Legislation – The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024

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Introduction

Part 1
Introductory

1 Citation and commencement

Part 2
Amendments of primary legislation

2 TMA 1970

3 Chapter 15A of Part 9 of ITEPA 2003

4 Chapter 1 of Part 11 of ITEPA 2003

5 Sections 239 and 255 of FA 2004

6 Schedule 29 to FA 2004

7 Schedule 32 to FA 2004

8 Schedule 36 to FA 2004

9 Pensions Act 2004

10 The Pensions (Northern Ireland) Order 2005

11 Pensions Act 2008

12 Pensions (No. 2) Act (Northern Ireland) 2008

13 Schedule 18 to FA 2011

14 Schedule 22 to FA 2013

15 Schedule 6 to FA 2014

16 Schedule 4 to FA 2016

17 Schedule 9 to FA 2024

Part 3
Amendments of subordinate legislation

18 The Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations (Northern Ireland) 1997

19 The Pension Protection Fund (Compensation) Regulations 2005

20 The Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005

21 The Registered Pension Schemes (Accounting and Assessment) Regulations 2005

22 The Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006

23 The Pension Schemes (Information Requirements for Qualifying Overseas Pension Schemes, Qualifying Recognised Overseas Pension Schemes and Corresponding Relief) Regulations 2006

24 The Registered Pension Schemes (Provision of Information) Regulations 2006

25 The Taxation of Pension Schemes (Transitional Provisions) Order 2006

26 The Pension Protection Fund (Tax) Regulations 2006

27 The Financial Assistance Scheme (Tax) Regulations 2010

28 The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011

29 The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011

30 The Registered Pension Schemes (Notice of Joint Liability for the Annual Allowance Charge) Regulations 2011

31 The Pension (Non-Taxable Payments Following Death) (Real Time Information) Regulations 2021

Signature

Explanatory note

Part 2Amendments of primary legislation

Schedule 29 to FA 20046.

(1)

Schedule 29 to FA 2004 (authorised lump sums – supplementary)7 is amended as follows.

(2)

In paragraph 2 (pension commencement lump sum: definition of “the permitted maximum”), in sub-paragraphs (b) and (c), for “individual” substitute “member”.

(3)

In paragraph 4A (uncrystallised funds pension lump sum), in sub-paragraph (8)(b), for “paragraph 12(3H)” substitute “paragraph 12A(2)(b).

(4)

In paragraph 14 (pension protection lump sum death benefit), in sub-paragraph (3)—

(a)

in the formula, for “AC” substitute “(B x C)”;

(b)

for the definition of AC substitute—

“B and C have the same meaning as they have for the purposes of paragraph 2C(2);”.

(5)

In paragraph 16 (annuity protection lump sum death benefit), in sub-paragraph (3), for the definition of AC substitute—

“AC is—

(a)

where the lump sum is paid in respect of a scheme pension, the scheme pension purchase price, as determined under paragraph 2D(3) and (4);

(b)

where the lump sum is paid in respect of a lifetime annuity, the annuity purchase price, as determined under paragraph 2B(3) and (4);”.

7

Paragraph 2 of Schedule 29 was substituted by paragraph 26 of Schedule 9 to FA 2024. Paragraph 4A was inserted by paragraph 57 of Schedule 1 to the Taxation of Pensions Act 2014 (c. 30). It was amended by paragraph 21 of Schedule 5 to FA 2021 (c. 26), paragraphs 28 and 63 of Schedule 9 to FA 2024 and by S.I. 2024/356. Paragraph 14 of Schedule 29 was amended by paragraph 34 of Schedule 16 to FA 2011 (c. 11). Paragraph 16 of Schedule 29 was amended by paragraph 36 of Schedule 16 to FA 2011.