RPSM03105010 - Technical Pages: Protecting pension rights from tax charges: Lump sums: Introduction

Introduction

For most members of registered pension schemes the lump sum rules after 5 April 2006 are at least as favourable as the rules that applied before that date.

However, there are some individuals whose lump sum rights exceeded £375,000 (25% of the standard lifetime allowance in 2006/07) on 5 April 2006. There are also be individuals whose lump sum rights exceed 25% of pension rights when the new system came in. For all of these individuals, Schedule 36 of the Finance Act 2004 gives a degree of protection for their lump sum rights as they stood on 5 April 2006.

The way that the legislation protects lump sum rights exceeding £375,000 where primary or enhanced protection has been claimed is different from the way lump sum rights exceeding 25% of pension rights are protected. The chart on RPSM03105020 shows what type of lump sum protection an individual will be entitled to.

The different ways in which the legislation gives protection to the lump sum rights are dealt with in the following pages of this part of the guidance.

RPSM03105135 to RPSM03105182 details how protection of lump sum rights of more than £375,000 with primary protection works.

RPSM03105185 to RPSM03105230 details how protection of lump sum rights of more than £375,000 with enhanced protection works

RPSM03105500 to RPSM03105642 details how protection of uncrystallised lump sum rights of more than 25% works. This protection will not operate where an individual has total lump sum rights of more than £375,000 and they have claimed either enhanced or primary protection (or both).



Glossary ( RPSM20000000)