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Finance Act 2004

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18(1)A lump sum death benefit is a charity lump sum death benefit if—U.K.

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)there are no dependants of the member,

(c)it is paid [F2in respect of the member's drawdown pension fund] in respect of an arrangement[F3, or in respect of the member's flexi-access drawdown fund in respect of an arrangement,] at the date of the member’s death, and

(d)it is paid to a charity nominated by the member F4...

[F5(1A)A lump sum death benefit is also a charity lump sum death benefit if—

(a)the member had reached the age of 75 at the date of the member's death,

(b)there are no dependants of the member,

(c)it is paid in respect of relevant uncrystallised funds in respect of a money purchase arrangement at the date of the member's death, and

(d)it is paid to a charity nominated by the member.

(1B)“Relevant uncrystallised funds” has the meaning given by paragraph 15(2).]

(2)A lump sum death benefit is also a charity lump sum death benefit if—

(a)it is paid on the death of a dependant of the member,

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)there are no other dependants of the member,

(d)it is paid in respect of [F7the dependant's drawdown pension fund][F8, or the dependant's flexi-access drawdown fund,] at the date of the dependant’s death in respect of an arrangement relating to the member, and

(e)it is paid to a charity nominated by the member [F9or, if the member made no nomination, by the dependant F10... .]

[F11(2A)A lump sum death benefit is also a charity lump sum death benefit if—

(a)it is paid on the death of an individual who is—

(i)a nominee of the member, or

(ii)a successor of the member,

(b)there are no dependants of the member,

(c)it is paid in respect of the individual's nominee's flexi-access drawdown fund or successor's flexi-access drawdown fund at the date of the individual's death in respect of an arrangement relating to the individual in the capacity of a nominee or successor of the member, and

(d)it is paid to a charity nominated by the member or, if the member made no nomination, by the individual.]

(3)But if the amount of a lump sum falling within sub-paragraph (1)[F12, (2) or (2A)] exceeds the permitted maximum, the amount of the excess is not a charity lump sum death benefit.

(4)The permitted maximum is the aggregate of—

(a)the amount of the sums, and

(b)the market value of the assets,

[F13representing what is the member's or dependant's drawdown pension fund][F14, or flexi-access drawdown fund,] in respect of the arrangement[F15, or the nominee's or successor's flexi-access drawdown fund in respect of the arrangement,] immediately before the payment is made.

Textual Amendments

F1Sch. 29 para. 18(1)(a) omitted (with effect in accordance with Sch. 16 paras. 85, 103 of the amending Act) by virtue of Finance Act 2011 (c. 11), Sch. 16 para. 38(2)(a)

F2Words in Sch. 29 para. 18(1)(c) substituted (with effect in accordance with Sch. 16 paras. 85, 103 of the amending Act) by Finance Act 2011 (c. 11), Sch. 16 para. 38(2)(b)

F3Words in Sch. 29 para. 18(1)(c) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 1 para. 25(a)

F4Words in Sch. 29 para. 18(1)(d) omitted (with effect in accordance with Sch. 16 paras. 85, 103 of the amending Act) by virtue of Finance Act 2011 (c. 11), Sch. 16 para. 38(2)(c)

F5Sch. 29 para. 18(1A)(1B) inserted (with effect in accordance with Sch. 16 paras. 85, 103 of the amending Act) by Finance Act 2011 (c. 11), Sch. 16 para. 38(3)

F6Sch. 29 para. 18(2)(b) omitted (with effect in accordance with Sch. 16 paras. 85, 103 of the amending Act) by virtue of Finance Act 2011 (c. 11), Sch. 16 para. 38(4)(a)

F7Words in Sch. 29 para. 18(2)(d) substituted (with effect in accordance with Sch. 16 paras. 85, 103 of the amending Act) by Finance Act 2011 (c. 11), Sch. 16 para. 38(4)(b)

F8Words in Sch. 29 para. 18(2)(d) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 1 para. 25(b)

F9Words in Sch. 29 para. 18(2)(e) substituted (19.7.2007 (with effect in accordance with Sch. 19 para. 29(6) of the amending Act) by Finance Act 2007 (c. 11), Sch. 19 para. 16(5)

F10Words in Sch. 29 para. 18(2)(e) omitted (with effect in accordance with Sch. 16 paras. 85, 103 of the amending Act) by virtue of Finance Act 2011 (c. 11), Sch. 16 para. 38(4)(c)

F11Sch. 29 para. 18(2A) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 2 para. 15(2)

F12Words in Sch. 29 para. 18(3) substituted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 2 para. 15(3)

F13Words in Sch. 29 para. 18(4) substituted (with effect in accordance with Sch. 16 paras. 85, 103 of the amending Act) by Finance Act 2011 (c. 11), Sch. 16 para. 38(5)

F14Words in Sch. 29 para. 18(4) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 1 para. 25(c)

F15Words in Sch. 29 para. 18(4) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 2 para. 15(4)

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