[F1[F216AB(1)Paragraph 16B does not apply if, at all times in the post-death year (as defined in that paragraph), the payable annual rate is less than the limit.U.K.
(2)Paragraph 16C does not apply in relation to a period of 12 months within paragraph (a) or (b) of paragraph 16C(1) if, at all times in that period of 12 months, the payable annual rate is less than the limit.
(3)“The payable annual rate”, at any time, is arrived at as follows—
(a)identify each dependants' scheme pension payable in respect of the member under the scheme to which a dependant of the member is actually entitled at that time, and
(b)identify the annual rate at which each pension identified at paragraph (a) is payable at that time, and
(c)if only one pension is identified at paragraph (a), the payable annual rate is the annual rate identified at paragraph (b), and
(d)if two or more pensions are identified at paragraph (a), the payable annual rate is the total of the annual rates identified at paragraph (b).
(4)“The limit”, at any time, is—
(a)the general limit at that time (see paragraph 16AC), or,
(b)if higher, the personal limit at that time (see paragraph 16AD).]]
Textual Amendments
F1Sch. 28 paras. 16A-16C inserted (6.4.2006) by Finance Act 2005 (c. 7), Sch. 10 paras. 28, 64(1)
F2Sch. 28 paras. 16AA-16AE inserted (with effect in accordance with s. 21(6)(7)(8)(a) of the amending Act) by Finance Act 2016 (c. 24), s. 21(3)(6)