- Latest available (Revised)
- Point in Time (06/04/2004)
- Original (As made)
Version Superseded: 06/04/2006
Point in time view as at 06/04/2004.
There are currently no known outstanding effects for the The Tax Credits (Definition and Calculation of Income) Regulations 2002, Cross Heading: CHAPTER 3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
5.—[F1(1) In these Regulations, except where the context otherwise require, “pension income” means—
(a)any pension to which section 577 or 629 of ITEPA applies;
(b)any pension to which section 569 of ITEPA applies;
(c)any voluntary annual payment to which section 633 of ITEPA applies;
(d)any pension or annuity to which section 580 of ITEPA applies;
(e)any unauthorised personal pension payment to which section 601 of ITEPA applies;
(f)any periodical payment to which section 619 of ITEPA applies;
(g)any annuity paid from a fund to which section 590 of ITEPA applies;
(h)any unauthorised payment from a retirement benefits scheme to which section 583 ITEPA applies;
(i)any annuity to which section 595 of ITEPA applies;
(j)any income withdrawal to which section 598 of ITEPA applies;
(k)any annuity to which section 605 of ITEPA applies;
(l)any annuity to which section 609, 610 or 611 of ITEPA applies; and
(m)any payment to which section 623 of ITEPA applies.]
(2) In calculating the amount of a person’s pension income there shall be disregarded any [F2payment or benefit mentioned] in Column 1 of Table 2 to the extent specified in the corresponding entry in Column 2.
1. Payment | 2. Extent of disregard |
---|---|
1.A wounds pension or disability pension to which [F4section 641 of ITEPA] applies. | So much of the payment as is disregarded by virtue of [F4section 641 of ITEPA]. |
2.An annuity or additional pension payable to a holder of the Victoria Cross, George Cross or any other decoration mentioned in [F5section 638 of ITEPA]. | The whole of the annuity or additional pension and, if both are payable, the whole of both such annuity and additional pension. |
3.A pension or allowance to which [F6section 639 of ITEPA] applies. | [F7The amount of the pension or allowance.] |
4.A pension or allowance by reason of payment of which a pension or allowance specified in [F8section 639 of ITEPA] is withheld or abated. | [F9The amount treated as falling within section 639 of ITEPA by virtue of section 640(2) of that Act.] |
5.In the case of a claimant in receipt of a pension under the Service Pensions Order, any increase in the rate of that pension in respect of a dependant who is not a member of the claimant’s family. | The amount of the increase. |
6.A mobility supplement, or a payment in respect of attendance, paid in conjunction with a war pension. | The amount of the supplement or payment. |
7.Any supplementary pension under Article 29(1A) of the Service Pensions Order M1. | The amount of the supplementary pension. |
8.A pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 M2. | The amount for the time being specified in paragraph 1(c) of Schedule 4 to the Scheme. |
9.A pension awarded on retirement through disability caused by injury on duty or by a work-related illness. | [F10The exempt amount of the pension calculated in accordance with section 644(3) of ITEPA.] |
[F1110. A lump sum on which no liability to income tax arises by virtue of section 637 of ITEPA. | The amount of the lump sum.] |
[F1111. Coal or smokeless fuel provided as mentioned in section 646(1) of ITEPA, or an allowance in lieu of such provision. | The amount on which no liability to income tax arises by virtue of that section.] |
[F12(3) From the amount of pension income, calculated in accordance with the preceding provisions of this regulation, there shall be deducted any amount deductible for income tax purposes in computing pension income (as defined in ITEPA) under section 713 of that Act.]
Textual Amendments
F1Reg. 5(1) substituted (6.4.2003) by The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2003 (S.I. 2003/732), regs. 1, 7(2)
F2Words in reg. 5(2) substituted (6.4.2003) by The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2003 (S.I. 2003/732), regs. 1, 7(3)
F3Words in reg. 5 Table 2 heading substituted (6.4.2003) by The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2003 (S.I. 2003/732), regs. 1, 7(4)(a)
F4Words in reg. 5 Table 2 Item 1 substituted (6.4.2003) by The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2003 (S.I. 2003/732), regs. 1, 7(4)(b)
F5Words in reg. 5 Table 2 Item 2 substituted (6.4.2003) by The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2003 (S.I. 2003/732), regs. 1, 7(4)(c)
F6Words in reg. 5 Table 2 Item 3 substituted (6.4.2003) by The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2003 (S.I. 2003/732), regs. 1, 7(4)(d)(i)
F7Words in reg. 5 Table 2 Item 3 substituted (6.4.2003) by The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2003 (S.I. 2003/732), regs. 1, 7(4)(d)(ii)
F8Words in reg. 5 Table 2 Item 4 substituted (6.4.2003) by The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2003 (S.I. 2003/732), regs. 1, 7(4)(e)(i)
F9Words in reg. 5 Table 2 Item 4 substituted (6.4.2003) by The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2003 (S.I. 2003/732), regs. 1, 7(4)(e)(ii)
F10Words in reg. 5 Table 2 Item 9 substituted (6.4.2003) by The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2003 (S.I. 2003/732), regs. 1, 7(4)(f)
F11Reg. 5 Table 2 Items 10, 11 added (6.4.2003) by The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2003 (S.I. 2003/732), regs. 1, 7(4)(g)
F12Reg. 5(3) added (6.4.2003) by The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2003 (S.I. 2003/732), regs. 1, 7(5)
Marginal Citations
M1Paragraph (1A) was inserted by S.I. 1994/1906. The amount of the pension mentioned in that paragraph has been increased, most recently by S.I. 2002/792.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: