a retirement benefits scheme approved for the purposes of Chapter 1 of Part 14 of ICTA,

a former approved superannuation fund (see sub-paragraph (3)),

a relevant statutory scheme, as defined in section 611A of ICTA, or a pension scheme treated by the Inland Revenue on that date as if it were such a relevant statutory scheme,

an annuity contract by means of which benefits provided under a pension scheme within paragraph (a), (b) or (c) have been secured but which does not provide for the immediate payment of benefits,

a scheme or fund mentioned in section 613(4)(b) to (d) of ICTA (Parliamentary pension schemes or funds),

an annuity contract or trust scheme approved under section 620 or 621 of ICTA or a substituted contract within the meaning of section 622(3) of ICTA, or

a personal pension scheme approved under Chapter 4 of Part 14 of ICTA,

the fund has been approved for the purposes of Chapter 1 of Part 14 of ICTA (retirement benefits schemes), or

any sum has been paid under the fund by way of contribution.

is a registered pension scheme by virtue of sub-paragraph (1)(a), and

is neither a public service pension scheme nor an occupational pension scheme,

the amount of the sums held for the purposes of the pension scheme immediately before 6th April 2006, and

the market value (at that time) of the assets held for the purposes of the pension scheme at that time.

are to be treated as having been acquired at that time for a consideration equal to the amount on which tax is charged by virtue of sub-paragraph (2) by the person who would be chargeable in respect of a chargeable gain accruing on a disposal of the assets on that date, and

are not to be treated as having been disposed of by any person at that time.

in the case of a pension scheme within paragraph 1(1)(a), (b) or (c), the person who is, or the persons who are, the administrator of the pension scheme under section 611AA of ICTA,

in the case of a pension scheme within paragraph 1(1)(d) or (f), the trustee or trustees of the pension scheme, or the insurance company which is a party to the contract in which the pension scheme is comprised,

in the case of a pension scheme within paragraph 1(1)(e), the trustees of the scheme or fund, and

in the case of a pension scheme within paragraph 1(1)(g), the person who is referred to in section 638 (1) of ICTA.

the first date after 5th April 2006 on which amendments of the rules of the pension scheme F2which state that the modifications no longer apply in relation to it take effect, or

the end of the tax year 2010-11 or such later time as the Board of Inland Revenue may by regulations prescribe.

modifications for relieving pension schemes of obligations to make payments which, on and after 6th April 2006, would be unauthorised payments, and

modifications of provisions (however expressed) referring to any limit contained in, or relevant in relation to approval under or for the purposes of, any provision of Part 14 of ICTA (pension schemes etc.) as it has effect at any time before 6th April 2006.

section 591B (1) of ICTA (withdrawal of approval of retirement benefits scheme),

section 620(7) of ICTA (withdrawal of approval of retirement annuity contract), and

section 650 (1) of ICTA (withdrawal of approval of approved personal pension arrangements),

sections 591C and 591D of ICTA (tax on cessation of approval of retirement benefits scheme), or

sections 650A and 651 of ICTA (charge on cessation of approval of personal pension arrangements and appeal against such withdrawal of such approval),

the amount of the relevant pre-commencement pension rights of the individual exceeds £1,500,000 (the standard lifetime allowance for the tax year 2006-07), and

notice of intention to rely on this paragraph is given to the Inland Revenue in accordance with regulations made by the Board of Inland Revenue.

the value of the individual’s relevant uncrystallised pension rights on 5th April 2006 (calculated in accordance with paragraphs 8 and 9), and

the value of the individual’s relevant crystallised pension rights on that date (calculated in accordance with paragraph 10).

if on 10th December 2003 the terms of the arrangement made provision for a reduction in the amount of benefits payable in respect of rights under the arrangement on account of the holder of the rights being below a particular age, that age, and

otherwise, 60.

the value, or the aggregate of the values, calculated under paragraph 8, F4or (if lower)

the amount arrived at in accordance with sub-paragraph (3).

in the case of an arrangement under a pension scheme which immediately before 6th April 2006 was within section F7611A(1)(a) of ICTA, the maximum annual pension that could be paid to the individual under the pension scheme on 5th April 2006, and

in any other case, the maximum annual pension that could be paid to the individual on 5th April 2006 under the arrangement or arrangements if it or they were made under a pension scheme within paragraph 1(1)(a) without giving the Board of Inland Revenue grounds for withdrawing approval of the pension scheme under section 591B of ICTA.

F8in the case of any arrangement, that if the individual was in the employment to which the arrangement or arrangements relates or relate on 5th April F92006 the individual left the employment on that date, and

in the case of an arrangement within sub-paragraph (4)(a), that the valuation assumptions apply (see section 277),

F11in the case of any other arrangement, that if the individual had not reached the lowest age at which a pension may be paid under a pension scheme within paragraph 1(1)(a) to a person in good health without giving the Board of Inland Revenue grounds for withdrawing the approval of the pension F12scheme that fact would not give the Board such grounds.

a lump sum could be paid to the individual on 5th April 2006 under the pension scheme otherwise than by commutation of pension, and

that lump sum could not be exchanged (in whole or in part) for an increased pension.

the earnings by reference to which benefits under the arrangement are calculated are earnings from the employment, or

the person who is the employer in relation to the employment pays contributions under the arrangement in respect of the individual.

a pension under a retirement benefits scheme approved for the purposes of Chapter 1 of Part 14 of ICTA,

a pension under a former approved superannuation fund (defined as for the purposes of paragraph 1(1)(b)),

a pension under a relevant statutory scheme, as defined in section 611A of ICTA, or a pension scheme treated by the Inland Revenue as if it were such a relevant statutory scheme,

an annuity (or pension in the form of income drawdown) under an annuity contract by means of which benefits provided under a pension scheme within paragraph (a), (b) or (c) have been secured,

a pension under a scheme or fund mentioned in section 613(4)(b) to (d) of ICTA (Parliamentary pension schemes or funds),

an annuity under an annuity contract or trust scheme approved under section 620 or 621 of ICTA or a substituted contract within the meaning of section 622(3) of ICTA,

an annuity acquired using funds held for the purposes of a personal pension scheme approved under Chapter 4 of Part 14 of ICTA, or

a right to make income withdrawals under section 634A of ICTA.

paragraph 7 makes provision for the operation of a lifetime allowance enhancement factor in relation to an individual, and

on or after 6th April 2006, the rights of the individual under a relevant pension arrangement (see paragraph 8(2)) relating to the individual are reduced by becoming subject to a pension debit.

paragraph 7 makes provision for the operation of a lifetime allowance enhancement factor in relation to an individual immediately before the individual's death (and any calculation required by paragraph 11 does not mean that there is then no longer a primary protection factor),

a person is paid a defined benefits lump sum death benefit or an uncrystallised funds lump sum death benefit in respect of the individual, and

notice of intention to rely on this paragraph is given to an officer of Revenue and Customs by that person in accordance with regulations made by the Commissioners for Her Majesty's Revenue and Customs.

the benefit crystallisation event consisting of the payment of the lump sum death benefit, and

any other benefit crystallisation event consisting of the payment of a lump sum death benefit in respect of the individual.

in respect of the individual as uncrystallised rights lump sum death benefits, and

under relevant pension arrangements relating to the individual,

in the case of any lump sum death benefit which could have been paid under a pension scheme in the case of which approval could have been withdrawn under section 591B, 620(7) or 650 of ICTA, any amount in excess of the permitted limit (see sub-paragraph (2)), and

in the case of any lump sum death benefit which could have been paid under an arrangement in the case of which rights to such a benefit are commuted into prospective rights to receive dependants' pensions, any dependants' pension proportion amount (see sub-paragraphs (3) and (4)).

was not an occupational pension scheme, or

was an occupational pension scheme with fewer than 20 members.

a sum was paid under the policy when the individual actually died, and

the terms of the policy had not been varied significantly during the period beginning with 5th April 2006 and ending with the death;

as part of a retirement-benefit activities compliance exercise, or

to comply with the F18Part 5 of the Equality Act 2010, so far as relating to age, or the Employment Equality (Age) Regulations (Northern Ireland) 2006 (or any regulations amending or replacing F19those Regulations.),

the surrender of the old policy and taking out of the new policy constitute or form part of a transaction the purpose of which is to secure that the activities of the pension scheme are limited to retirement-benefit activities within the meaning of section 255 of the Pensions Act 2004 or Article 232 of the Pensions (Northern Ireland) Order 2005, and

the rights under the old policy and the new policy are not significantly different.

the individual was employed by a person on 5th April 2006 and continued to be employed by that person or a person connected with that person until the time when the individual died,

that person was a sponsoring employer in relation to the pension scheme on 5th April 2006, and

the individual had not become entitled to the present payment of benefits in respect of rights under the pension scheme before the time when the individual died.

relevant benefit accrual occurs under the arrangement, or any of the arrangements (see paragraph 13),

there is an impermissible transfer into the arrangement or any of the arrangements (see paragraph 17A),

a transfer of sums or assets held for the purposes of, or representing accrued rights under, the arrangement or any of the arrangements is made that is not a permitted transfer, or

an arrangement relating to the individual is made under a registered pension scheme otherwise than F22in permitted circumstances.

for the purposes of a permitted transfer,

as part of a retirement-benefit activities compliance exercise, or

as part of an age-equality compliance exercise.

it is made in connection with the cancellation of rights under another arrangement relating to the individual (“the old arrangement”),

the old arrangement and the new arrangement relate to the same employment,

there is a prospective entitlement to pension death benefits within section 167(1) or lump sum death benefits within section 168(1) (or both) under both the old arrangement and the new arrangement,

the making of the new arrangement and the cancellation of the old arrangement constitute or form part of a transaction the purpose of which is to secure that the activities of the pension scheme under which the arrangement is made are limited to retirement-benefit activities within the meaning of section 255 of the Pensions Act 2004 or Article 232 of the Pensions (Northern Ireland) Order 2005, and

the rights cancelled under the old arrangement and the rights conferred under the new arrangement are not significantly different.

it is made in connection with the cancellation of rights under another arrangement relating to the individual (“the old arrangement”),

the old arrangement and the new arrangement relate to the same employment,

there is a prospective entitlement to pension death benefits within section 167(1) or lump sum death benefits within section 168(1) (or both) under both the old arrangement and the new arrangement, and

the new arrangement is made, and the old arrangement cancelled, in order to comply with the F24Part 5 of the Equality Act 2010, so far as relating to age, or the or Employment Equality (Age) Regulations (Northern Ireland) 2006 (or any regulations amending or replacing F25those Regulations).

there is no liability to the lifetime allowance charge in respect of the individual, and

the payment of a lifetime allowance excess lump sum to the individual is not permitted by the lump sum rule (see section 166).

before 6th April 2006 an arrangement relating to the individual has been made under a pension scheme within paragraph 1(1), and

the pension scheme becomes a registered pension scheme on that date.

the value of the uncrystallised rights of the individual on 5th April 2006 under an arrangement, or

the aggregate of the values of the uncrystallised rights of the individual on 5th April 2006 under arrangements,

the individual’s uncrystallised rights, or

the aggregate of the values of the individual’s uncrystallised rights,

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the sums or assets F30. . . are transferred so that sub-paragraph (8) applies in relation to them, and

the aggregate of the amount of F31the sums and the market value of F31the assets is, applying normal actuarial practice, equivalent before and after the transfer.

they are transferred so as to become held for the purposes of a money purchase arrangement that is not a cash balance arrangement F32. . . F32. . .

where the transfer occurs in connection with the winding up of the pension scheme under which the arrangement is made and the arrangement is a cash balance arrangement or a defined benefits arrangement, they are transferred so as to become held for the purposes of, or to represent rights under, a cash balance arrangement or defined benefits arrangement relating to the same employment as the arrangement and made under a registered pension scheme or recognised overseas pension scheme.

where the arrangement is a cash balance arrangement or a defined benefits arrangement relating to a present or former employment, they are transferred in connection with a relevant business transfer so as to become held for the purposes of, or to represent rights under, a cash balance arrangement or defined benefits arrangement made under a registered pension scheme or recognised overseas pension scheme, or

where the arrangement (“the old arrangement”) is a cash balance arrangement or a defined benefits arrangement, they are transferred as part of a retirement-benefit activities compliance exercise so as to become held for the purposes of, or to represent rights under, a cash balance arrangement or defined benefits arrangement (“the new arrangement”) relating to the same employment as the old arrangement and made under a registered pension scheme or recognised overseas pension scheme.

which involves the transfer of at least 20 employees, and

in the case of which, if the transferor and the transferee are bodies corporate, they would not be treated as members of the same group for the purposes of F35Part 5 of the Corporation Tax Act 2010 .

there is a prospective entitlement to pension death benefits within section 167(1) or lump sum death benefits within section 168(1) (or both) under both the old arrangement and the new arrangement, and

the transfer constitutes or forms part of a transaction the purpose of which is to secure that the activities of the pension scheme under which the old arrangement was made are limited to retirement-benefit activities within the meaning of section 255 of the Pensions Act 2004 or Article 232 of the Pensions (Northern Ireland) Order 2005.

if the transfer is a permitted transfer by virtue of sub-paragraph (8)(a), this paragraph (and paragraphs 13 F36, 14 and 17A(1) and (2)) apply in relation to the arrangement F37. . . to which the transfer is made, and

if the transfer is a permitted transfer by virtue of sub-paragraph (8)(b) F38or (d), this paragraph (and paragraphs 13 F39, 15 and 17A(3) F40to 17) apply as if the arrangement to which the transfer is made were the same as that from which it is made, F41and

if the transfer is a permitted transfer by virtue of sub-paragraph (8)(c), this paragraph (and paragraphs 13, 15 to 17 and 17A(3)) apply as if the arrangement to which the transfer is made were the same as that from which it is made and (if the employment is transferred) as if the employment with the transferee were the employment with the transferor.

a relievable pension contribution is paid by or on behalf of the individual under the arrangement,

a contribution is paid in respect of the individual under the arrangement by an employer of the individual, or

a contribution paid F44otherwise than by or on behalf of the individual or by an employer of the individual in respect of the individual subsequently becomes held for the purposes of the provision under the arrangement of benefits to or in respect of the individual.

it may only be applied for or towards the payment of premiums under a policy of insurance on the life of the individual,

the policy is issued, or issued in respect of insurances made, before 6th April 2006,

there is no right to surrender any rights under the policy,

the terms of the policy are not varied significantly during the period beginning with 6th April 2006 and ending with the individual's actual death so as to increase the benefits payable under the policy or extend the period during which benefits are so payable, and

no benefits are paid, or other payments made, under (or on the surrender of rights under) the policy except by reason of the individual's death;

as part of a retirement-benefit activities compliance exercise, or

as part of an age-equality compliance exercise.

the surrender of the old policy and the taking out of the new policy constitute or form part of a transaction the purpose of which is to secure that the activities of the pension scheme under which the arrangement is made are limited to retirement-benefit activities within the meaning of section 255 of the Pensions Act 2004 or Article 232 of the Pensions (Northern Ireland) Order 2005, and

the rights under the old policy and the new policy are not significantly different.

the old policy is surrendered, and the new policy is taken out, in order to comply with F50Part 5 of the Equality Act 2010, so far as relating to age, or the or Employment Equality (Age) Regulations (Northern Ireland) 2006 (or any regulations amending or replacing F51those Regulations), and

any significant difference between the rights under the old policy and the rights under the new policy is attributable to the need to comply with those Regulations (or any regulations amending or replacing them).

by a sponsoring employer,

under a relevant hybrid arrangement, and

solely in respect of the provision in respect of the individual of lump sum death benefits which are defined benefits or cash balance benefits.

which subsequently becomes a money purchase arrangement that is not a cash balance arrangement, and

under which lump sum death benefits would have been payable in respect of the individual if the individual had died on 5th April 2006.

if the relevant event is the first relevant event occurring in relation to the individual and to the arrangement or any other cash balance arrangement or defined benefits arrangement related to the arrangement (“the first relevant event”), the amount crystallised by that event, and

otherwise, the aggregate of the amount crystallised by the relevant event and the amount crystallised by the relevant event, or by each of the relevant events, which has or have previously occurred in relation to the individual and to the arrangement or any other cash balance arrangement or defined benefits arrangement related to the arrangement.

the amount of any sums held for the purposes of, or representing accrued rights under, the arrangement F52which are transferred, and

the market value of any assets held for the purposes of, or representing accrued rights under, the arrangement F52which are transferred.

the other arrangement relates to the individual, and

both the arrangement and the other arrangement relate to the same employment;

the value of the individual’s rights on 5th April 2006 under the arrangement, or (where there is or are one or more other cash balance arrangements or defined benefits arrangements related to the arrangement) the aggregate of the value of the individual’s rights under the arrangement and the other arrangement or arrangements, arrived at in accordance with paragraphs 8 and 9, as increased by the relevant indexation percentage (see sub-paragraph (5)), and

what would be the value of those rights, so arrived at, on the assumptions specified in sub-paragraph (6).

the percentage by which an amount would be increased if it were increased for the period beginning with 6th April 2006 and ending with the date on which the relevant event occurs at an annual rate of 5%,

the percentage by which an amount would be increased if it were increased for that period at an annual percentage rate referred to in regulations made by the Board of Inland Revenue, and

the percentage by which the retail prices index for the month in which the relevant event occurs is higher than that for April 2006.

that the individual’s age on 5th April 2006 were what it is at the time of the first relevant event (so that neither paragraph 8(6) nor section 277(a) applies in arriving at what would be the value of the rights under paragraph 8), and

that the amount of the earnings which would have fallen to be taken into account under the arrangement for calculating the amount of benefits payable to or in respect of the individual (if the individual became entitled to the present payment of benefits in respect of the rights under the arrangement on that date) were the lesser of the two amounts specified in sub-paragraph (7).

the current amount of the relevant pensionable earnings immediately before the first relevant event, and

the post-commencement earnings limit (see paragraphs 16 and 17).

a person is paid a defined benefits lump sum death benefit or an uncrystallised funds lump sum death benefit in respect of the individual under the arrangement, and

notice of intention to rely on this paragraph is given to an officer of Revenue and Customs by that person in accordance with regulations made by the Commissioners for Her Majesty's Revenue and Customs.

the payment of the lump sum death benefit, or

the payment of any other lump sum death benefit in respect of the individual under the arrangement or another cash balance arrangement or defined benefits arrangement related to the arrangement,

the value of the individual's pre-commencement rights to death benefits, as increased by the relevant indexation percentage (see sub-paragraph (5) of paragraph 15), or

what would be the value of the individual's pre-commencement rights to death benefits on the assumptions specified in sub-paragraph (6) of that paragraph (but subject to the modifications in sub-paragraph (7) of this paragraph).

the arrangement, or

any other cash balance arrangement or defined benefits arrangement related to the arrangement,

each of the references to paragraph 11B(2) were to sub-paragraph (4) of this paragraph, and

in paragraph 11D(1), for “of a pension scheme” there were substituted “ of any arrangement within paragraph 15A(4) under a pension scheme ”.

for the references in sub-paragraphs (6)(a) and (7)(a) and (10) to the time of the first relevant event there were substituted a reference to the time immediately before the individual's death, and

the words in parentheses in sub-paragraph (6)(a) were omitted.

section 590C of ICTA or paragraph 20 of Schedule 6 to FA 1989 (earnings cap) had effect, or

provision similar to section 590C of ICTA had effect by virtue of conditions imposed under section 591 of that Act (discretionary approval),

the first relevant event,

the individual leaving the employment to which the arrangement relates, and

the individual's death.

the percentage by which an amount would be increased if it were increased for the period beginning with the date on which it ends and ending with the date on which the relevant event occurs at an annual rate of 5%,

the percentage by which an amount would be increased if it were increased for that period at an annual percentage rate referred to in regulations made by the Board of Inland Revenue, or

the percentage by which the retail prices index for the month in which the first relevant event occurs is higher than that for the month in which the appropriate period ends.

if amount B is not greater than amount A, amount B, and

otherwise, amount C.

amount A, and

amount D.

the percentage by which an amount would be increased if it were increased for the period beginning with the date on which it ends and ending with the date on which the relevant event occurs at an annual rate of 5%,

the percentage by which an amount would be increased if it were increased for that period at an annual percentage rate referred to in regulations made by the Board of Inland Revenue, or

the percentage by which the retail prices index for the month in which the first relevant event occurs is higher than that for the month in which the appropriate period ends.

sums or assets held for the purposes of, or representing rights under, an arrangement relating otherwise than to the individual are transferred so as to become held for the purposes of the relevant existing arrangement, otherwise than pursuant to a pension sharing order or provision, F64or

sums or assets which are neither held for the purposes of, nor represent rights under, a pension scheme are so transferred, F65...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in protected circumstances, and

before the individual reaches normal minimum pension age.

paragraph 22 or 23 (right to take pension before normal minimum pension age) applies to the individual and the pension scheme,

the individual’s protected pension age (see paragraph 22(8) or 23(8)) is less than 50, and

the pension scheme is not prescribed by regulations made by the Board of Inland Revenue.

a benefit crystallisation event had occurred in relation to the individual, and

the amount crystallised was the value of the individual’s pre-commencement pension rights immediately before the benefit crystallisation event.

F6980% of the maximum amount that may be paid in the drawdown pension year in which the time falls in accordance with pension rule 5 (see section 165), or

in the case of an arrangement to which subsection (3A) of section 165 F70applied at any time before 6 April 2015 , F7180% of the maximum amount that could have been paid in accordance with that rule in the drawdown pension year in which that subsection first applied to the arrangement if it had not so applied.

in the case of an arrangement to which section 165(3A) never applied but only if the time falls after the member's drawdown pension fund in respect of the arrangement is converted into the member's flexi-access drawdown fund in respect of the arrangement by the operation of any of paragraphs 8B to 8D of Schedule 28, 80% of the maximum amount that could have been paid in accordance with pension rule 5 in the drawdown pension year in which the conversion occurs had no conversion happened in that year by the operation of any of paragraphs 8B to 8D of Schedule 28.

the pension scheme is a protected pension scheme, and

the retirement condition is met in relation to the member and the pension scheme.

the pension scheme was within any of paragraphs (a) to (e) of paragraph 1(1), and

the entitlement condition is met in relation to the member and the pension scheme.

on 5th April 2006 the member had an actual or prospective right under the pension scheme to F74any benefit from an age of less than 55,

the rules of the pension scheme on 10th December 2003 included provision conferring such a right on some or all of the persons who were then members of the pension scheme, and

such a right either was then conferred on the member or would have been had the member been a member of the scheme on that date.

a block transfer from the pension scheme (“the original pension scheme”) in relation to which condition A is met to the transferee pension scheme, or

a block transfer to the transferee pension scheme from a pension scheme that was a transferee pension scheme in relation to the original pension scheme by virtue of the previous application of paragraph (a) or the previous application (on one or more occasions) of this paragraph.

it involves the transfer in a single transaction of all the sums and assets held for the purposes of, or representing accrued rights under, the arrangements under the pension scheme from which the transfer is made which relate to the member and at least one other member of that pension scheme, and

either the member was not a member of the pension scheme to which the transfer is made before the transfer or he has been a member of that pension scheme for no longer than such period as is prescribed by regulations made by the Board of Inland Revenue.

it involves the transfer in a single transaction of all the sums and assets held for the purposes of, or representing accrued rights under, the arrangements under the pension scheme from which the transfer is made which relate to the member,

the date mentioned in sub-paragraph (7)(a) is before 6 October 2015.

the member becomes entitled to all the F78benefits payable to the member under arrangements under the pension scheme (to which the member did not have an actual entitlement on or before 5th April 2006) on the same date, and

in a case where on 5th April 2006 the member had an actual or prospective right under the pension scheme to any benefit from an age of less than 50, Condition 1 is met or, in any other case, Condition 2 or 3 is met.

the member is not, after becoming entitled to the benefits mentioned in sub-paragraph (7)(a), employed by a person who is a sponsoring employer in relation to the pension scheme and with whom the member is connected, and

the member's becoming entitled to those benefits is not part of an arrangement the main purpose (or one of the main purposes) of which is the avoidance of tax or national insurance contributions.

the member is not, after becoming entitled to the benefits mentioned in sub-paragraph (7)(a), employed by a person specified in sub-paragraph (7C), and

the member's becoming entitled to those benefits is not part of an arrangement the main purpose (or one of the main purposes) of which is the avoidance of tax or national insurance contributions.

any person who was a sponsoring employer in relation to the pension scheme at any time during the period of six months ending with the day on which the member became entitled to the benefits mentioned in sub-paragraph (7)(a) and by whom the member was employed at any time during that period,

any person who is connected with any such person, or

any person who is a sponsoring employer in relation to the pension scheme and with whom the member is connected.

paragraph (a) of sub-paragraph (7B) is not satisfied but one of the re-employment conditions is met, and

paragraph (b) of that sub-paragraph is satisfied.

that the member is not employed as mentioned in sub-paragraph (7B)(a) during the period of six months beginning with the day on which the member becomes entitled to the benefits mentioned in sub-paragraph (7)(a), and

that the member is not employed as mentioned in sub-paragraph (7B)(a) during the period of one month beginning with that day, but is so employed during the period of five months beginning at the end of that period, and either the pension abatement condition or the materially different employment condition is met.

the pension scheme is a public service pension scheme, and

the member's benefits under the scheme consist of or include a scheme pension which is liable to reduction by abatement while the member is employed as mentioned in sub-paragraph (7B)(a) and is under the age of 55.

in a case where the member is employed as mentioned in sub-paragraph (7B)(a) in more than one employment during the period of five months mentioned in sub-paragraph (7F)(b), if each of those employments, and

otherwise, if the employment in which the member is so employed during that period,

under Part 4 of the Reserve Forces Act 1996,

under Part 5 of that Act,

under a call-out or recall order made under that Act,

having been called out or recalled under the Reserve Forces Act 1980, or

because of any other call-out or recall obligation of an officer.

the pension scheme is a protected pension scheme, and

the retirement condition is met in relation to the member and the pension scheme.

the pension scheme was within paragraph (f) or (g) of paragraph 1(1), and

the entitlement condition is met in relation to the member and the pension scheme.

on 5th April 2006 the member had an actual or prospective right under the pension scheme to a pension from an age of less than 50, and

the member’s occupation was on that date (or had been) one prescribed by regulations made by the Board of Inland Revenue.

a block transfer from the pension scheme (“the original pension scheme”) in relation to which condition A is met to the transferee pension scheme, or

a block transfer to the transferee pension scheme from a pension scheme that was a transferee pension scheme in relation to the original pension scheme by virtue of the previous application of paragraph (a) or the previous application (on one or more occasions) of this paragraph.

there is a recognised transfer from one registered pension scheme (“the old scheme”) to another registered pension scheme (“the new scheme”), and

as a result of paragraph 21 or the previous operation of sub-paragraph (2), immediately before the transfer this Part (except for section 218(6) and paragraph 19) applied in relation to all of the transferred sums or assets as if references to normal minimum pension age were to the member's protected pension age as defined by paragraph 22(8) or, as the case may be, paragraph 23(8).

the transferred sums or assets while held for the purposes of an arrangement under the new scheme, and

paragraph 19 applies to a benefit crystallisation event occurring in relation to an individual, and

the benefit crystallisation event consists in the individual becoming entitled to a pension or a pension commencement lump sum,

paragraphs 27 to 29 (which modify Schedule 29 in relation to pension commencement lump sums), and

paragraph 30 (which makes provision about scheme chargeable payments),

in the case of an arrangement under a pension scheme falling within paragraph 1(1)(f), is 25% of the value of the funds held for the purposes of the arrangement on that date, and

in the case of any other arrangement, is an amount calculated in accordance with sub-paragraph (6).

if on 10th December 2003 the terms of the arrangement made provision for a reduction in the amount of benefits payable in respect of rights under the arrangement on account of the holder of the rights being below a particular age, that age, and

otherwise, 60.

the value, or the aggregate of the values, calculated under paragraph 25, F88or (if lower)

the maximum permitted lump sum.

in the case of an arrangement under a pension scheme which immediately before 6th April 2006 was within section F90611A(1)(a) of ICTA, the maximum lump sum that could be paid to the individual under the pension scheme on 5th April 2006, and

in any other case,

F91in the case of any arrangement, that if the individual was in the employment to which the arrangement or arrangements relates or relate on 5th April F922006 the individual left the employment on that date, and

in the case of an arrangement within sub-paragraph (3)(a), that the valuation assumptions apply (see section 277),

F94in the case of any other arrangement, that if the individual had not reached the lowest age at which a lump sum may be paid under a pension scheme within paragraph 1(1)(a) to a person in good health without giving the Board of Inland Revenue grounds for withdrawing the approval of the pension F95scheme that fact would not give the Board such grounds.

under paragraph 1(2) of that Schedule is not a pension commencement lump sum (because the lump sum exceeds the permitted maximum), and

is an unauthorised payment,

paragraphs 27 and 29 (in the case of an individual in relation to whom paragraph 12 applies), or

paragraph 28 (in the case of an individual in relation to whom paragraph 12 does not apply),

the pension scheme was within any of paragraphs (a) to (e) of paragraph 1(1), and

on 5th April 2006 the lump sum percentage of the individual’s uncrystallised rights under the pension scheme exceeded 25%.

a block transfer from the pension scheme (“the original pension scheme”) in relation to which condition A is met to the transferee pension scheme, or

a block transfer to the transferee pension scheme from a pension scheme that was a transferee pension scheme in relation to the original pension scheme by virtue of the previous application of paragraph (a) or the previous application (on one or more occasions) of this paragraph.

which relates to a particular employment, and

in relation to which the excess lump sum condition is met (see sub-paragraph (5) or (6)),

the value of the individual’s uncrystallised lump sum rights under the arrangement calculated in accordance with paragraph 25(5), exceeds

the amount arrived at in relation to the arrangement in accordance with paragraph 26.

the aggregate of the values of the individual’s uncrystallised lump sum rights under the arrangement and the other arrangement or arrangements, calculated in accordance with paragraph 25(5), exceeds

the amount arrived at in relation to those arrangements in accordance with paragraph 26;

which relates to a particular employment, and

in relation to which the excess rights condition is met (see sub-paragraph (5) or (6)),

the value of the individual’s uncrystallised rights under the arrangement calculated in accordance with paragraph 8(5), exceeds

the amount arrived at in relation to the arrangement in accordance with paragraph 9(3).

the aggregate of the values of the individual’s uncrystallised rights under the arrangement and the other arrangement or arrangements, calculated in accordance with paragraph 8(5), exceeds

the amount arrived at in relation to those arrangements in accordance with paragraph 9(3);

sub-paragraph (1)(c) and (d),

sub-paragraph (2), and

sub-paragraph (3).

in subsection (2), after “equal to” there were inserted “75% of”, and

subsection (3) were omitted.

the pension scheme is within any of paragraphs (a) to (e) of paragraph 1(1),

the member has an actual (rather than a prospective) right to a pension under an arrangement under the pension scheme, and

under the arrangement a lump sum death benefit is payable if the member dies within the guarantee period.

paragraph 14 of Schedule 29 (pension protection lump sum death benefit), F127and

paragraph 16 of that Schedule (annuity protection lump sum death benefit), F128...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

section 206 (1) does not apply to so much of any pension protection lump sum death benefit F133or annuity protection lump sum death benefit or unsecured pension fund lump sum death benefit paid under the arrangement as does not exceed the transitional protection limit, and

if the arrangement is a defined benefits arrangement, paragraph 14(1)(d) of Schedule 29 is to be treated as satisfied in relation to so much of the lump sum death benefit paid under the arrangement as does not exceed the transitional protection limit.

a personal pension scheme approved under Chapter 4 of Part 14 of ICTA before 6th April 2001, or

an annuity contract or trust scheme approved under section 620 or 621 of ICTA or a substituted contract within the meaning of section 622(3) of ICTA.

on 6th April 2006 the pension scheme holds an interest in taxable property which it acquired before that date, and

immediately before that date the pension scheme was not prohibited from holding the interest in the property,

before 6th April 2006 a contract to acquire an interest in property was entered into by the pension scheme or a person in whom the pension scheme directly or indirectly held an interest when the contract was entered into,

the pension scheme does not acquire the interest in the property before that date,

the property is taxable property on that date, and

immediately before that date the pension scheme would not have been prohibited from holding the interest in the property,

the taxable property is residential property on 6th April 2006, and

improvement works on the property are begun on or after that date.

any person who holds the interest in the property directly, or

any person who has entered into a contract to acquire the interest in the property,

where Condition A is met, the date on which the change in the occupation or use of the taxable property takes place,

where Condition B is met, the date on which the improvement works are substantially completed, or

where Condition C is met, the date on which the change in the pension scheme's interest in the person takes place,

the market value on the relevant date of the interest in the property held by the person who holds it directly, or

if the interest in the property is a lease at a rent, the amount of consideration that would be treated as given by the person for the lease by virtue of paragraph 34 of Schedule 29A if it were assigned to the person on that date.

the pension scheme holds the interest in the property directly, and

the interest is not a lease at a rent,

a binding contract for the works was entered into before that date, or

a substantial amount of the works has been carried out before that date.

materially improve the property, and

are not carried out wholly for the purposes of complying with a statutory requirement or a requirement imposed by a government department, a statutory body or a person holding a statutory office.

its market value on the date the works are substantially completed (“MVW”) exceeds what would have been its market value on that date if the works had not been carried out (“MV”), and

the amount by which MVW exceeds MV is greater than 20% of MV.

on 6th April 2006 an investment-regulated pension scheme holds an interest in taxable property which it acquired before that date, and

immediately before that date the pension scheme was prohibited from holding the interest.

on 6th April 2006 an investment-regulated pension scheme holds an interest in taxable property indirectly which it acquired before that date, and

immediately before that date the pension scheme was prohibited from holding the interest it held in the person that held the interest in the property directly at that time.

the market value on 6th April 2006 of the interest in the property held by the person who holds it directly, or

if the interest in the property is a lease at a rent, the amount of consideration that would be treated as given by the person for the lease by virtue of paragraph 34 of Schedule 29A if it were assigned to the person on that date.

the pension scheme holds the interest in the property directly, and

the interest is not a lease at a rent,

sub-paragraph (1) or (2) of paragraph 37A applies in relation to a pension scheme and an interest in property,

immediately before 6th April 2006 the pension scheme was a self-invested personal pension scheme or a small self-administered scheme,

on that date the pension scheme holds the interest in the property indirectly or (if sub-paragraph (2) of paragraph 37A applies in relation to the pension scheme and the interest in the property) the pension scheme will hold the interest indirectly once it has been acquired pursuant to the contract,

the property is residential property on that date, and

improvement works on the property were begun after 5th December 2005.

sub-paragraph (1) or (2) of paragraph 37A applies in relation to a pension scheme and an interest in property,

immediately before 6th April 2006 the pension scheme was a small self-administered scheme,

on that date the pension scheme holds the interest in the property directly,

the pension scheme acquired the interest before 5th August 1991,

the property is residential property on 6th April 2006, and

improvement works on the property were begun after 5th December 2005.

paragraph 37A does not apply in relation to the pension scheme and the interest in the property, and

unless the pension scheme has still to acquire the interest in the property on that date, sub-paragraphs (3) to (5) of paragraph 37C apply in relation to the pension scheme and the interest.

a binding contract for the works was entered into before that date, or

a substantial amount of the works has been carried out before that date.

paragraph 37A would otherwise apply in relation to a pension scheme and an interest in property,

immediately before 6th April 2006 the pension scheme was a retirement benefits scheme approved under section 590 of ICTA, and

the pension scheme was approved under that section after 5th December 2005.

on 6th April 2006 the pension scheme held the interest in the person by virtue of acquiring it before that date,

immediately before that date the pension scheme was not prohibited from holding the interest in the person,

at no time during the period beginning with that date and ending immediately before the acquisition of the interest in the property has the pension scheme's interest in the person been such that, if it had held that interest in the person immediately before 6th April 2006, it would have been prohibited from holding that interest at that time, and

the person acquires the interest in the property so that the property may be used for the purposes of a trade, profession or vocation carried on by the person or for the purposes of its administration or management.

a trade, profession or vocation carried on by the person, or

its administration or management.

on 6th April 2006 the pension scheme held the interest in the person by virtue of acquiring it before that date,

immediately before that date the pension scheme was not prohibited from holding the interest in the person,

immediately before that date the person had a business involving the holding and letting of residential property and held directly five or more assets consisting of interests in residential property for the purposes of that business,

at no time during the period beginning with that date and ending immediately before the acquisition of the interest in the property has the pension scheme's interest in the person been such that, if it had held that interest in the person immediately before 6th April 2006, it would have been prohibited from holding that interest at that time,

the person acquires the interest in the property for the purposes of its property rental business, and

after the acquisition of the interest in the property, the property is not occupied or used by a member of the pension scheme or a person connected with such a member.

which it holds on that date, and

to which paragraph 37H has applied before that date.

the market value on the relevant date of the interest in the property held by the person who holds it directly, or

if the interest in the property is a lease at a rent, the amount of consideration that would be treated as given by the person for the lease by virtue of paragraph 34 of Schedule 29A if it were assigned to the person on that date.

the loan was made before 6th April 2006 by an occupational pension scheme which becomes a registered pension scheme on that date,

had this Part had been in force and had the pension scheme been a registered pension scheme at the time when the loan was made, it would have been a loan to a sponsoring employer, and

the date by which the total amount owing (including interest) must be paid is on or after 6th April 2006.

an amount is outstanding on the date by which the total amount owing should have been paid,

the postponement is for a period not exceeding five years, and

there has been no previous postponement on or after 6th April 2006.

an annuity contract or trust scheme approved under section 620 or 621 of ICTA, or

a substituted contract within the meaning of section 622(3) of ICTA.

the annuity is payable on the death of a member of a pension scheme,

the annuity is paid in respect of the deceased member,

the member had not reached the age of 75 at the date of the member's death,

the member died on or after 3 December 2014,

no payment of the annuity is made before 6 April 2015,

the annuity has fulfilled the transitional conditions at all times on or after 6 April 2006,

the annuity was purchased together with an annuity payable to the member, and

that annuity payable to the member fulfilled the transitional conditions at all times in the period beginning with 6 April 2006 and ending with the member's death.

in the form of a joint life annuity, or

separately in circumstances in which the day on which the one is purchased is no earlier than seven days before, and no later than seven days after, the day on which the other is purchased.

a block transfer from the pension scheme within sub-paragraph (1) (“the original pension scheme”) to the transferee pension scheme, or

a block transfer to the transferee pension scheme from a pension scheme that was a transferee pension scheme in relation to the original pension scheme by virtue of the previous application of paragraph (a) or the previous application (on one or more occasions) of this paragraph.

section 394 of ITEPA 2003 (charge on benefits from non-approved schemes) operates (or would otherwise operate) by reason of the provision of a lump sum under an employer-financed retirement benefits scheme on or after 6th April 2006, and

before that date an employer has paid any sum or sums, with a view to the provision of benefits under the scheme, in respect of which an employee is taxed.

an amount counts as employment income of an individual under that section, or

the person who is, or persons who are, the responsible person in relation to the scheme is or are chargeable F144to income tax under subsection (2) of that section.

the employee is assessed to tax by virtue of section 595 (1) of ICTA (charges on payments) in respect of the sum or sums, or

the sum or sums counts or count as employment income of the employee under section 386 (1) of ITEPA 2003 (charges on payments).

all of the income and gains accruing to the scheme are brought into charge to tax and the lump sum is provided to the employee, a relative of the employee, the personal representatives of the employee, an ex-spouse F145or former civil partner of the employee or any other individual designated by the employee, or

the scheme was entered into before F1461st December 1993 and has not been varied on or after that date with a view to the provision of benefits under the scheme.

section 394 of ITEPA 2003 does not apply in relation to so much of the lump sum as does not exceed the appropriate fraction of the amount of the market value of the assets of the scheme on 5th April 2006 as increased under sub-paragraph (4), and

only any sum or sums paid by the employee after that date with a view to the provision of benefits under the scheme is or are to be taken into account under section 395 of ITEPA 2003 (general rules).

“the appropriate fraction” of the amount of the market value of the assets of the scheme on 5th April 2006 is the same fraction as the fraction of the assets of the scheme to which the employee would have been entitled had the scheme been wound up on that date, and

the amount of the market value of the assets of the scheme on that date is to be increased by the percentage by which the retail prices index for the month in which the lump sum is provided is greater than that for April 2006.

which is not a registered pension scheme F150, a qualifying non-UK pension scheme or a superannuation fund to which section 615(3) of ICTA applies, but

to which section 151 of the Inheritance Tax Act 1984 (c. 51) (treatment of pension rights) applied immediately before 6th April 2006.

section 151 of the Inheritance Tax Act 1984 continues to apply to the fund or scheme on and after that date for all purposes of that Act, and

property which is part of or held for the purposes of the fund or scheme does not constitute relevant property for the purposes of Chapter 3 of Part 3 of that Act (settlements without interest in possession).

an increase by the percentage by which the retail prices index for the month of September immediately preceding the time in question is greater than that for April 2006, and

a reduction by the amount of any relevant payments made under the fund or scheme on or after 6th April 2006 and before that time.

payments of costs or expenses, or

payments which are (or will be) income of any person for any of the purposes of income tax.

an increase by the percentage by which the retail prices index for the month of September immediately preceding the time in question is greater than that for April 2006, and

a reduction by the amount of any relevant payments made under the fund or scheme on or after 6th April 2006 and before that time.

reduced by the value of the property on which inheritance tax would have been chargeable on the relevant tax occasion, and

subject to the adjustments provided by sub-paragraph (6).

an increase by the percentage by which the retail prices index for the month of September immediately preceding the time in question is greater than that for the month in which the relevant tax occasion fell, and

a reduction by the amount of any F154relevant payments made under the fund or scheme since the relevant tax occasion.

payments of costs or expenses, or

payments which are (or will be) income of any person for any of the purposes of income tax.