PART 4Modification of tax regime

Lifetime allowance chargeI112

1

This regulation applies to a person (P) who—

a

is a member of an old scheme whether by virtue of pensionable service for that scheme or deemed transfer scheme service under paragraph 2 of Schedule 7 to the 2014 Act (final salary link);

b

is a member of the new scheme by virtue of pensionable service for the new scheme;

c

is being paid a higher or a lower tier ill-health pension under the new scheme; and

d

has an ill-health pension paid from the new scheme reduced as a consequence of P becoming entitled to payment of a scheme pension (within the meaning of paragraph 2 of Schedule 28 to the Finance Act 200415under the old scheme.

2

Section 216 of the Finance Act 200416(benefit crystalisation events and amounts crystallised) is modified in its application to P as specified in paragraph (3).

3

The payment of any scheme pension from the old scheme to P is treated as if it was not a benefit crystallisation event within the meaning of section 216 of the Finance Act 2004.

Annotations:
Commencement Information
I1

Reg. 12 in operation at 1.4.2015, see reg. 1

Annual allowance chargeI213

1

This regulation applies to a person (P) who—

a

is a member of an old scheme whether by virtue of pensionable service for that scheme or deemed transfer scheme service under paragraph 2 of Schedule 7 to the 2014 Act;

b

is a member of the new scheme by virtue of pensionable service for the new scheme; and

c

becomes entitled to payment of a lower tier ill-health pension under the new scheme.

2

Section 234 of the Finance Act 200417(defined benefits arrangements) is modified in its application to P as specified in paragraph (3).

3

When calculating the closing value of P’s rights under the new scheme for the pension input period during which P becomes entitled to payment of the lower tier ill-health pension, the element of the lower tier ill-health pension that represents pensionable service for the old scheme is not to be counted as being part of the closing value.