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Legislation
Income Tax (Earnings and Pensions) Act 2003

Chapter 17 Exemptions: any taxpayer

  • Section 638 Awards for bravery
  • Section 639 Pensions in respect of death due to military or war service
  • Section 640 Exemption under section 639 where income withheld
  • Section 640A Lump sums provided under armed forces early departure scheme
  • Section 641 Wounds and disability pensions
  • Section 642 Compensation for National-Socialist persecution
  • Section 642A Netherlands Benefit Act for Victims of Persecution 1940-1945
  • Section 643 Malawi, Trinidad and Tobago and Zambia government pensions
  • Section 644 Pensions payable where employment ceased due to disablement
  • Section 644A Health and employment insurance payments
  • Section 645 Social security pensions: increases in respect of children
  • Section 646 Former miners etc: coal and allowances in lieu of coal
  • Section 646A Foreign pensions of consular employees
  • Section 646B Registered schemes: beneficiaries' annuities from unused funds
  • Section 646C Registered schemes: beneficiaries' annuities from drawdown funds
  • Section 646D Non-registered schemes: beneficiaries' annuities from unused funds
  • Section 646E Non-registered schemes: beneficiaries' annuities from drawdown funds
  • Section 646F Interpretation of sections 646B to 646E
  1. Chapter 17 · Exemptions: any taxpayer
  2. Pensions in respect of death due to military or war service

Section 639 | Pensions in respect of death due to military or war service

From legislation.gov.uk

(1)No liability to income tax arises on these pensions and allowances—F1

(a)a pension or allowance payable by or on behalf of the Ministry of Defence under so much of instrument specified in subsection (2), as relates to death due to—F2F3

(i)service in the armed forces of the Crown,

(ii)wartime service in the merchant navy, or

(iii)war injuries;

(b)a pension or allowance—

(i)payable by the Ministry of Defence in respect of death due to peacetime service in the armed forces of the Crown before 3rd September 1939, and

(ii)payable at rates, and subject to conditions, similar to those of a pension within paragraph (a);

(c)a pension or allowance—

(i)payable under the law of a country other than the United Kingdom, and

(ii)of a character substantially similar to a pension within paragraph (a) or (b).

(2)The instruments referred to in subsection (1)(a) are—F4

Defence (Local Defence Volunteers) Regulations 1940 (S.R. & O. 1940/748),

War Pensions (Coastguards) Scheme 1944 (S.R. & O. 1944/500),

War Pensions (Naval Auxiliary Personnel) Scheme 1964 (S.I. 1964/1985),

Pensions (Polish Forces) Scheme 1964 (S.I. 1964/2007),

War Pensions (Mercantile Marine) Scheme 1964 (S.I. 1964/2058),

Order by Her Majesty concerning pensions and other grants in respect of disablement or death due to service in the Home Guard (1964 Cmnd. 2563),

Order by Her Majesty concerning pensions and other grants in respect of disablement or death due to service in the Home Guard after 27th April 1952 (1964 Cmnd. 2564),

Order by Her Majesty concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment (1971 Cmnd. 4567),

Personal Injuries (Civilians) Scheme 1983 (S.I. 1983/686),

Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (S.I. 1983/883).

(3)The Treasury may by order amend subsection (2).F4

Notes

  1. F1

    S. 639 renumbered as s. 639(1) (retrospectively) by Finance Act 2005 (c. 7), s. 19(3)(8)

  2. F2

    Words in s. 639(a) substituted (retrospectively) by Finance Act 2005 (c. 7), s. 19(3)(a)(8)

  3. F3

    Words in s. 639(a) substituted (retrospectively) by Finance Act 2005 (c. 7), s. 19(3)(b)(8)

  4. F4

    S. 639(2)(3) inserted (retrospectively) by Finance Act 2005 (c. 7), s. 19(3)(8)

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