{
  "url": "https://openlegislation.uk/finance-act-2004/schedule-29/paragraph-16",
  "json_url": "https://openlegislation.uk/finance-act-2004/schedule-29/paragraph-16.json",
  "legislation": "ukpga/2004/12",
  "legislation_title": "Finance Act 2004",
  "legislation_url": "https://openlegislation.uk/finance-act-2004",
  "path": "schedule/29/paragraph/16",
  "kind": "paragraph",
  "number": "16",
  "heading": null,
  "text": "(1) For the purposes of this Part a lump sum death benefit is an annuity protection lump sum death benefit if—\n(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) it is paid in respect of a money purchase arrangement, and\n(c) it is paid in respect of a scheme pension or lifetime annuity to which the member was entitled at the date of the member’s death.\n(2) But if the amount of a lump sum falling within sub-paragraph (1) exceeds the annuity protection limit, the excess is not an annuity protection lump sum death benefit.\n(3) The annuity protection limit is—\nAC-AP-TPLSwhere—\nAC is—\n(a)where the lump sum is paid in respect of a scheme pension, the scheme pension purchase price, as determined under paragraph 2D(3) (disregarding paragraph 2D(4));\n(b)where the lump sum is paid in respect of a lifetime annuity, the annuity purchase price, as determined under paragraph 2B(3) (disregarding paragraph 2B(4));\nAP is the amount of the pension paid in respect of the period between the member becoming entitled to the pension or annuity and the member’s death, and\nTPLS is the total amount of annuity protection lump sum death benefit previously paid in respect of the pension or annuity under this paragraph.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 29 para. 16(1)(a) omitted (with effect in accordance with Sch. 16 paras. 85, 103 of the amending Act) by virtue of Finance Act 2011 (c. 11), Sch. 16 para. 36(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 29 para. 16(3) substituted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 6(5)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 29 para. 16(3) substituted (for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) Regulations 2026 (S.I. 2026/698), regs. 1(2)(6), 4(4)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 29 para. 16(3) substituted (for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) Regulations 2026 (S.I. 2026/698), regs. 1(2)(6), 4(4)(b)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Sch. 29 para. 16(3) modified (6.4.2006) by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), arts. 1(1), 33(1)(2)(5); (as amended (18.11.2024 for the tax year 2024-25 and subsequent tax years) by S.I. 2024/1012, regs. 1(2)(3), 25(21)(b))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2004/12/schedule/29/paragraph/16",
    "retrieved_at": "2026-10-29T09:17:16.113356+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."
}