PART 2Modifications of Part 4 of the Finance Act 2004

CHAPTER 3Benefits

Scheme pension already paid: status of overpaid amount unaffectedI128

1

Paragraph (2) applies where—

a

an individual has at any time become entitled to a scheme pension, and

b

at a later time, as a result of a relevant rectification provision, one or more payments of scheme pension made to the individual before the later time include amounts (“overpaid pension amounts”) to which the individual was not entitled.

2

The payments of overpaid pension amounts—

a

are to be treated as falling, and are to be treated as always having fallen, within section 164(1) of FA 2004 (authorised member payments);

b

are to be treated as, and are to be treated as always having been, pension paid under a registered pension scheme for the purposes of Part 9 of ITEPA 2003;

c

are to be treated for those purposes as, and are to be treated as always having been, pension accruing in the tax year in which they are paid.