Regulation 4 Payments not to be regarded as relevant income

(1)

Excess payments of a lifetime annuity or dependants’ annuity unless the payments fall within paragraph (4).

(2)

Excess payments are payments that exceed the amount of the minimum annuity guaranteed to be paid each year under the annuity contract for the annuity over its full term.

(3)

For the purposes of this regulation “full term” means the minimum period over which a lifetime annuity or a dependants’ annuity must be payable in accordance with the applicable provision of paragraphs 3(1), 17(1)(d) or (e) of Schedule 28 to the Finance Act 2004^f1.

(4)

Paragraph (1) does not apply to payments of a lifetime or dependants’ annuity where the annual amount of the annuity—

(a)

cannot decrease, or

(b)

is determined in accordance with the manner prescribed in regulation 2(2)(a)(i) (variation in line with the RPI) of the Registered Pension Schemes (Prescribed Manner of Determining Amount of Annuities) Regulations 2006^f2.

Annotations

Footnotes

f1: Paragraph 3(1) of Schedule 28 was amended by paragraph 13 of Schedule 10 to the Finance Act 2005 (c. 7). Paragraph 17(1) was amended by paragraphs 15 and 29 of Schedule 10 to the Finance Act 2005 and S.I. 2007/493.
f2: S.I. 2006/568 as amended by S.I. 2011/1751.