Article 41 Lump sum death benefits — death of a dependantI1

United Kingdom

(1)

This paragraph applies to a lump sum paid—

(a)

in respect of the death, occurring before the 6th April 2006, of a dependant of a former member of a pension scheme;

(b)

by a scheme which is treated as becoming a registered pension scheme on the 6th April 2006 by virtue of paragraph 1(1)(g) of Schedule 36 (personal pension schemes);

(c)

within two years of F1the date upon which the administrator of the pension scheme could reasonably have known of the dependant’s death;

(d)

in accordance with the rules of that scheme as they stood—

(i)

immediately before the dependant’s death; or

(ii)

immediately before the 6th April 2006; and

(e)

in circumstances which would not have F2led to the Commissioners withdrawing the approval of the scheme.

(2)

Paragraphs (3) to (5) of article 40 apply for the purposes of paragraph (1) as they apply for the purposes of paragraph (1) of that article.

Annotations

Textual amendments

F1: Words in art. 41(1)(c) substituted (with effect in accordance with art. 1 of the amending S.I.) by The Taxation of Pension Schemes (Transitional Provisions) (Amendment) Order 2006 (S.I. 2006/1962), arts. 1, 5(a)
F2: Words in art. 41(1)(e) substituted (with effect in accordance with art. 1 of the amending S.I.) by The Taxation of Pension Schemes (Transitional Provisions) (Amendment) Order 2006 (S.I. 2006/1962), arts. 1, 5(b)

Commencement

I1: Art. 41 in force at 6.4.2006, see art. 1(1)