The Pension (Non-Taxable Payments Following Death) (Real Time Information) Regulations 2021

Relevant payments

3.—(1) In these Regulations, any reference to a relevant payment means a payment of—

(a) pension that is payable after the death of a member of a pension scheme under pension rule 2 within the meaning of section 165(1) of the Finance Act 2004(1),

(b) pension death benefit within the meaning of section 167(2) of that Act(2), or

(c) lump sum death benefit within the meaning of section 168(2) of that Act(3) other than—

(i) defined benefits lump sum death benefit within the meaning of paragraph 13 of Schedule 29 to that Act(4), or

(ii) uncrystallised funds lump sum death benefit within the meaning of paragraph 15 of Schedule 29 to that Act(5),

that is not PAYE pension income within the meaning of section 683(3) of the Income Tax (Earnings and Pensions) Act 2003(6).

(2) In this regulation, “member” has the meaning given in section 151 of the Finance Act 2004.

(1)

Section 165(1) was amended by paragraph 2(2)(a) and (b) of Schedule 19 to the Finance Act 2007 and paragraph 41 of Schedule 1 to the Taxation of Pensions Act 2014 (c. 30). There are other amendments to section 165(1) that are not relevant to this instrument.

(2)

Section 167(2) was amended by paragraph 22(1) of Schedule 20 to the Finance Act 2007 and paragraph 2(5) of Schedule 2 to the Taxation of Pensions Act 2014.

(3)

Section 168(2) was amended by section 22(9) of the Finance (No. 2) Act 2015 (c. 33).

(4)

Paragraph 13 was amended by paragraph 33(2) and (3)(a) and (b) of Schedule 16 to the Finance Act 2011 (c. 11) and section 21(8) of the Finance (No. 2) Act 2015.

(5)

Paragraph 15 was amended by paragraphs 35(2)(a) and (b) and 79(4) of Schedule 16 to the Finance Act 2011, paragraph 19(1) of Schedule 2 to the Taxation of Pensions Act 2014, paragraph 15 of Schedule 4 to the Finance Act 2015 (c. 11) and paragraph 10(1) of Schedule 5 to the Finance Act 2016 (c. 24).

(6)

2003 c. 1. Section 683(3) was amended by paragraph 14(2) and (3) of Schedule 31 to the Finance Act 2004, paragraph 60 of Schedule 10 to the Finance Act 2005 (c. 7), paragraph 60(2) of Schedule 16 to the Finance Act 2011 and section 22(8)(a) of the Finance (No. 2) Act 2015.