Part 4U.K.Pension schemes etc

Modifications etc. (not altering text)

C7Pt. 4 modified (1.7.2008) (N.I.) (with effect in accordance with reg. 1 of the amending Rule) by The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008/256), regs. 1, 124(1) (with regs. 134, 258)

C9Pt. 4 applied (21.7.2009) by Finance Act 2009 (c. 10), Sch. 35 para. 18

Chapter 3U.K.Payments by registered pension schemes

Unauthorised member paymentsU.K.

[F1172BIncrease in rights of connected person on deathU.K.

(1)This section applies if—

(a)at any time after the death of a relevant member of a registered pension scheme, there is an increase in the pension rights of another member of the pension scheme which is attributable to the death, and

(b)the dead member and other member were connected persons immediately before the death.

(2)A member of a registered pension scheme is a relevant member if, immediately before his death, any of his rights under the pension scheme are—

(a)rights to benefit to which the member (or any dependant of the member) has a prospective entitlement under an arrangement under the pension scheme,

[F2(aa)rights to payments under a scheme pension or dependants' scheme pension provided by the scheme administrator or as a result of the application of sums or assets held for the purposes of the pension scheme or under a lifetime annuity or dependants' annuity purchased by the application of sums or assets held for the purposes of the pension scheme,] or

(b)rights representing the member's unsecured pension fund [F3or dependant’s unsecured] pension fund in respect of an arrangement under the pension scheme.

(3)There is at any time an increase in the pension rights of the other member of the pension scheme which is attributable to the death if—

(a)the consideration which might be expected to be received in respect of an assignment (or assignation) of the benefits to which he [F4has an actual or prospective entitlement] under the pension scheme at that time, exceeds

(b)the consideration which might be expected to be received in respect of such an assignment (or assignation) immediately before that time,

in consequence of the death (ignoring for the purposes of paragraphs (a) and (b) any power to reduce the entitlement to the benefits).

(4)The pension scheme is to be treated as making an unauthorised payment to the other member (or to the other member's personal representatives) of an amount equal to the excess (but subject to subsection [F5(5)])).

(5)The amount which would (apart from this subsection) constitute the unauthorised payment is to be reduced by so much of the excess as arises—

F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)from the other member becoming entitled to pension death benefits or lump sum death benefits in respect of the dead member, or

(c)in any manner prescribed by regulations made by the Board of Inland Revenue.

(6)Regulations under subsection (5)(c) may include provision having effect in relation to times before they are made.

(7)This section does not apply if—

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the benefits to which each of [F8at least 20 members of the pension scheme] [F9has an actual or prospective entitlement] under the pension scheme are increased at the same rate in consequence of the death.

[F10(7A)This section does not apply if—

(a)the increase mentioned in subsection (1)(a) is an increase in the rate of a dependants' annuity or dependants' scheme pension or in rights representing a dependants' unsecured pension fund or dependants' alternatively secured pension fund, and

(b)the increase is attributable to rights of the dead member to payments under a dependants' annuity or dependants' scheme pension or rights representing a dependants' unsecured pension fund.

(7B)References in this section to a benefit to which the member or a person has an entitlement under the pension scheme includes rights to payments under—

(a)a scheme pension or dependants' scheme pension provided by the scheme administrator or as a result of the application of sums or assets held for the purposes of the pension scheme, or

(b)a lifetime annuity or dependants' annuity purchased by the application of sums or assets held for the purposes of the pension scheme.]

(8)This section does not apply if the increase in the pension rights of the other member is brought about by an assignment (or agreement to assign) within section 172.

[F11(8A)Nothing in this section applies in relation to the rights representing the member's unsecured pension fund if those rights would represent the member's alternatively secured pension fund but for paragraph 11(6) and (7) of Schedule 28.]

[F12(9)For the purposes of this section whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.]]

Textual Amendments

F1Ss. 172A-172D inserted (6.4.2006) by Finance Act 2005 (c. 7), Sch. 10 paras. 38, 64(1)

F2S. 172B(2)(aa) inserted (21.7.2008) (with effect in accordance with Sch. 28 para. 15(3) of the amending Act) by Finance Act 2008 (c. 9), Sch. 28 para. 4(2)

F3Words in s. 172B(2)(b) substituted (19.7.2007) (with effect in accordance with Sch. 19 para. 29(5) of the amending Act) by Finance Act 2007 (c. 11), Sch. 19 para. 12(2)

F4Words in s. 172B(3)(a) substituted (21.7.2008) (with effect in accordance with Sch. 28 para. 15(3) of the amending Act) by Finance Act 2008 (c. 9), Sch. 28 para. 4(3)

F5Word in s. 172B(4) substituted (19.7.2007) by Finance Act 2007 (c. 11), Sch. 19 para. 12(3)

F6S. 172B(5)(a) repealed (19.7.2007) (with effect in accordance with Sch. 19 para. 29(3) of the amending Act) by Finance Act 2007 (c. 11), Sch. 19 para. 6, Sch. 27 Pt. 3(1)

F7S. 172B(7)(a) omitted (21.7.2008) (with effect in accordance with Sch. 28 para. 15(3) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 28 para. 4(4)(a)

F8Words in s. 172B(7)(b) substituted (21.7.2008) (with effect in accordance with Sch. 28 para. 15(3) of the amending Act) by Finance Act 2008 (c. 9), Sch. 28 para. 4(4)(b)

F9Words in s. 172B(7)(b) substituted (21.7.2008) (with effect in accordance with Sch. 28 para. 15(3) of the amending Act) by Finance Act 2008 (c. 9), Sch. 28 para. 4(3)

F10S. 172B(7A)(7B) inserted (21.7.2008) (with effect in accordance with Sch. 28 para. 15(3) of the amending Act) by Finance Act 2008 (c. 9), Sch. 28 para. 4(5)

F11S. 172B(8A) inserted (retrospective to 6.4.2006) by Finance Act 2007 (c. 11), Sch. 19 paras. 12(5), 29(4)

F12S. 172B(9) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 470 (with Sch. 2)