RPSM03307010 – Scheme Administrator Pages: Protecting pension rights from tax charges: Benefit payments – other forms of protection: Protection for death benefits

Protection from the lifetime allowance charge for death benefits

Members do not have separate protection, whether primary or enhanced, for death benefits. However where an individual who has current protection for their pension and/or lump sum benefits dies there might be protection or a degree of protection from the lifetime allowance on any lump sum death benefits paid.

The only death benefits that are benefit crystallisation events (and so could be liable to the lifetime allowance charge) are a defined benefits lump sum death benefit and an uncrystallised funds lump sum death benefit. All other death benefits are not liable to the lifetime allowance charge as their provision is not a benefit crystallisation event.

RPSM03109000 gives details of how and to what extent death benefits may be protected from the lifetime allowance charge where a member has primary or enhanced protection.

Where a member’s primary or enhanced protection does not fully protect the payment of a lump sum death benefit from the lifetime allowance charge the recipient on the benefit will be liable to the lifetime allowance charge. However in certain circumstances the recipient of the lump sum death benefit may be able to notify HMRC of their right to an increased level of primary or enhanced protection. RPSM03109000 and following pages explain how this process works.

Glossary ( RPSM20000000)