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Finance Act 2004

Finance Act 2004 Sch 28 para 22

Sch 28 para 22

(1) For the purposes of this Part a dependant's drawdown pension fund in respect of an arrangement consists of such of the sums and assets held for the purposes of the arrangement— (a) as are dependant-designated funds, and (b) have not been applied towards the provision of a dependants' scheme pension. (2) For the purposes of this Part sums or assets held for the purposes of an arrangement are dependant-designated funds if ...— (a) they have, at any time before 6 April 2015, been designated under the arrangement as available for the payment of dependants' drawdown pension ..., (aa) they have, at any time on or after 6 April 2015, been designated under the arrangement as available for the payment of dependants' drawdown pension ..., and— (i) sums or assets held for the purposes of the arrangement have, at any time before 6 April 2015, been designated under the arrangement as so available, and (ii) section 167(2A) did not apply to the arrangement immediately before 6 April 2015, or (b) they arise, or (directly or indirectly) derive, from dependant-designated funds under paragraph (a) or (aa) or from sums or assets which so arise or derive. (3) If any sums or assets representing a person's dependant's drawdown pension fund in respect of an arrangement under the pension scheme would (apart from this sub-paragraph)— (a) come to be taken to represent another dependant's drawdown pension fund of his under the pension scheme, or a drawdown pension fund of his under the pension scheme, or (b) are applied towards the provision of a scheme pension or a lifetime annuity, they are to be treated as not doing so.

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