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The Tax Credits (Definition and Calculation of Income) Regulations 2002
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Pension Income
5.—(1) In these Regulations “pension income” means—
(a)any annuity, pension or stipend payable by the Crown or out of the public revenue of the United Kingdom or of Northern Ireland other than annuities charged under paragraph (c) of Case III of Schedule D;
(b)any pension paid otherwise than by or on behalf of a person outside the United Kingdom;
(c)any payment or pension which is assessed and charged under Schedule E by virtue of section 133 of the Taxes Act (voluntary pensions);
(d)any annuity or pension from a retirement benefits scheme which is taxable under Schedule E by virtue of section 597(1) or (3) of the Taxes Act(1) (charge to tax on retirement benefits schemes);
(e)any payment to which section 600 of the Taxes Act (unauthorised payments to or for employees) applies;
(f)any periodical payment granted out of the House of Commons Members' Fund and charged to income tax under Schedule E by virtue of section 613(3) of the Taxes Act(2) (parliamentary pension funds);
(g)any annuity paid from a fund to which section 608 of the Taxes Act (superannuation funds approved before 6th April 1980) applies;
(h)any payment to which section 647 of the Taxes Act (unauthorised payments from funds held for the purposes of an approved pension scheme) applies; and
(i)any annuity to which section 648A of the Taxes Act (annuities from funds held for approved retirement benefits schemes)(3) applies.
(2) In calculating the amount of a person’s pension income there shall be disregarded any payment mentioned in Column 1 of Table 2 to the extent specified in the corresponding entry in Column 2.
Table 2
Pensions and other payments disregarded in the calculation of pension income
| 1. Payment | 2. Extent of disregard |
|---|---|
1. A wounds pension or disability pension to which section 315 of the Taxes Act applies. | So much of the payment as is disregarded by virtue of section 315(1) of the Taxes Act(4). |
2. An annuity or additional pension payable to a holder of the Victoria Cross, George Cross or any other decoration mentioned in section 317 of the Taxes Act. | 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 section 318 of the Taxes Act(5) applies. | The amount that is not to be treated as income for the purposes of the Income Tax Acts by virtue of section 318(2). |
4. A pension or allowance by reason of payment of which a pension or allowance specified in section 318(2) is withheld or abated. | The amount treated as falling within section 318 by virtue of subsection (3) of that section. |
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(6). | 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(7). | 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. | The amount by which the pension exceeds what would have been payable if the retirement had been on grounds of ill-health caused other than by an injury or illness of the kind mentioned in column 1. |
(1)
Subsection (3) was added to section 97 by section 110 of the Finance Act 1994.
(2)
There is an amendment to section 613 which is not relevant for present purposes.
(3)
Section 648A was inserted by section 109 of the Finance Act 1994.
(4)
Section 315(5) provides that where the amount of retired pay or pension is not solely attributable to disablement or disability only so much of it as is certified by the Secretary of State to be so attributable qualifies for relief under section 315(1).
(5)
Section 318 was amended by S.I. 1988/1843.
(6)
Paragraph (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.
(7)
S.I. 1983/686.
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