Part 9Pension income

Chapter 7Former approved superannuation funds

Unauthorised payments

593Unauthorised payments: application of section 583

(1)Section 583 applies to a payment if—

(a)the payment is made out of funds which are held for the purposes of a former approved superannuation fund (“the paying fund”), but

(b)it is not expressly authorised—

(i)by the rules of the paying fund, or

(ii)by virtue of paragraph 33 of Schedule 6 to FA 1989, and

(c)conditions B and C in section 583(4) and (5) are met.

(2)But section 583 does not apply to a payment to which section 623 applies.

(3)In this section “payment” includes—

(a)a transfer of assets, and

(b)any other transfer of money’s worth.

(4)If section 583 applies to a payment by virtue of this section, sections 584, 585 and 588 apply accordingly.