Finance Act 2004

166Lump sum ruleU.K.

(1)This is the rule relating to the payment of lump sums by a registered pension scheme to a member of the pension scheme (“the lump sum rule”).

Lump sum rule

No lump sum may be paid other than—

(a)a pension commencement lump sum,

(b)a serious ill-health lump sum,

(c)a short service refund lump sum,

(d)a refund of excess contributions lump sum,

(e)a trivial commutation lump sum,

(f)a winding-up lump sum, or

(g)a lifetime allowance excess lump sum.

(2)For the purposes of this Part, a person becomes entitled to a lump sum under a registered pension scheme—

(a)in the case of a pension commencement lump sum, immediately before the person becomes entitled to the pension in connection with which it is paid [F1(or, if the person dies before becoming entitled to the pension in connection with which it was anticipated it would be paid, immediately before death)], and

(b)in any other case, when the person acquires an actual (rather than a prospective) right to receive the lump sum.

(3)Part 1 of Schedule 29 gives the meaning of expressions used in the lump sum rule.

(4)Schedule 36 contains (in Part 3) transitional provisions about lump sums.

Textual Amendments

F1Words in s. 166(2)(a) inserted (retrospective to 6.4.2006) by Finance Act 2007 (c. 11), Sch. 20 paras. 9, 24(3)

Modifications etc. (not altering text)

C1S. 166 applied (with modifications) (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 11

C4S. 166(2)(a) modified by S.I. 2006/572, art. 23ZE(2) (as inserted (with effect in accordance with art. 1(2) of the amending S.I.) by The Taxation of Pension Schemes (Transitional Provisions) (Amendment) Order 2011 (S.I. 2011/732), arts. 1(1), 3)

C5S. 166(2)(a) modified by S.I. 2006/572, art. 23ZC(2) (as inserted (with effect in accordance with art. 1(2) of the amending S.I.) by The Taxation of Pension Schemes (Transitional Provisions) (Amendment) Order 2011 (S.I. 2011/732), arts. 1(1), 3)

Commencement Information

I1Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284