# Finance Act 2004, Paragraph 11A


(1) This paragraph applies where—
(a) paragraph 7 applies in relation to an individual immediately before the individual's death (and any calculation required by paragraph 11 does not mean that there is then no longer a primary protection factor),
(b) a person is paid a defined benefits lump sum death benefit or an uncrystallised funds lump sum death benefit in respect of the individual, and
(c) notice of intention to rely on this paragraph is given to an officer of Revenue and Customs by that person in accordance with regulations made by the Commissioners for Her Majesty's Revenue and Customs.
(2) If the value of the individual's pre-commencement rights to death benefits (see paragraphs 11B to 11D) exceeds RR (as adjusted under paragraph 11, where that paragraph applies), the primary protection factor is to be recalculated.
(3) The re-calculation involves taking RR to be the value of the individual's pre-commencement rights to death benefits and arriving at a revised primary protection factor.
(4) The revised primary protection factor operates in relation to—
(a) the relevant benefit crystallisation event consisting of the payment of the lump sum death benefit, and
(b) any other relevant benefit crystallisation event consisting of the payment of a lump sum death benefit in respect of the individual.
(5) In this paragraph “relevant benefit crystallisation event” has the same meaning as in section 637S of ITEPA 2003 (availability of individual’s lump sum and death benefit allowance).

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Source: https://www.legislation.gov.uk/ukpga/2004/12/schedule/36/paragraph/11A (the official version)
Page: https://openlegislation.uk/finance-act-2004/schedule-36/paragraph-11A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.