Regulation 9 Schedule 9 to FA 2024

(1)

Part 6 of Schedule 9 to FA 2024 (pensions: transitional provision)^f1 is amended as follows.

(2)

In paragraph 127A (availability of member’s overseas transfer allowance)—

(a)

in sub-paragraph (1)—

(i)

in paragraph (a) omit the “and” at the end;

(ii)

at the end of paragraph (b) insert

“ , and

(c)

at the time the transfer is made, the individual is not an individual to whom paragraph 12 of Schedule 36 to FA 2004 applies (enhanced protection)^f2.”;

(b)

in sub-paragraphs (2) and (3)(b) omit “adjusted”;

(c)

for sub-paragraph (4) substitute—

“(4)

Sub-paragraph (5) applies where the individual’s lifetime allowance previously-used amount includes one or more amounts (“crystallised drawdown amounts”) that are attributable to the occurrence, before 6 April 2024, of benefit crystallisation event 1 (designation of money purchase funds for drawdown).

(5)

The individual’s lifetime allowance previously-used amount is to be reduced for the purposes of sub-paragraphs (2) and (3) (but not below zero) by—

(a)

if there is only one crystallised drawdown amount, the amount given by the following formula in relation to it, or

(b)

if there is more than one crystallised drawdown amount, the sum of the amounts given by the following formula in relation to each of them.

(6)

The formula is—
$\frac{A}{B} \times 1, 073, 100$
where—

“A” is the crystallised drawdown amount in question;

“B” is the i`ndividual’s lifetime allowance on the occurrence of the benefit crystallisation event to which the crystallised drawdown amount in question is attributable^f3.”

(3)

In paragraph 127B (provision of information by individuals to certification administrators), after sub-paragraph (8) insert—

“(8A)

Sub-paragraph (8B) applies where—

(a)

a transitional tax-free amount certificate^f4 is issued in relation to an individual, and

(b)

the individual subsequently becomes a member of a pension scheme (“the new pension scheme”).

(8B)

The relevant person must send a copy of the certificate to the scheme administrator of the new pension scheme.

(8C)

Sub-paragraph (8B) must be complied with—

(a)

before the end of the period of 90 days beginning with the day on which the individual becomes a member of the new pension scheme, and

(b)

before the first day on which a relevant benefit crystallisation event occurs in relation to the individual after the day on which the individual becomes a member of the new pension scheme.”

(4)

In paragraph 129 (paragraphs 125 to 128: interpretation), in sub-paragraph (4C), for the words from “by the amount” to the end substitute “(but not below zero) by the amount given by the following formula—

$\frac{A}{B} x 1, 073, 100$
“where—

“A” is the amount or (if more than one) the sum of the amounts mentioned in sub-paragraph (4B)(b);

“B” is the individual’s lifetime allowance at the time the individual reached the age of 75.”

Annotations

Footnotes

f1: 2024 c. 3. Paragraph 127A of Schedule 9 was inserted by S.I. 2024/356 and was amended by S.I. 2024/1012. Paragraph 127B and sub-paragraph (4C) of paragraph 129 of Schedule 9 were inserted by S.I. 2024/1012.
f2: 2004 c. 12. Paragraph 12 was amended by paragraph 53 of Schedule 10 to FA 2005 (c. 7), paragraph 17 of Schedule 20 to FA 2007 (c. 11), paragraph 432 of Schedule 1 to the Corporation Tax Act 2010 (c. 4), paragraph 59 of Schedule 26 to the Equality Act 2010 (c. 15), section 23(2) of FA (No. 2) 2023 (c. 30) and by S.I. 2024/1012.
f3: “Lifetime allowance previously-used amount” is defined in paragraph 129 of Schedule 9 to FA 2024 (inserted by S.I. 2024/1012).
f4: “Transitional tax-free amount certificate” is defined in paragraph 127 of Schedule 9 to FA 2024 (as amended by S.I. 2024/1012).