Modifications etc. (not altering text)
C1Sch. 28 modified by The Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006 (S.I. 2006/207), regs. 1(1), 14 (as substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by S.I. 2012/1795, regs. 1(1), 5)
Textual Amendments
F1Sch. 28 paras. 8A-8D and cross-headings inserted (17.12.2014) (with effect in accordance with Sch. 1 para. 3(2) of the amending Act) by Taxation of Pensions Act 2014 (c. 30), Sch. 1 para. 3(1)
8B(1)Sub-paragraph (2) applies if—U.K.
(a)a member's drawdown pension fund in respect of an arrangement came into being before 6 April 2015,
(b)section 165(3A) did not apply to the arrangement immediately before 6 April 2015, and
(c)at a time on or after 6 April 2015, a payment—
(i)of income withdrawal from the fund, or
(ii)of a short-term annuity purchased using sums or assets out of the fund,
is made that (apart from sub-paragraph (2)) would breach the cap.
(2)The sums and assets that make up the fund immediately before the payment is made become newly-designated funds immediately before the payment is made (so that the payment is made out of the member's flexi-access drawdown fund in respect of the arrangement and therefore is not part of the total capped by pension rule 5).
(3)For the purposes of sub-paragraph (1)(c), a payment of drawdown pension in respect of an arrangement is one that would breach the cap if, when its amount is added to the amounts of any drawdown pension in respect of the arrangement—
(a)paid—
(i)before it is made, but
(ii)in the same drawdown pension year in respect of the arrangement, or
(b)paid at the time it is made,
the total is greater than the cap set by pension rule 5 for that drawdown pension year.]