Section 574 | “Pension”: interpretation

(1)For the purposes of this Chapter “pension” includes—^F1

(a)an annuity under, or purchased with sums or assets held for the purposes of, or representing acquired rights under, a relevant non-UK scheme or an overseas pension scheme,^F1

(aa)a relevant lump sum (see section 574A),^F1F2

(b)an amount paid under a relevant non-UK scheme or an overseas pension scheme which, if the scheme were a registered pension scheme, would be income withdrawal ... (within the meaning of paragraph 7 of Schedule 28 to FA 2004),^F1F3

(ba)an amount paid under a relevant non-UK scheme or an overseas pension scheme which, if the scheme were a registered pension scheme, would be dependants' income withdrawal or nominees' income withdrawal (within the meaning of paragraphs 21 and 27D of Schedule 28 to FA 2004),^F1F4

(bb)an amount paid under a relevant non-UK scheme or an overseas pension scheme which, if the scheme were a registered pension scheme, would be successors' income withdrawal (within the meaning of paragraph 27J of Schedule 28 to FA 2004), and^F1F4

(c)if conditions A and B are met, a pension which is paid voluntarily or is capable of being discontinued.^F1

(2)Condition A is that the pension is paid to—

(a)a former employee or a former office-holder,

(b)the widow or widower or surviving civil partner of a former employee or a former office-holder, or^F5

(c)any child, relative or dependant of a former employee or a former office-holder.

(3)Condition B is that the pension is paid by or on behalf of—

(a)the person—

(i)who employed the former employee, or

(ii)under whom the former office-holder held the office, or

(b)the successors of that person.

(4)In this section—^F6

“office” includes in particular any position which has an existence independent of the person who holds it and may be filled by successive holders;

“overseas pension scheme” has the same meaning as in Part 4 of FA 2004 (see section 150(7) of that Act);

“relevant non-UK scheme” is to be read in accordance with paragraph 1(5) of Schedule 34 to FA 2004.