OpenLegislation

Paragraph 31 C1C2C3

United Kingdom

(1)

If the pension condition is met in relation to an individual and a registered pension scheme which is a protected pension scheme, the provisions of Schedule 29 relating to pension commencement lump sums apply in relation to the individual and the pension scheme with the modifications specified in F1paragraph 34(2) (but subject to sub-paragraph (2) of this paragraph and to paragraph 34(3)).

F2(1A)

For provision about the tax treatment of a pension commencement lump sum the permitted maximum of which is determined under paragraph 2 of Schedule 29 as modified by paragraph 34(3), see paragraph 34A.

(2)

Those provisions do not apply with those modifications if the lump sum condition and registration condition in paragraph 24 are met.

C4C5C6C7C8(3)

The pension condition is that

F3(a)

the individual becomes entitled to all the pensions payable to the individual under arrangements under the pension scheme (to which the individual did not have an actual entitlement on or before 5th April 2006) on the same dateF4, and

(b)

the individual does not become entitled to more than one pension commencement lump sum in connection with becoming entitled to those pensions.

(4)

A registered pension scheme is a protected pension scheme if condition A or condition B is met.

(5)

Condition A is met if—

(a)

the pension scheme was within any of paragraphs (a) to (e) of paragraph 1(1), and

(b)

on 5th April 2006 the lump sum percentage of the individual’s uncrystallised rights under the pension scheme exceeded 25%.

(6)

The lump sum percentage of an individual’s uncrystallised pension rights under a pension scheme on 5th April 2006 is—

VULSRVUR×100

where—

VULSR is the value of the individual’s uncrystallised lump sum rights under the pension scheme on 5th April 2006, calculated in accordance with paragraph 32, and

VUR is the value of the individual’s uncrystallised rights under the pension scheme on 5th April 2006, calculated in accordance with paragraph 33.

(7)

Condition B is met if the individual is a member of the pension scheme F5(“a transferee pension scheme”) as a result of—

(a)

a block transfer from the pension scheme (“the original pension scheme”) in relation to which condition A is met to the transferee pension scheme, or

(b)

a block transfer to the transferee pension scheme from a pension scheme that was a transferee pension scheme in relation to the original pension scheme by virtue of the previous application of paragraph (a) or the previous application (on one or more occasions) of this paragraph.

(8)

“Block transfer” has the same meaning as in paragraph 22(6) F6and (6A), but treating the references there to the member as references to the individual F7and reading paragraph 22(6A)(c) as if its reference to paragraph 22(7)(a) were a reference to sub-paragraph (3) of this paragraph.

(9)

Where a pension scheme is a protected pension scheme because condition B is met, Schedule 29 as modified by paragraph 34 applies as if the protected pension scheme were the same pension scheme as the original pension scheme.

Annotations

Textual amendments

F1

Words in Sch. 36 para. 31(1) substituted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 3) Regulations 2024 (S.I. 2024/1167), regs. 1(2)(3), 3(7)(a) (with reg. 6)

F2

Sch. 36 para. 31(1A) inserted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 3) Regulations 2024 (S.I. 2024/1167), regs. 1(2)(3), 3(7)(b) (with reg. 6)

F3

Words in Sch. 36 para. 31(3) renumbered as Sch. 36 para. 31(3)(a) (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 3) Regulations 2024 (S.I. 2024/1167), regs. 1(2)(3), 3(7)(c)(i) (with reg. 6)

F4

Sch. 36 para. 31(3)(b) and word inserted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 3) Regulations 2024 (S.I. 2024/1167), regs. 1(2)(3), 3(7)(c)(ii) (with reg. 6)

F5

Words in Sch. 36 para. 31(7) substituted (6.4.2006) by Finance Act 2005 (c. 7), Sch. 10 paras. 55(6), 64(1)

F6

Words in Sch. 36 para. 31(8) inserted (19.3.2014) by Finance Act 2014 (c. 26), Sch. 5 paras. 9(a), 15

F7

Words in Sch. 36 para. 31(8) inserted (19.3.2014) by Finance Act 2014 (c. 26), Sch. 5 paras. 9(b), 15

Modifications

C1

Sch. 36 para. 31 applied (6.4.2006) by The Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 (S.I. 2006/131), regs. 1, 9(8)

C2

Sch. 36 Pt. 3 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 31(1)

C3

Sch. 36 para. 31 modified (6.4.2006) by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), arts. 1(1), 21, 22

C4

Sch. 36 para. 31(3) modified (6.4.2006) by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), arts. 1(1), 26

C5

Sch. 36 para. 31(3) modified by S.I. 2006/572, art. 23ZE(3) (as inserted (with effect in accordance with art. 1(2) of the amending S.I.) by The Taxation of Pension Schemes (Transitional Provisions) (Amendment) Order 2011 (S.I. 2011/732), arts. 1(1), 3); (as amended (18.11.2024 for the tax year 2024-25 and subsequent tax years) by S.I. 2024/1167, regs. 1(2)(3), 4(7) (with reg. 6))

C6

Sch. 36 para. 31(3) modified by S.I. 2006/572, art. 23ZA(2) (as inserted (with effect in accordance with art. 1(2) of the amending S.I.) by The Taxation of Pension Schemes (Transitional Provisions) (Amendment) Order 2011 (S.I. 2011/732), arts. 1(1), 3); (as amended (18.11.2024 for the tax year 2024-25 and subsequent tax years) by S.I. 2024/1167, regs. 1(2)(3), 4(5) (with reg. 6))

C7

Sch. 36 para. 31(3) modified by S.I. 2006/572, art. 23ZD(2) (as inserted (with effect in accordance with art. 1(2) of the amending S.I.) by The Taxation of Pension Schemes (Transitional Provisions) (Amendment) Order 2011 (S.I. 2011/732), arts. 1(1), 3); (as amended (18.11.2024 for the tax year 2024-25 and subsequent tax years) by S.I. 2024/1167, regs. 1(2)(3), 4(6) (with reg. 6))

C8

Sch. 36 para. 31(3) modified by S.I. 2006/572, art. 23ZC(3) (as inserted (with effect in accordance with art. 1(2) of the amending S.I.) by The Taxation of Pension Schemes (Transitional Provisions) (Amendment) Order 2011 (S.I. 2011/732), arts. 1(1), 3)

Notes on Schedule 36

Modifications

C1

Sch. 36 applied (1.6.2018) by The Local Government Pension Scheme (Scotland) Regulations 2018 (S.S.I. 2018/141), regs. 1(1), 48(2)

C2

Sch. 36 modified by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), art. 23D (as inserted (1.6.2009) by S.I. 2009/1172, arts. 1, 3; and as amended (for the tax year 2024-25 and subsequent tax years) by S.I. 2024/1012, regs. 1(2)(3), 25(15) and by S.I. 2026/698, regs. 1(2)(6), 14(3))