PTM072360 - Death benefits: types of pension: 诲别辫别苍诲补苍迟蝉鈥� drawdown pension: 诲别辫别苍诲补苍迟蝉鈥� capped drawdown pension from 6 April 2015

As of 6 April 2024 there is no longer lifetime allowance. If you are looking for information about protections, enhancement factors and the lifetime allowance charge please see these pages on . If you are looking for information about the principles of lifetime allowance and benefit crystallisation events please see these pages of .


Glossary

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Continuing in 诲别辫别苍诲补苍迟蝉鈥� capped drawdown
Conversion of a 诲别辫别苍诲补苍迟蝉鈥� capped drawdown pension fund into a 诲别辫别苍诲补苍迟蝉鈥� flexi-access drawdown fund
Children of the member reaching age 23
Taxation of continuing capped drawdown pension

Continuing in 诲别辫别苍诲补苍迟蝉鈥� capped drawdown

A dependant who was in dependant鈥檚 capped drawdown on 5 April 2015 may choose either to continue in dependant鈥檚 capped drawdown or to convert to dependant鈥檚 flexi-access drawdown. The dependant鈥檚 capped drawdown rules continue to apply automatically, unless there is a conversion.

For so long as the dependant opts to remain in dependant鈥檚 capped drawdown and there is no conversion event, the dependant鈥檚 drawdown pension fund rules continue to apply to the dependant鈥檚 drawdown pension fund. Briefly, this means that the existing dependant鈥檚 drawdown pension fund continues to be used to provide dependant鈥檚 capped drawdown pension. Any further funds designated after 6 April 2015 in the arrangement will be designated to the dependant鈥檚 existing dependant鈥檚 capped drawdown pension fund. The limit on the maximum amount of pension the dependant can draw each year will continue to apply as will all the other dependant鈥檚 capped drawdown pension rules. For details on the dependant鈥檚 capped drawdown pension rules (see PTM072320 onwards).

Conversion of a 诲别辫别苍诲补苍迟蝉鈥� capped drawdown pension fund into a 诲别辫别苍诲补苍迟蝉鈥� flexi-access drawdown fund

Paragraphs 22B to 22D Schedule 28 Finance Act 2004

If, on 5 April 2015, the dependant鈥檚 existing 诲别辫别苍诲补苍迟蝉鈥� drawdown pension fund was paying a 诲别辫别苍诲补苍迟蝉鈥� capped drawdown pension (see above for the position where the dependant instead qualified for 诲别辫别苍诲补苍迟蝉鈥� flexible drawdown) certain events occurring after that date will result in the 诲别辫别苍诲补苍迟蝉鈥� capped drawdown pension fund being converted into a 诲别辫别苍诲补苍迟蝉鈥� flexi-access drawdown fund. These events are:

  • the payment of excessive 诲别辫别苍诲补苍迟蝉鈥� drawdown pension
  • the scheme administrator agreeing to a request for conversion
  • certain transfers.

For further guidance on each of these events see PTM072450.

Children of the member reaching age 23

Paragraph 15 Schedule 28 Finance Act 2004

Paragraph 6 Schedule 5 Finance Act 2016

Where a child of the member

  • qualifies as a dependant because they are aged under 23 (rather than through mental or physical impairment)
  • first designated funds into a capped drawdown fund before 6 April 2015 and
  • reaches age 23 on or after 16 September 2016

they can continue to receive 诲别辫别苍诲补苍迟蝉鈥� income withdrawal or a short-term annuity from capped drawdown as authorised payments regardless of their age.

Taxation of continuing capped drawdown pension

Sections 579A and 579CZA(1) and (4) Income Tax (Earnings and Pensions) Act 2003

The 诲别辫别苍诲补苍迟蝉鈥� capped drawdown pension is taxable as pension income unless:

  1. it is paid on or after 6 April 2015, and
  2. it is in respect of a deceased member who had not reached age 75 at the date of their聽death, and
  3. no payments of income withdrawal or short-term annuity were made from the 诲别辫别苍诲补苍迟蝉鈥� capped drawdown fund (or any fund represented by the capped drawdown fund) before 6 April 2015.

Where taxable, the 诲别辫别苍诲补苍迟蝉鈥� capped drawdown payments are taxed at the dependant鈥檚 marginal rate as pension income in the tax year in which they are paid. The scheme administrator is required to deduct income tax from the payments, under the PAYE regulations.