UKPGA-2014-30 Taxation of Pensions Act 2014 UK

Current to 2017-02-07

Contents
preamble

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s. 1 — Provision for pension flexibility etc

Schedule 1 has effect. In that Schedule—Part 1 contains provision about flexibly accessing certain drawdown funds, Part 2 contains provision about removing certain restrictions relating to annuities to which individuals become entitled on or after 6 April 2015, Part 3 contains provision about authorising one-off pension payments not made through a drawdown fund, Part 4 contains provision about charging the annual allowance charge, in cases where an individual has flexibly accessed pension rights, on inputs in respect of money purchase arrangements (and some hybrid arrangements) so far as they exceed £10,000 in a tax year, Part 5 contains further provision in connection with the taxation of pensions, Part 6 contains provision about the giving of information, and Part 7 contains provision about overseas pensions.

s. 2 — Restriction and reduction of tax charges on certain lump sums
s. 2(1)

Chapter 5 of Part 4 of FA 2004 (registered pension schemes: tax charges) is amended as follows.

s. 2(2)

In section 206(1) (special lump sum death benefits charge arises where certain lump sums are paid by a registered pension scheme) after “registered pension scheme” insert “ in respect of a member who had reached the age of 75 at the date of the member's death ”.

s. 2(3)

In section 206(4) (special lump sum death benefits charge: rate of charge) for “55%” substitute “ 45% ”.

s. 2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 2(5)

The amendments made by this section apply to lump sums paid on or after 6 April 2015.

s. 3 — Death of pension scheme member

Schedule 2 has effect.

s. 4 — Citation, interpretation and consequential amendments
s. 4(1)

This Act may be cited as the Taxation of Pensions Act 2014.

s. 4(2)

In this Act—

s. 4(2)(a)

“FA”, followed by a year, means the Finance Act of that year, and

s. 4(2)(b)

“ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003.

s. 4(3)

The Commissioners for Her Majesty's Revenue and Customs may by regulations make such amendments of Part 4 of FA 2004, or Part 9 of ITEPA 2003, as the Commissioners consider appropriate in consequence of this Act.

s. 4(4)

For the purposes of section 282 of FA 2004 and section 1014 of the Income Tax Act 2007 (orders and regulations), the power under subsection (3) of this section is treated as a power under Part 4 of FA 2004 (so that section 282, and not section 1014, applies in relation to regulations made under subsection (3)).

Sch 1

Pension flexibility etc

Sch 1

Drawdown pensions

Annual cap on pension drawdown abolished for flexi-access drawdown funds

Sch 1 para 1

In section 165(1) of FA 2004 (the pension rules) in pension rule 5 (annual cap on drawdown pension) after “in each drawdown pension year” insert “ from, or under a short-term annuity purchased using sums or assets out of, the member's drawdown pension fund ”.

Sch 1 para 2

In paragraph 8(1A) of Schedule 28 to FA 2004 (meaning of “member's drawdown pension fund”: funds designated as available for drawdown)—

Sch 1 para 2(a)

in the opening words omit “they”,

Sch 1 para 2(b)

in paragraph (a) for “have been designated at any time” substitute “ they have, at any time before 6 April 2015, been designated ”,

Sch 1 para 2(c)

before the “or” at the end of paragraph (a) insert—, and

Sch 1 para 2(d)

in paragraph (b)—

Sch 1 para 2(d)(i)

at the beginning insert “ they ”, and

Sch 1 para 2(d)(ii)

for “sums or assets which have been so designated or” substitute “ member-designated funds under paragraph (a) or (aa) or from sums or assets ”.

Flexi-access drawdown funds

Sch 1 para 3
Sch 1 para 3(1)

In Schedule 28 to FA 2004 after paragraph 8 insert—

Sch 1 para 3(2)

Sub-paragraph (1), so far as it inserts the new paragraph 8D, has effect in relation to—

Sch 1 para 3(2)(a)

cases where both the designation and transfer are made after the end of 2 months beginning with the day on which this Act is passed, and

Sch 1 para 3(2)(b)

cases not within paragraph (a) where—

Sch 1 para 3(2)(b)(i)

the transfer is made before 6 April 2015 and the designation is made on or after 6 April 2015, or

Sch 1 para 3(2)(b)(ii)

the designation is made before 6 April 2015 and the transfer is made on or after 6 April 2015.

Sch 1 para 4
Sch 1 para 4(1)

In Schedule 28 to FA 2004 after paragraph 22 insert—

Sch 1 para 4(2)

Sub-paragraph (1), so far as it inserts the new paragraph 22D, has effect in relation to—

Sch 1 para 4(2)(a)

cases where both the designation and transfer are made after the end of 2 months beginning with the day on which this Act is passed, and

Sch 1 para 4(2)(b)

cases not within paragraph (a) where—

Sch 1 para 4(2)(b)(i)

the transfer is made before 6 April 2015 and the designation is made on or after 6 April 2015, or

Sch 1 para 4(2)(b)(ii)

the designation is made before 6 April 2015 and the transfer is made on or after 6 April 2015.

Further drawdown amendments

Sch 1 para 5

FA 2004 is amended as follows.

Sch 1 para 6

In section 167(1) (the pension death benefit rules) in pension death benefit rule 4 (annual cap on dependants' drawdown pension) after “in each drawdown pension year” insert “from, or under a dependants' short-term annuity purchased using sums or assets out of, the dependant's drawdown pension fund”.

Sch 1 para 7

In section 168(1), in the lump sum death benefit rule, after paragraph (e) insert—.

Sch 1 para 8

In section 169(1D) (regulations about transfers of drawdown funds) after paragraph (a) insert.

Sch 1 para 9

In section 172B(2) (rights of a “relevant member”)—

Sch 1 para 9(a)

omit the “or” at the end of paragraph (aa), and

Sch 1 para 9(b)

after paragraph (b) insert

Sch 1 para 10

In section 172B(7A) (section does not apply to certain increases in rights) after “dependant's drawdown pension fund” (in both places) insert “ or dependant's flexi-access drawdown fund ”.

Sch 1 para 11

In section 182(3) (value of arrangement for purposes of borrowing limits)—

Sch 1 para 11(a)

after paragraph (a) insert—, and

Sch 1 para 11(b)

in paragraph (b) after “dependants' drawdown pension funds” insert “or dependants' flexi-access drawdown funds”.

Sch 1 para 12

In section 182(5) (determining whether rights are uncrystallised) after “the person's drawdown pension fund” insert “ or the person's flexi-access drawdown fund ”.

Sch 1 para 13

In section 206(1) (payments which trigger special lump sum death benefits charge)—

Sch 1 para 13(a)

omit the “or” at the end of paragraph (b), and

Sch 1 para 13(b)

after paragraph (c) insert.

Sch 1 para 14

In section 211(1) (value of crystallised rights for purposes of section 210)—

Sch 1 para 14(a)

omit the “and” at the end of paragraph (a), and

Sch 1 para 14(b)

after paragraph (b) insert

Sch 1 para 15

In section 212(2) (value of uncrystallised rights for purposes of section 210: rights which are not uncrystallised) after “the member's drawdown pension fund” insert “ or the member's flexi-access drawdown fund ”.

Sch 1 para 16

In section 216(1) (benefit crystallisation events and amounts crystallised), in column 2 of the entry in the table for benefit crystallisation event 5A, after “representing the individual's drawdown pension fund under the arrangement” insert “ (if any), plus the aggregate of the amount of the sums and the market value of the assets representing the individual's flexi-access drawdown fund under the arrangement (if any), ”.

Sch 1 para 17

In section 273A(1) (regulations about certain payments by insurance companies)—

Sch 1 para 17(a)

omit the “or” at the end of paragraph (b), and

Sch 1 para 17(b)

after paragraph (c) insert.

Sch 1 para 18

In section 280(2) (index of defined expressions) at the appropriate places insert—

Sch 1 para 19

In paragraph 7 of Schedule 28 (meaning of “income withdrawal”) at the end insert “ or from the member's flexi-access drawdown fund in respect of an arrangement ”.

Sch 1 para 20

In paragraph 21 of Schedule 28 (meaning of “dependants' income withdrawal”) at the end insert “ or from the dependant's flexi-access drawdown fund in respect of an arrangement ”.

Sch 1 para 21

In paragraph 22(2) of Schedule 28 (meaning of “dependant's drawdown pension fund”: funds designated as available for dependants' drawdown pension)—

Sch 1 para 21(a)

in the opening words omit “they”,

Sch 1 para 21(b)

in paragraph (a) for “have been designated at any time” substitute “ they have, at any time before 6 April 2015, been designated ”,

Sch 1 para 21(c)

before the “or” at the end of paragraph (a) insert—, and

Sch 1 para 21(d)

in paragraph (b)—

Sch 1 para 21(d)(i)

at the beginning insert “ they ”, and

Sch 1 para 21(d)(ii)

for “sums or assets which have been so designated or” substitute “ dependant-designated funds under paragraph (a) or (aa) or from sums or assets ”.

Sch 1 para 22

In paragraph 3(5)(a) and (8)(a) of Schedule 29 (deductions when calculating “applicable amount”) after “of the member's drawdown pension fund” insert “ or of the member's flexi-access drawdown fund ”.

Sch 1 para 23

In paragraph 17 of Schedule 29 (meaning of “drawdown pension fund lump sum death benefit”)—

Sch 1 para 23(a)

in sub-paragraph (1)(a) for “under” substitute “ to be paid from the member's drawdown pension fund in respect of ”, and

Sch 1 para 23(b)

in sub-paragraph (2)(c) after “at the date of the dependant's death” insert “ to be paid from the dependant's drawdown pension fund ”.

Sch 1 para 24

In Schedule 29 after paragraph 17 insert—

Sch 1 para 25

In paragraph 18 of Schedule 29 (meaning of “charity lump sum death benefit”)—

Sch 1 para 25(a)

in sub-paragraph (1)(c) after “in respect of an arrangement” insert “ , or in respect of the member's flexi-access drawdown fund in respect of an arrangement, ”,

Sch 1 para 25(b)

in sub-paragraph (2)(d) after “dependant's drawdown pension fund” insert “ , or the dependant's flexi-access drawdown fund, ”, and

Sch 1 para 25(c)

in sub-paragraph (4) after “drawdown pension fund” insert “ , or flexi-access drawdown fund, ”.

Sch 1 para 26

In paragraph 4(1) of Schedule 32 (supplementary provision about benefit crystallisation event 4) at the end insert “ or flexi-access drawdown fund ”.

Sch 1 para 27

In paragraph 17(2) of Schedule 32 (supplementary provision about benefit crystallisation event 8) after “the individual's drawdown pension fund” insert “ or flexi-access drawdown fund ”.

Sch 1 para 28
Sch 1 para 28(1)

In paragraph 20(4) of Schedule 36 (lifetime allowance: deemed crystallisation: value of rights to pre-5 April 2006 drawdown pensions)—

Sch 1 para 28(1)(a)

in paragraph (b) (arrangements where section 165(3A) of FA 2004 applies) for “applies” substitute “ applied at any time before 6 April 2015 ”, and

Sch 1 para 28(1)(b)

after paragraph (b) insert

Sch 1 para 28(2)

The amendments made by sub-paragraph (1) come into force on 6 April 2015.

Sch 1 para 29

In paragraph 29(3) of Schedule 36 (modifications of paragraph 3 of Schedule 29 for cases involving protected lump sum rights), in the sub-paragraph (5)(a) treated as substituted in paragraph 3 of Schedule 29, after “ member's drawdown pension fund ” insert “ or flexi-access drawdown fund ”.

Sch 1 para 30
Sch 1 para 30(1)

In regulation 2(1) of the Pension Benefits (Insurance Company Liable as Scheme Administrator) Regulations 2006 (S.I. 2006/136) (payments in relation to which the insurance company is liable as scheme administrator)—

Sch 1 para 30(1)(a)

omit the “or” at the end of sub-paragraph (b), and

Sch 1 para 30(1)(b)

after sub-paragraph (c) insert

Sch 1 para 30(2)

The amendment made by sub-paragraph (1) is to be treated as having been made by the Commissioners for Her Majesty's Revenue and Customs in exercise of their powers under section 273A of FA 2004 (as amended by this Schedule).

Sch 1 para 31

In section 636A of ITEPA 2003 (taxation of pension lump sums)—

Sch 1 para 31(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 31(b)

in subsection (7) (definitions) after “ “drawdown pension fund lump sum death benefit”,” insert—.

Repeal and revocation of provisions relating to pre-6 April 2015 flexible drawdown

Sch 1 para 32
Sch 1 para 32(1)

In FA 2004 omit—

Sch 1 para 32(1)(a)

in section 165(1), in pension rule 5, the second sentence,

Sch 1 para 32(1)(b)

section 165(3A) and (3B),

Sch 1 para 32(1)(c)

in section 167(1), in pension death benefit rule 4, the second sentence,

Sch 1 para 32(1)(d)

section 167(2A) and (2B),

Sch 1 para 32(1)(e)

in Schedule 28—

Sch 1 para 32(1)(e)(i)

paragraph 10(11),

Sch 1 para 32(1)(e)(ii)

paragraph 10A(11),

Sch 1 para 32(1)(e)(iii)

paragraphs 14A to 14E,

Sch 1 para 32(1)(e)(iv)

paragraph 24(11),

Sch 1 para 32(1)(e)(v)

paragraph 24A(9), and

Sch 1 para 32(1)(e)(vi)

paragraphs 24C to 24G, and

Sch 1 para 32(1)(f)

in Schedule 34, paragraph 4A.

Sch 1 para 32(2)

In consequence of sub-paragraph (1), in Schedule 16 to FA 2011 omit paragraphs 1(3), 8(12), 10, 11(3), 18(12), 20 and 81(3).

Sch 1 para 32(3)

The Registered Pension Schemes (Prescribed Requirements of Flexible Drawdown Declaration) Regulations 2011 (S.I. 2011/1792) are revoked.

Sch 1 para 32(4)

The amendments made by sub-paragraphs (1) to (3) come into force on 6 April 2015.

Sch 1 para 33
Sch 1 para 33(1)

The Pension Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006 (S.I. 2006/207) are amended as follows.

Sch 1 para 33(2)

In regulations 6 and 7 omit paragraph (b) and the “and” preceding it.

Sch 1 para 33(3)

In regulation 14(3)—

Sch 1 para 33(3)(a)

after paragraph (b) insert—,

Sch 1 para 33(3)(b)

omit paragraph (da),

Sch 1 para 33(3)(c)

after paragraph (e) insert—, and

Sch 1 para 33(3)(d)

omit paragraph (fc).

Sch 1 para 33(4)

The amendments made by sub-paragraphs (2) and (3) come into force on 6 April 2015.

Sch 1 para 33(5)

The amendments made by sub-paragraph (3)(a) and (c) are to be treated as having been made by the Commissioners for Her Majesty's Revenue and Customs under such of the powers conferred on them by Schedule 34 to FA 2004 (as amended by this Schedule) as are applicable.

Sch 1 para 34
Sch 1 para 34(1)

Regulation 12 of the Registered Pension Schemes (Transfer of Sums and Assets) Regulations 2006 (S.I. 2006/499) (drawdown funds—recognised transfers) is amended as follows.

Sch 1 para 34(2)

In the heading after “fund” (in both places) insert “ or flexi-access drawdown fund ”.

Sch 1 para 34(3)

In paragraph (1) (transfer recognised only if transferred items are only items held under arrangement to which transfer made) after “represent a” insert “ member's flexi-access drawdown fund, dependant's flexi-access drawdown fund, ”.

Sch 1 para 34(4)

In paragraph (2) (transferred items treated for certain purposes as remaining held under fund from which transfer made) before sub-paragraph (a) insert—.

Sch 1 para 34(5)

In table 3, in the heading, after “Prescribed purposes—” insert “ member's flexi-access drawdown fund or ”.

Sch 1 para 34(6)

In table 3 omit the entry for section 165(3A) of FA 2004.

Sch 1 para 34(7)

In table 4 omit the entry for section 167(2A) of FA 2004.

Sch 1 para 34(8)

The amendments made by this paragraph—

Sch 1 para 34(8)(a)

come into force on 6 April 2015, and

Sch 1 para 34(8)(b)

are to be treated as having been made by the Commissioners for Revenue and Customs under the powers to make regulations conferred by section 169(1D) and (1E) of FA 2004 (as amended by this Schedule).

Sch 1 para 35
Sch 1 para 35(1)

The Registered Pension Schemes (Provision of Information) Regulations 2006 (S.I. 2006/567) are amended as follows.

Sch 1 para 35(2)

In the table in regulation 3(1), omit the entry for reportable event 21 (reporting that section 165(3A) or 167(2A) of FA 2004 applies).

Sch 1 para 35(3)

Omit regulation 5B (reports for the tax year 2011-12).

Sch 1 para 35(4)

In regulation 16(1) (information for insurance company provided with funds otherwise than from a drawdown pension fund) after “drawdown pension fund” insert “ or flexi-access drawdown fund ”.

Sch 1 para 35(5)

In regulation 17(1) (information for insurance company provided with funds from a drawdown pension fund) after “drawdown pension fund” insert “ or flexi-access drawdown fund ”.

Sch 1 para 35(6)

In regulation 17(2) and (4) after “of the member's drawdown pension fund” insert “ or of the member's flexi-access drawdown fund ”.

Sch 1 para 35(7)

The amendments made by sub-paragraphs (4) to (6) are to be treated as having been made by the Commissioners for Her Majesty's Revenue and Customs under such of the powers cited in the instrument containing the Regulations as are applicable.

Sch 1 para 35(8)

In consequence of sub-paragraph (2), omit regulation 4(9) of the Registered Pension Schemes (Provision of Information) (Amendment) (No. 2) Regulations 2011 (S.I. 2011/1797).

Sch 1 para 35(9)

In consequence of sub-paragraph (3), omit regulation 5 of those 2011 Regulations.

Sch 1 para 35(10)

The amendments made by sub-paragraphs (2) and (8) have effect in relation to reports for the tax year 2015-16 and subsequent tax years.

Sch 1 para 35(11)

The amendments made by sub-paragraphs (3) and (9) come into force on 6 April 2015 but without prejudice to the continued operation of the revoked provisions in relation to reports for the tax year 2011-12.

Sch 1 para 35(12)

The amendments made by sub-paragraphs (4) to (6) come into force on 6 April 2015.

Sch 1

Annuities

Reduction of restrictions on new annuities

Sch 1 para 36

Schedule 28 to FA 2004 (registered pension schemes) is amended as follows.

Sch 1 para 37

In paragraph 3 (definition of member's lifetime annuity) after sub-paragraph (1) insert—

Sch 1 para 38

In paragraph 6 (definition of member's short-term annuity) after sub-paragraph (1) insert—

Sch 1 para 39

In paragraph 17 (definition of dependants' annuity) after sub-paragraph (1) insert—

Sch 1 para 40

In paragraph 20 (definition of dependants' short-term annuity) after sub-paragraph (1) insert—

Further annuities amendments

Sch 1 para 41

In section 165(1) of FA 2004 (the pension rules) in pension rule 2 (death of a member)—

Sch 1 para 41(a)

in the first sentence after “an annuity,” insert “ and if in the case of an annuity that day was before 6 April 2015, ”,

Sch 1 para 41(b)

after that sentence insert—, and

Sch 1 para 41(c)

in the final sentence for “But no other” substitute “ Except as provided by the preceding provisions of this rule, no ”.

Sch 1 para 42

Schedule 28 to FA 2004 (registered pension schemes) is further amended as follows.

Sch 1 para 43

In paragraph 3(1) (definition of member's lifetime annuity) after paragraph (b) insert—.

Sch 1 para 44
Sch 1 para 44(1)

In paragraph 3(2C) (regulations for cases where lifetime annuity ceases and funds are transferred)—

Sch 1 para 44(1)(a)

before paragraph (a) insert—, and

Sch 1 para 44(1)(b)

in paragraph (b) for “any other case” substitute “ a case other than one where a new lifetime annuity becomes payable ”.

Sch 1 para 44(2)

In paragraph 3 after sub-paragraph (2D) insert—

Sch 1 para 45

In paragraph 6(1) (definition of member's short-term annuity) after paragraph (c) insert—.

Sch 1 para 46
Sch 1 para 46(1)

In paragraph 6(1C) (regulations for cases where short-term annuity ceases and funds are transferred)—

Sch 1 para 46(1)(a)

before paragraph (a) insert—, and

Sch 1 para 46(1)(b)

in paragraph (b) for “any other case” substitute “ a case other than one where a new short-term annuity becomes payable ”.

Sch 1 para 46(2)

In paragraph 6 after sub-paragraph (1D) insert—

Sch 1 para 47

In paragraph 17(1) (definition of dependants' annuity) for paragraph (za) substitute—.

Sch 1 para 48

In paragraph 17(1A) for “sub-paragraph (1)(za)” substitute “ sub-paragraphs (1)(za) and (1ZA)(a) ”.

Sch 1 para 49
Sch 1 para 49(1)

In paragraph 17(4) (regulations for cases where dependants' annuity ceases and funds are transferred)—

Sch 1 para 49(1)(a)

before paragraph (a) insert—, and

Sch 1 para 49(1)(b)

in paragraph (b) for “any other case” substitute “a case other than one where a new dependants' annuity becomes payable”.

Sch 1 para 49(2)

In paragraph 17 after sub-paragraph (5) insert—

Sch 1 para 50

In paragraph 20(1) (definition of dependants' short-term annuity) after paragraph (c) insert—.

Sch 1 para 51
Sch 1 para 51(1)

In paragraph 20(1C) (regulations for cases where dependants' short-term annuity ceases and funds are transferred)—

Sch 1 para 51(1)(a)

before paragraph (a) insert—, and

Sch 1 para 51(1)(b)

in paragraph (b) for “any other case” substitute “a case other than one where a new dependants' short-term annuity becomes payable”.

Sch 1 para 51(2)

In paragraph 20 after sub-paragraph (1D) insert—

Consequential amendment

Sch 1 para 52

In Schedule 16 to FA 2011 (benefits under pension schemes) in each of paragraphs 87 and 95 (entitlement to unsecured or alternatively secured pension on 5 April 2011) for “the reference” substitute “ a reference ”.

Sch 1

Pension payments out of uncrystallised funds

Definitions etc

Sch 1 para 53

Part 4 of FA 2004 is amended as follows.

Sch 1 para 54

In section 166(1) (lump sums which may be paid by registered pension scheme) in the lump sum rule after paragraph (b) insert—.

Sch 1 para 55

In section 166(2) (when a person becomes entitled to a lump sum under a registered pension scheme) before the “ and ” at the end of paragraph (a) insert—.

Sch 1 para 56

In section 280(2) (index of defined expressions) after the entry for “uncrystallised funds lump sum death benefit” insert—

Sch 1 para 57

In Schedule 29 (supplementary provision about authorised lump sums) after paragraph 4 insert—

Sch 1 para 58

In paragraph 12(2)(b) of Schedule 29 (conditions for treating the whole of the lump sum as paid when all or part of the member's lifetime allowance is available) after “4(1),” insert “ 4A(1), ”.

Sch 1 para 59

In paragraph 12(4) of Schedule 29 (exceptions to treating the whole of the lump sum as paid when all or part of the member's lifetime allowance is available) before the “and” at the end of paragraph (a) insert—.

Sch 1 para 60

In paragraph 12(5) of Schedule 29 (when an excess can be an authorised lump sum) after “1(2),” insert “ 4A(2), ”.

Sch 1 para 61

In paragraph 15 of Schedule 32 (benefit crystallisation event 6: meaning of “relevant lump sum”) before the “or” at the end of paragraph (b) insert—.

Sch 1 para 62
Sch 1 para 62(1)

Section 636A of ITEPA 2003 (taxation of pension lump sums) is amended as follows.

Sch 1 para 62(2)

After subsection (1) insert—

Sch 1 para 62(3)

In subsection (2) (subsection (1) does not limit operation of lifetime allowance charge) for “subsection (1) does” substitute “ subsections (1) to (1B) do ”.

Sch 1 para 62(4)

In subsection (6) (definitions) after “ “serious ill health lump sum”,” insert—.

Sch 1

Annual allowances

Basic structure of the annual allowance charge

Sch 1 para 63
Sch 1 para 63(1)

Section 227 of FA 2004 (pensions under registered pension schemes: annual allowance charge) is amended as follows.

Sch 1 para 63(2)

In subsection (1) (imposition of the charge) for the words from “where” to the end substitute “ where an individual who is a member of one or more registered pension schemes has a chargeable amount for a tax year. ”

Sch 1 para 63(3)

After subsection (1) insert—

Sch 1 para 63(4)

In subsection (4) (basic calculation of charge) for the words in the first sentence after “in respect of” substitute “ the chargeable amount. ”

Sch 1 para 63(5)

In subsection (4A) (the appropriate rate) for “excess” (in each place) substitute “ chargeable amount ”.

Sch 1 para 63(6)

In subsection (5) (excess is not income) for “That excess” substitute “ The chargeable amount ”.

Sch 1 para 63(7)

In subsection (6) (further provision)—

Sch 1 para 63(7)(a)

before the entry for section 228 insert—,

Sch 1 para 63(7)(b)

in the entry for section 229, for “229” substitute “ 229(1) ”, and

Sch 1 para 63(7)(c)

after that entry insert— “ section 229(2) to (4) (how to arrive at the pension input amount in respect of an arrangement), ”.

Sch 1 para 63(8)

The amendments made by this paragraph have effect for the tax year 2015-16 and subsequent tax years.

Sch 1 para 64
Sch 1 para 64(1)

In FA 2004 after section 227 insert—

Sch 1 para 64(2)

The amendment made by this paragraph has effect for the tax year 2015-16 and subsequent tax years.

Annual allowance charge where rights have been flexibly accessed

Sch 1 para 65
Sch 1 para 65(1)

In FA 2004 before section 228 insert—

Sch 1 para 65(2)

The amendment made by sub-paragraph (1) has effect for the tax year 2015-16 and subsequent tax years.

Further amendments

Sch 1 para 66
Sch 1 para 66(1)

Omit section 227A of FA 2004 (annual allowance charge: individuals who met flexible drawdown conditions).

Sch 1 para 66(2)

In consequence of sub-paragraph (1)—

Sch 1 para 66(2)(a)

in section 227(4) of FA 2004, omit the second sentence, and

Sch 1 para 66(2)(b)

omit paragraph 45 of Schedule 16 to FA 2011.

Sch 1 para 66(3)

The amendments made by sub-paragraphs (1) and (2) have effect for the tax year 2015-16 and subsequent tax years.

Sch 1 para 67
Sch 1 para 67(1)

In section 228A of FA 2004 (carry forward of unused annual allowance) after subsection (7) insert—

Sch 1 para 67(2)

The amendment made by this paragraph has effect where the current tax year is the tax year 2015-16 or a subsequent tax year.

Sch 1 para 68

In section 237B of FA 2004 (scheme administrator's co-liability for individual's annual allowance charge) after subsection (2) insert—

Sch 1 para 69
Sch 1 para 69(1)

In article 25C of the Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572) after paragraph (3) insert—

Sch 1 para 69(2)

The amendment made by sub-paragraph (1) is to be treated as having been made by the Treasury under the powers to make orders conferred by section 283(2) of FA 2004.

Sch 1

Miscellaneous amendments

Pension commencement lump sums

Sch 1 para 70
Sch 1 para 70(1)

In paragraph 3A(3) of Schedule 29 to FA 2004 (pension commencement lump sum: when pension scheme is to be treated as making an unauthorised payment) for the words “1% of the standard lifetime allowance on that day” substitute “ £7,500 ”.

Sch 1 para 70(2)

The amendment made by sub-paragraph (1) has effect in relation to pension commencement lump sums paid on or after 6 April 2015.

Trivial commutation lump sums and small pot lump sums

Sch 1 para 71
Sch 1 para 71(1)

In paragraph 7(1) of Schedule 29 to FA 2004 (meaning of “trivial commutation lump sum”)—

Sch 1 para 71(1)(a)

after paragraph (a) insert—,

Sch 1 para 71(1)(b)

in paragraph (d) (entitlement to benefits must be extinguished) for “the member's entitlement to benefits” substitute “ any entitlement to defined benefits that the member has ”, and

Sch 1 para 71(1)(c)

in paragraph (e) (member must have reached 60) for “the age of 60” substitute “ normal minimum pension age (or the ill-health condition is met) ”.

Sch 1 para 71(2)

The amendments made by sub-paragraph (1) have effect for commutation periods beginning on or after 6 April 2015 and do so irrespective of whether the nominated date is before, on or after 6 April 2015.

Sch 1 para 72
Sch 1 para 72(1)

In article 23C(4) of the Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572) (modifications of Schedule 29 to FA 2004) in the inserted paragraph 7A(1)(b) (member must have reached age 60 for certain sums to be trivial commutation lump sums) for “the age of 60” substitute “ normal minimum pension age (or the ill-health condition is met) ”.

Sch 1 para 72(2)

The amendment made by sub-paragraph (1)—

Sch 1 para 72(2)(a)

has effect for determining whether a lump sum paid on or after 6 April 2015 is within the inserted paragraph 7A, and

Sch 1 para 72(2)(b)

is to be treated as having been made by the Treasury under the powers to make orders conferred by section 283(2) of FA 2004.

Sch 1 para 73
Sch 1 para 73(1)

The Registered Pension Schemes (Authorised Payments) Regulations 2009 (S.I. 2009/1171) are amended as follows.

Sch 1 para 73(2)

For regulation 10 substitute—

Sch 1 para 73(3)

In each of regulations 11(1)(a), 11A(1)(a) and 12(1)(c) (member must have reached 60 for certain payments by registered pension scheme to be authorised payments) for “the age of 60” substitute “ normal minimum pension age or the ill-health condition is met (see paragraph 1 of Schedule 28) ”.

Sch 1 para 73(4)

The amendments made by sub-paragraphs (2) and (3)—

Sch 1 para 73(4)(a)

have effect for payments made on or after 6 April 2015, and

Sch 1 para 73(4)(b)

are to be treated as having been made by the Commissioners for Her Majesty's Revenue and Customs under the powers to make regulations conferred by section 164(1)(f) and (2) of FA 2004.

Trivial commutation lump sum death benefits

Sch 1 para 74
Sch 1 para 74(1)

Paragraph 20 of Schedule 29 to FA 2004 (trivial commutation lump sum death benefit) is amended as follows.

Sch 1 para 74(2)

In sub-paragraph (1) (definition) for the words from “if” to the end substitute “ if condition A or B is met. ”

Sch 1 para 74(3)

After sub-paragraph (1) insert—

Sch 1 para 74(4)

In sub-paragraph (2) (excess over £18,000 not a trivial commutation lump sum death benefit) for “£18,000” substitute “ £30,000 ”.

Sch 1 para 74(5)

In consequence of sub-paragraph (4), in Schedule 18 to FA 2011 omit paragraph 6(2).

Sch 1 para 74(6)

The amendments made by this paragraph have effect in relation to lump sum death benefits paid on or after 6 April 2015.

Winding-up lump sum death benefit

Sch 1 para 75
Sch 1 para 75(1)

In Schedule 29 to FA 2004 (authorised lump sums) omit paragraph 21 (which has come to have the effect that every winding-up lump sum death benefit is also a trivial commutation lump sum death benefit).

Sch 1 para 75(2)

In consequence of sub-paragraph (1), in Schedule 18 to FA 2011 omit paragraph 7.

Early lifetime annuities

Sch 1 para 76
Sch 1 para 76(1)

In paragraph 7 of Schedule 32 to FA 2004 (benefit crystallisation events 2 and 4: early lifetime annuities) after sub-paragraph (3) insert—

Sch 1 para 76(2)

The amendment made by sub-paragraph (1) has effect in relation to a lifetime annuity if, applying the rule in section 165(3)(b) of FA 2004, the annuity is one to which an individual becomes entitled on or after 6 April 2015.

Individuals who on 5 April 2006 had actual right to payment of pensions

Sch 1 para 77
Sch 1 para 77(1)

In paragraph 20(4)(a) and (b) of Schedule 36 to FA 2004 (lifetime allowance: deemed crystallisation: value of rights to pre-5 April 2006 drawdown pensions) before “the maximum” insert “ 80% of ”.

Sch 1 para 77(2)

The amendment made by sub-paragraph (1) in relation to paragraph 20(4)(a) of that Schedule has effect where the benefit crystallisation event mentioned in the opening words of paragraph 20(2) of that Schedule occurs on or after 6 April 2015.

Sch 1 para 77(3)

The amendment made by sub-paragraph (1) in relation to paragraph 20(4)(b) of that Schedule has effect where—

Sch 1 para 77(3)(a)

the benefit crystallisation event mentioned in the opening words of paragraph 20(2) of that Schedule occurs on or after 6 April 2015, and

Sch 1 para 77(3)(b)

section 165(3A) of FA 2004 first applied to the arrangement concerned in a drawdown pension year that began on or after 27 March 2014.

Transfers between schemes of funds held in respect of individual who has protected pension age

Sch 1 para 78
Sch 1 para 78(1)

In Schedule 36 to FA 2004 after paragraph 23 insert—

Sch 1 para 78(2)

The amendment made by sub-paragraph (1) has effect in relation to recognised transfers made on or after 6 April 2015.

Power to make certain payments

Sch 1 para 79

In FA 2004 after section 273A insert—

Temporary non-residence

Sch 1 para 80

ITEPA 2003 is amended as follows.

Sch 1 para 81
Sch 1 para 81(1)

Section 579CA as substituted by paragraph 117 of Schedule 45 to FA 2013 (pensions under registered pension schemes: temporary non-residents) is amended as follows.

Sch 1 para 81(2)

In subsection (2) (relevant withdrawals treated as accruing in the year of return from temporary non-residence) at the end insert.

Sch 1 para 81(3)

For subsection (4) (meaning of “relevant withdrawal”) substitute—

Sch 1 para 81(4)

In subsection (7) for the definition of “flexible drawdown arrangement” substitute—

Sch 1 para 81(5)

The amendments made by this paragraph come into force on 6 April 2015.

Sch 1 para 82
Sch 1 para 82(1)

The version of section 579CA which has effect if the year of departure is the tax year 2012-13 or an earlier tax year (pensions under registered pension schemes: temporary non-residents) is amended as follows.

Sch 1 para 82(2)

In subsection (1)—

Sch 1 para 82(2)(a)

for “income withdrawal or dependants' income withdrawal under the registered pension scheme” substitute “ relevant withdrawal paid to a person ”,

Sch 1 para 82(2)(b)

omit paragraph (a), and

Sch 1 para 82(2)(c)

at the end insert “ , but only if the total amount of the relevant withdrawals meeting those conditions, and the relevant withdrawals (as defined by section 576A(4A)) meeting the conditions in section 576A(1) for the same set of years of non-residence, exceeds £100,000 ”.

Sch 1 para 82(3)

After subsection (3) insert—

Sch 1 para 82(4)

In subsection (4) for “income withdrawal or dependants' income” substitute “ relevant ”.

Sch 1 para 82(5)

In subsection (5) for the definition of “flexible drawdown arrangement” substitute—

Sch 1 para 82(6)

The amendments made by this paragraph come into force on 6 April 2015.

Sch 1 para 83
Sch 1 para 83(1)

Section 576A as substituted by paragraph 116 of Schedule 45 to FA 2013 (pensions under relevant non-UK schemes: temporary non-residents) is amended as follows.

Sch 1 para 83(2)

In subsection (2) (relevant withdrawals treated as accruing in the year of return from temporary non-residence) at the end insert.

Sch 1 para 83(3)

For subsection (4) (meaning of “relevant withdrawal”) substitute—

Sch 1 para 83(4)

In subsection (9)—

Sch 1 para 83(4)(a)

for the definition of “flexible drawdown arrangement” substitute—, and

Sch 1 para 83(4)(b)

after the definition of “remitted to the United Kingdom” insert—.

Sch 1 para 83(5)

The amendments made by this paragraph come into force on 6 April 2015.

Sch 1 para 84
Sch 1 para 84(1)

The version of section 576A which has effect if the year of departure is the tax year 2012-13 or an earlier tax year (pensions under relevant non-UK schemes: temporary non-residents) is amended as follows.

Sch 1 para 84(2)

In subsection (1)—

Sch 1 para 84(2)(a)

for “non-UK income withdrawal under a relevant non-UK scheme” substitute “ withdrawal paid to a person ”,

Sch 1 para 84(2)(b)

omit paragraph (a), and

Sch 1 para 84(2)(c)

at the end insert “ , but only if the total amount of the relevant withdrawals meeting those conditions, and the relevant withdrawals (as defined by section 579CA(3A)) meeting the conditions in section 579CA(1) for the same set of years of non-residence, exceeds £100,000 ”.

Sch 1 para 84(3)

In subsection (4) for “non-UK income withdrawal falling within subsection (1)” substitute “ withdrawal that meets the conditions in subsection (1)(b) and (c) ”.

Sch 1 para 84(4)

After subsection (4) insert—

Sch 1 para 84(5)

In each of subsections (5) to (7) omit “non-UK income”.

Sch 1 para 84(6)

In subsection (8)—

Sch 1 para 84(6)(a)

for the definition of “flexible drawdown arrangement” substitute—,

Sch 1 para 84(6)(b)

omit the definition of “relevant non-UK income withdrawal”, and

Sch 1 para 84(6)(c)

before the definition of “year of non-residence” insert—.

Sch 1 para 84(7)

The amendments made by this paragraph come into force on 6 April 2015.

Regulations about the effects of certain authorised payments

Sch 1 para 85

In section 164 of FA 2004 (authorised payments) after subsection (2) insert—

Sch 1

Provision of information

Sch 1 para 86

The Registered Pension Schemes (Provision of Information) Regulations 2006 (S.I. 2006/567) are amended as follows.

Sch 1 para 87

After regulation 14 insert—

Sch 1 para 88
Sch 1 para 88(1)

Regulation 14A (annual allowance: annual provision of information by scheme administrator to member) is amended as follows.

Sch 1 para 88(2)

In paragraph (1) (duty to provide annual pension savings statement)—

Sch 1 para 88(2)(a)

in paragraph (b) at the beginning insert,

Sch 1 para 88(2)(b)

in paragraph (b) at the end insert, and

Sch 1 para 88(2)(c)

after “containing the information” insert “ specified in paragraph (10) if the condition in sub-paragraph (b)(ii) is met but otherwise containing the information ”.

Sch 1 para 88(3)

In the first sentence of paragraph (8) for “(1)” substitute “ (1)(a) ”.

Sch 1 para 88(4)

After paragraph (8) insert—

Sch 1 para 89

In regulation 14B(1) (information mentioned in regulation 14A to be supplied by scheme administrator at member's request where no automatic duty to supply it) for “regulations 14A(2) or (7)” substitute “ regulation 14A(2), (7) or (10) ”.

Sch 1 para 90
Sch 1 para 90(1)

The table in regulation 3(1) (provision of event reports by scheme administrators to HM Revenue and Customs) is amended as follows.

Sch 1 para 90(2)

In column 1 of the entry for reportable event 22 (report where scheme administrator provides pension savings statement under regulation 14A(1)) after “14A(1)” insert “ containing the information specified in regulation 14A(2) ”.

Sch 1 para 90(3)

After the entry for reportable event 22 insert—

Sch 1 para 91

The amendments made by this Part of the Schedule—

Sch 1 para 91(a)

come into force on 6 April 2015, and

Sch 1 para 91(b)

are to be treated as having been made by the Commissioners for Her Majesty's Revenue and Customs under such of the powers cited in the instrument containing the Regulations as are applicable.

Sch 1

Overseas pensions

Sch 1 para 92

In section 169(4) of FA 2004 (regulations about the provision of information by scheme managers of schemes that are or have been qualifying recognised overseas pension schemes) before the “and” at the end of paragraph (b) insert—.

Sch 1 para 93
Sch 1 para 93(1)

Section 251 of FA 2004 (regulations about the provision of information) is amended as follows.

Sch 1 para 93(2)

In subsection (4)—

Sch 1 para 93(2)(a)

omit the “or” at the end of paragraph (a), and

Sch 1 para 93(2)(b)

after paragraph (b) insert—

Sch 1 para 93(3)

In subsection (6) at the end insert “ ; and “relevant non-UK scheme” has the meaning given by paragraph 1 of Schedule 34 ”.

Sch 1 para 94

In paragraph 5 of Schedule 33 to FA 2004 (conditions for scheme to be qualifying overseas pension scheme include condition that manager has undertaken to comply with prescribed benefit crystallisation information requirements) after sub-paragraph (2) insert—

Sch 1 para 95
Sch 1 para 95(1)

Schedule 34 to FA 2004 (application of certain tax charges to non-UK schemes) is amended as follows.

Sch 1 para 95(2)

In paragraph 1(3) (list of “member payment charges”) before the “and” at the end of paragraph (d) insert—.

Sch 1 para 95(3)

In paragraph 1(4)—

Sch 1 para 95(3)(a)

after “The “member payment provisions” are” insert, and

Sch 1 para 95(3)(b)

at the end insert

Sch 1 para 95(4)

After paragraph 5 insert—

Sch 1 para 95(5)

In paragraph 6 (tax under member payment charges to be reduced by foreign tax in respect of the payment concerned)—

Sch 1 para 95(5)(a)

in sub-paragraph (1) after “in consequence of paragraph 1” insert “ , or by virtue of the operation of Chapter 4 of Part 9 of ITEPA 2003 in consequence of paragraph 5A, ”, and

Sch 1 para 95(5)(b)

in sub-paragraph (2) after “in consequence of paragraph 1” insert “ or 5A ”.

Sch 1 para 95(6)

In paragraph 7(2) (regulations modifying the application, in relation to relevant non-UK schemes, of the member payment provisions) after paragraph (b) insert—.

Sch 1 para 95(7)

After paragraph 9 insert—

Sch 1 para 95(8)

In paragraph 11 (calculating pension input amounts for certain non-UK money purchase arrangements) after sub-paragraph (2) insert—

Sch 1 para 95(9)

In paragraphs 12(2) and 19(2) (regulations modifying the application, in relation to relevant non-UK schemes, of the annual allowance provisions and lifetime allowance provisions) before the “and” at the end of paragraph (b) insert—.

Sch 1 para 96
Sch 1 para 96(1)

The Pension Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006 (S.I. 2006/207) are amended as follows.

Sch 1 para 96(2)

In regulation 5 (Part 4 of FA 2004 is modified in accordance with Part 3 of the Regulations) for “these Regulations” substitute “ this Part ”.

Sch 1 para 96(3)

Regulation 15 (modifications of Schedule 29 to FA 2004 in its application to relevant non-UK schemes) is amended in accordance with sub-paragraphs (4) to (14).

Sch 1 para 96(4)

In paragraph (2), in the inserted paragraph 1(4B), before the “and” at the end of paragraph (a) insert—.

Sch 1 para 96(5)

In paragraph (2), in the inserted paragraph 1(4C), before the “and” at the end of paragraph (a) insert—.

Sch 1 para 96(6)

In paragraph (3)(a), in the inserted definition of “RP”, after “any previous pension commencement lump sum” insert “ or previous uncrystallised funds pension lump sum ”.

Sch 1 para 96(7)

In paragraph (3)(b), in the inserted paragraph 2(7ZA), after “to a pension commencement lump sum,” insert “ or to an uncrystallised funds pension lump sum, ”.

Sch 1 para 96(8)

In paragraph (4)(b), in the inserted paragraph 4(6), before the “and” at the end of paragraph (a) insert—.

Sch 1 para 96(9)

In paragraph (4)(b), in the inserted paragraph 4(7), before the “and” at the end of paragraph (a) insert—.

Sch 1 para 96(10)

After paragraph (4) insert—

Sch 1 para 96(11)

In paragraph (6), in the inserted paragraph 7(7), before the “and” at the end of paragraph (a) insert—.

Sch 1 para 96(12)

In paragraph (6), in the inserted paragraph 7(8), before the “and” at the end of paragraph (a) insert—.

Sch 1 para 96(13)

In paragraph (7), in the inserted paragraph 10(5), before the “and” at the end of paragraph (a) insert—.

Sch 1 para 96(14)

In paragraph (7), in the inserted paragraph 10(6), before the “and” at the end of paragraph (a) insert—.

Sch 1 para 96(15)

After Part 3 insert—

Sch 1 para 96(16)

The amendments made by this paragraph—

Sch 1 para 96(16)(a)

have effect in relation to lump sums paid on or after 6 April 2015, and

Sch 1 para 96(16)(b)

are to be treated as having been made by the Commissioners for Her Majesty's Revenue and Customs under such of the powers conferred on them by Schedule 34 to FA 2004 (as amended by this Schedule) as are applicable.

Sch 1 para 97
Sch 1 para 97(1)

In this paragraph—“the 2013 Regulations” means the Registered Pension Schemes and Overseas Pension Schemes (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/2259), and“the 2006 Regulations” means the Pension Schemes (Information Requirements for Qualifying Overseas Pension Schemes, Qualifying Recognised Overseas Pension Schemes and Corresponding Relief) Regulations 2006 (S.I. 2006/208).

Sch 1 para 97(2)

In regulation 3 of the 2013 Regulations (paragraph 3(1A) of the 2006 Regulations has effect in relation to 5-year periods ending on or after 1 April 2015) for “1st April 2015” substitute “ 6 April 2016 ”.

Sch 1 para 97(3)

In regulation 3(1C)(a) of the 2006 Regulations (transitional modification of the time limit in regulation 3(1A)) for “1st April 2010” substitute “ 6 April 2011 ”.

Sch 2

Death of pension scheme member

Sch 2

Death benefits: nominees and successors

Drawdown benefits for nominees and successors of deceased scheme members

Sch 2 para 1

FA 2004 is amended as follows.

Sch 2 para 2
Sch 2 para 2(1)

Section 167 (the pension death benefit rules) is amended as follows.

Sch 2 para 2(2)

In pension death benefit rule 1 (pension death benefit may be paid only to dependant of deceased member) after “dependant” insert “ , or nominee or successor, ”.

Sch 2 para 2(3)

After pension death benefit rule 3 (pension death benefits which may be paid under a money purchase arrangement to a dependant) insert—

Sch 2 para 2(4)

After subsection (1) insert—

Sch 2 para 2(5)

In subsection (2) (meaning of “pension death benefit”) after “see section 165)” insert “ , or a pension payable in respect of the member on the subsequent death of a dependant, nominee or successor of the member ”.

Sch 2 para 3
Sch 2 para 3(1)

In Part 2 of Schedule 28 (interpretation of the pension death benefit rules) at the end insert—

Sch 2 para 3(2)

The provisions inserted by sub-paragraph (1) have effect even in relation to cases where the member concerned, or any dependant concerned, dies before 6 April 2015.

Nominees and successors: further drawdown amendments

Sch 2 para 4

In section 169(1D) (regulations about transfers of drawdown funds) after paragraph (aa) (which is inserted by this Act) insert.

Sch 2 para 5

In section 172(1)(a) (assignment of rights or benefits) after “dependant” insert “ , nominee or successor ”.

Sch 2 para 6

In section 172A(1)(a) (surrender of rights or benefits) after “dependant” insert “ , nominee or successor ”.

Sch 2 para 7

In section 172A(5) (exceptions to provisions on surrender: entitlement to benefits)—

Sch 2 para 7(a)

in paragraph (b) after “dependant” insert “ , or nominee, ”,

Sch 2 para 7(b)

after paragraph (b) insert—, and

Sch 2 para 7(c)

in paragraph (c) for “or dependant” substitute “ , dependant, nominee or successor ”.

Sch 2 para 8

In section 172A(5A) (further provision on surrender exceptions)—

Sch 2 para 8(a)

after “dependant”, in the first place it occurs, insert “ , or nominee, ”, and

Sch 2 para 8(b)

after “dependant”, in the second place it occurs, insert “ or nominee ”.

Sch 2 para 9

In section 172A after subsection (5A) insert—

Sch 2 para 10

In section 172A(7) (exceptions to provisions on surrender: prospective entitlements)—

Sch 2 para 10(a)

in the opening words after “dependant” insert “ or nominee or successor ”, and

Sch 2 para 10(b)

in paragraph (a) after “dependant” insert “ , or nominee or successor, ”.

Sch 2 para 11

In section 172B(2) (rights of a “relevant member”)—

Sch 2 para 11(a)

in paragraph (a) after “dependant” insert “ or nominee or successor ”, and

Sch 2 para 11(b)

after paragraph (aa) insert—.

Sch 2 para 12

In section 172B(7A) (section does not apply to certain increases in rights) before “dependant's drawdown pension fund” (in both places) insert “ nominee's flexi-access drawdown fund, successor's flexi-access drawdown fund, ”.

Sch 2 para 13

In section 182(3) (value of arrangement for purposes of borrowing limits) after paragraph (b) insert—.

Sch 2 para 14

In section 280(2) (index of defined expressions) at the appropriate places insert—

Nomination of charities by nominees and successors of deceased scheme members

Sch 2 para 15
Sch 2 para 15(1)

Paragraph 18 of Schedule 29 (charity lump sum death benefit) is amended as follows.

Sch 2 para 15(2)

After sub-paragraph (2) insert—

Sch 2 para 15(3)

In sub-paragraph (3) (cases where lump sum exceeds the permitted maximum) for “or (2)” substitute “ , (2) or (2A) ”.

Sch 2 para 15(4)

In sub-paragraph (4) (meaning of “permitted maximum”) after “arrangement” insert “ , or the nominee's or successor's flexi-access drawdown fund in respect of the arrangement, ”.

Sch 2 para 16
Sch 2 para 16(1)

Regulation 12 of the Registered Pension Schemes (Transfer of Sums and Assets) Regulations 2006 (S.I. 2006/499) (drawdown funds—recognised transfers) is amended as follows.

Sch 2 para 16(2)

In the heading before “—recognised” insert “ and nominee's flexi-access drawdown fund and successor's flexi-access drawdown fund ”.

Sch 2 para 16(3)

In paragraph (1) (transfer recognised only if transferred items are only items held under arrangement to which transfer made) before “member's drawdown pension fund” insert “ nominee's flexi-access drawdown fund, successor's flexi-access drawdown fund, ”.

Sch 2 para 16(4)

The amendments made by this paragraph—

Sch 2 para 16(4)(a)

come into force on 6 April 2015, and

Sch 2 para 16(4)(b)

are to be treated as having been made by the Commissioners for Her Majesty's Revenue and Customs under the powers to make regulations conferred by section 169(1D) and (1E) of FA 2004 (as amended by this Schedule).

Sch 2

Lump sum death benefits

Special lump sum death benefits charge

Sch 2 para 17
Sch 2 para 17(1)

Section 206 of FA 2004 (special lump sum death benefits charge) is amended as follows.

Sch 2 para 17(2)

After subsection (1) insert—

Sch 2 para 17(3)

After subsection (1A) insert—

Sch 2 para 17(4)

For subsection (7) (lump sum death benefits which are not to be treated as income for tax purposes) substitute—

Sch 2 para 17(5)

In consequence of sub-paragraph (4) omit paragraph 41(5) of Schedule 16 to FA 2011.

Sch 2 para 18

In section 280(2) of FA 2004 (index of defined expressions) in the entry for “special lump sum death benefits charge” for “206(1)” substitute “ 206 ”.

Uncrystallised funds lump sum death benefit

Sch 2 para 19
Sch 2 para 19(1)

In paragraph 15 of Schedule 29 to FA 2004 (uncrystallised funds lump sum death benefit)—

Sch 2 para 19(1)(a)

in sub-paragraph (1) omit the second sentence (lump sum is uncrystallised funds lump sum death benefit only if paid before end of relevant two-year period), and

Sch 2 para 19(1)(b)

omit sub-paragraph (1A) (meaning of “relevant two-year period” in the second sentence of sub-paragraph (1)).

Sch 2 para 19(2)

In paragraph 16 of Schedule 32 to FA 2004 (benefit crystallisation event 7: uncrystallised funds lump sum death benefit is a “relevant lump sum death benefit”)—

Sch 2 para 19(2)(a)

in sub-paragraph (b) after “benefit” insert, and

Sch 2 para 19(2)(b)

after sub-paragraph (b) insert—

Sch 2 para 19(3)

In section 636A of ITEPA 2003 (exemption for certain lump sums under registered pension schemes)—

Sch 2 para 19(3)(a)

in subsection (1) (lump sums on which there is no liability to income tax)—

Sch 2 para 19(3)(a)(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 2 para 19(3)(a)(ii)

omit paragraph (e) and the “or” preceding it (uncrystallised funds lump sum death benefit paid in respect of member who dies under 75), and

Sch 2 para 19(3)(b)

in subsection (4)(aa) (on uncrystallised funds lump sum death benefit paid in respect of member who dies having reached 75 there is no liability to income tax other than liability under section 206 of FA 2004) omit “paid in respect of a member who had reached the age of 75 at the date of the member's death”.

Sch 2 para 19(4)

In consequence of sub-paragraphs (1) and (3) omit—

Sch 2 para 19(4)(a)

paragraphs 35(2)(c) and (3) and 42(2)(c) of Schedule 16 to FA 2011, and

Sch 2 para 19(4)(b)

paragraph 28(2)(a) of Schedule 19 to FA 2007.

Commencement

Sch 2 para 20

The amendments made by paragraphs 17 and 19 apply to lump sums paid on or after 6 April 2015, and the amendment made by paragraph 18 comes into force on that day.

Sch 2

Uncrystallised rights at member's death

Sch 2 para 21

In section 216(1) of FA 2004 (benefit crystallisation events and amounts crystallised), in the table, after the entry relating to benefit crystallisation event 5B insert—

Sch 2 para 22
Sch 2 para 22(1)

Section 217 of FA 2004 (persons liable to lifetime allowance charge) is amended as follows.

Sch 2 para 22(2)

After subsection (1) insert—

Sch 2 para 22(3)

In subsection (2) for “But where” substitute “ Where ”.

Sch 2 para 22(4)

After subsection (2) insert—

Sch 2 para 22(5)

For subsections (3) and (4) (multiple relevant lump sum death benefits) substitute—

Sch 2 para 22(6)

The amendment made by sub-paragraph (5) comes into force on 6 April 2015.

Sch 2 para 23
Sch 2 para 23(1)

Section 219 of FA 2004 (availability of individual's lifetime allowance) is amended as follows.

Sch 2 para 23(2)

In subsection (7) (cases where there is more than one benefit crystallisation event 7)—

Sch 2 para 23(2)(a)

after “more than one” insert “ relevant post-death ”,

Sch 2 para 23(2)(b)

omit “by reason of the payment of lump sum death benefits”, and

Sch 2 para 23(2)(c)

for “individual the” substitute “ individual, the relevant post-death ”.

Sch 2 para 23(3)

After subsection (7) insert—

Sch 2 para 23(4)

The amendments made by this paragraph come into force on 6 April 2015.

Sch 2 para 24
Sch 2 para 24(1)

Schedule 32 to FA 2004 (supplementary provisions about benefit crystallisation events) is amended as follows.

Sch 2 para 24(2)

In paragraph 1 (meaning of “the relevant pension schemes”: in certain cases means schemes of which the individual was a member immediately before death) before “7” insert “ 5C or ”.

Sch 2 para 24(3)

After paragraph 14A insert—

Sch 2

Income tax on beneficiaries' income withdrawal

Sch 2 para 25
Sch 2 para 25(1)

ITEPA 2003 is amended as follows.

Sch 2 para 25(2)

In section 573 (foreign pensions to which section 573 applies) after subsection (2) insert—

Sch 2 para 25(3)

In section 574(1) (foreign pensions: meaning of “pension”)—

Sch 2 para 25(3)(a)

in paragraph (b) (“pension” includes amounts corresponding to income withdrawal or dependants' income withdrawal)—

Sch 2 para 25(3)(a)(i)

omit “or dependants' income withdrawal”, and

Sch 2 para 25(3)(a)(ii)

for “paragraphs 7 and 21” substitute “ paragraph 7 ”, and

Sch 2 para 25(3)(b)

before the “and” at the end of paragraph (b) insert—.

Sch 2 para 25(4)

In section 579A(1) (section applies to pensions under registered pension schemes, subject to subsection (2)) after “subsection (2)” insert “ and section 579CZA ”.

Sch 2 para 25(5)

After section 579C insert—

Sch 2 para 25(6)

In section 579D (interpretation of sections 579A to 579D)—

Sch 2 para 25(6)(a)

at the appropriate places insert—, and, and

Sch 2 para 25(6)(b)

in paragraph (b) of the definition of “pension under a registered pension scheme” after “dependants' income withdrawal” insert “, or nominees' income withdrawal or successors' income withdrawal,”.

Sch 2 para 25(7)

The amendments made by sub-paragraphs (2) to (5) have effect in relation to pension paid on or after 6 April 2015.