OpenLegislation

Article 25B Circumstances in which stand-alone lump sums are paidF1

(1)

This article sets out the circumstances referred to in article 25(3)(b).

(2)

Circumstance A is where paragraph 28 of Schedule 36 (modification of F2Chapter 15A of Part 9 of ITEPA 2003 in the case of a member of a pension scheme to whom enhanced protection does not apply) applies in relation to the member.

(3)

Circumstance B is where—

(a)

paragraph 29 of Schedule 36 (modification of applicable amount in the case of a member of a pension scheme to whom enhanced protection applies) applies in relation to the member, and

(b)

on 5th April 2006, and on the assumptions set out in paragraph (5), all of the member’s rights under all of the member’s pension schemes within paragraphs (a) to (g) of paragraph 1(1) of Schedule 36 could have been paid out to the member in the form of a lump sum.

(4)

Circumstance C is where—

(a)

on 5th April 2006 the member was a member of a pension scheme within paragraphs (a) to (e) of paragraph 1(1) of Schedule 36 and relating to an employment (the “original pension scheme”),

(b)

on 5th April 2006, and on the assumptions set out in paragraph (5), all of the member’s rights under the original pension scheme, and all of the member’s rights under any other pension scheme within paragraphs (a) to (e) of paragraph 1(1) of Schedule 36 and relating to the same employment could have been paid out to the member in the form of a lump sum,

(c)

on and after 6th April 2006, relevant benefit accrual (as defined in paragraph 13 of Schedule 36) has not occurred under the original pension scheme in relation to the member,

(d)

on or after 6th April 2006 the member is paid a lump sum representing all of the member’s rights (to which the member did not have an actual entitlement on or before 5th April 2006) under the original pension scheme,

(e)

the circumstances set out in paragraphs (2) and (3) (circumstances A and B) do not apply.

(5)

The assumptions are that—

(a)

the member had retired on 5th April 2006;

(b)

the valuation assumptions apply (modified, if appropriate, in accordance with paragraph 25(7) of Schedule 36); and

(c)

the payment of the lump sum on 5th April 2006 (on the assumptions set out in paragraph 26(4) of Schedule 36) would not have given the Commissioners of Her Majesty’s Revenue and Customs grounds for withdrawing the approval of the pension scheme.

Annotations

Textual amendments

F1

Arts. 25-25D substituted for art. 25 (25.7.2006) by The Taxation of Pension Schemes (Transitional Provisions) (Amendment No. 2) Order 2006 (S.I. 2006/2004), arts. 1(1), 3

F2

Words in art. 25B(2) substituted (6.4.2024 for the tax year 2024-25 and subsequent tax years) by Finance Act 2024 (c. 3), Sch. 9 paras. 95(3), 124 (with Sch. 9 paras. 125-132A) (as amended by S.I. 2024/356, regs. 1, 4)