Part 9Pension income

Chapter 6Approved retirement benefits schemes

Unauthorised payments

583Unauthorised payments

1

This section applies to a payment if conditions A, B and C are met.

2

But this section does not apply to a payment to which section 623 applies.

3

Condition A is that the payment—

a

is made out of funds which are held for the purposes of an approved retirement benefits scheme (“the paying scheme”), but

b

is not expressly authorised—

i

by the rules of the paying scheme, or

ii

by virtue of paragraph 33 of Schedule 6 to FA 1989.

4

Condition B is that the payment is not made in the course of payment of a pension or annuity.

5

Condition C is that the payment is made to or for the benefit of—

a

an employee, or

b

an ex-spouse of an employee.

6

A payment to which this section applies is not to be charged to tax under—

a

section 598 or 599 of ICTA, or

b

the Regulations mentioned in paragraph 8 of Schedule 3 to FA 1971.

7

In this section “payment” includes—

a

a transfer of assets, and

b

any other transfer of money’s worth.