be C or D which represents rights attributable to a disqualifying pension credit is to be disregarded.””\n(10) After sub-paragraph (5) insert—\n“(6) The Commissioners for His Majesty’s Revenue and Customs may by regulations make provision about how the value of pension rights crystallised by reason of an individual becoming entitled to a pension is to be determined for the purposes of paragraph 2C(2) of Schedule 29, as modified by sub-paragraph (4) of this paragraph.”\n(11) In paragraph 34, in sub-paragraph (3), in the modified version of paragraph 2 of Schedule 29—\n(a) in sub-paragraph (1), in the definition of B, for “(6)” substitute “(7)”;\n(b) in sub-paragraph (2), for the definition of F substitute—\n““F” is—\n(a) 1,073,100, or\n(b) if a relevant protection provision applies in relation to the member, the member’s lump sum and death benefit allowance (as determined in accordance with that provision).”;\n(c) in sub-paragraph (6)(c) for “collective money purchase scheme” substitute “collective money purchase arrangement”;\n(d) after sub-paragraph (6) insert—\n“(7) The following provisions are “relevant protection provisions” for the purposes of the definition of F in sub-paragraph (2)—\n(a) paragraph 14 of Schedule 18 to FA 2011 (fixed protection);\n(b) paragraph 1 of Schedule 22 to FA 2013 (“fixed protection 2014”);\n(c) paragraph 1 of Schedule 6 to FA 2014 (“individual protection 2014”);\n(d) paragraph 1 of Schedule 4 to FA 2016 (“fixed protection 2016”);\n(e) paragraph 9 of that Schedule (“individual protection 2016”).”\n(12) In paragraph 34A, in sub-paragraph (1)(b), in the modified version of section 637Q(6)(b) of ITEPA 2003, for “sub-paragraph (3)” substitute “sub-paragraph (2)”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Paragraph 18 of Schedule 36 to FA 2004 was substituted by paragraph 75 of Schedule 9 to FA 2024 (c. 3) and was amended by S.I. 2024/1012. Paragraphs 20A, 20B, 20E were inserted by paragraph 78 of Schedule 9 to FA 2024 and were amended by S.I. 2024/1012. Paragraphs 20A and 20E were also amended by S.I. 2024/1167. Paragraph 20H was inserted by S.I. 2024/1012. Paragraph 29 of Schedule 36 was substituted by paragraph 84 of Schedule 9 to FA 2024. Paragraph 34 was substituted by S.I. 2024/1167. Paragraph 34A was inserted by S.I. 2024/1167."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "“Collective money purchase arrangement” is defined in section 152(3A) of FA 2004. Subsection (3A) was inserted by paragraph 2 of Schedule 5 to FA 2021 (c. 26)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2011 c. 11. Paragraph 14 of Schedule 18 was amended by section 47 of FA 2013 (c. 29), section 23 of FA (No. 2) 2023 (c. 30), paragraph 90 of Schedule 9 to FA 2024 and by S.I. 2013/1740 and 2024/1012."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2013 c. 29. Paragraph 1 of Schedule 22 was amended by section 23 of FA (No. 2) 2023, paragraph 91 of Schedule 9 to FA 2024 and by S.I. 2024/1012."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "2014 c. 26. Paragraph 1 was amended by paragraph 92 of Schedule 9 to FA 2024 and by S.I. 2024/1012."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "2016 c. 24. Paragraphs 1 and 9 of Schedule 4 were amended by S.I. 2024/1012."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348283686/regulation/5",
    "retrieved_at": "2026-10-30T14:37:20.814452+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}