Adrian Walker explores the wider issues that need consideration for clients currently in, or considering using, income withdrawal.
The changes announced by the Coalition Government to the capped income withdrawal rules will impact the maximum income available for all clients who were in income withdrawal before 6 April 2011.
These clients will be subject to the new maximum income withdrawal rules at the end of their current five-year reference period, or potentially earlier if they transfer their existing fund to a new registered pension scheme. Where a transfer takes place, the new annual income limit will come into effect from the beginning of the next scheme income year following completion of the transfer.
Many people, but not all, will see their maximum income reduce at the next review, as the income factor that decides their new maximum annual income will exclude the previous 20% uplift applied from April 2006. Those affected will need to readjust their future retirement planning based on the revised maximum annual income they will have available.
Many individuals will not have enough pension capital to create the minimum income requirement needed to access flexible income introduced by the Coalition Government from 6 April 2011. They will, therefore, need to have options available in their capped income arrangement that will enable them, in the right circumstances, to increase their maximum income within an existing reference period.
There are several issues that either individually, or combined, could increase a client’s maximum annual income within a reference period. They are:
It is important that an income withdrawal arrangement includes two features that will create the opportunity to increase the maximum annual income available within a reference period. They are:
1. Additional designation
Additional designation allows a post A-Day income withdrawal fund to add uncrystallised funds to an existing income withdrawal fund for further benefit crystallisation. At crystallisation the maximum income is recalculated on the total income withdrawal fund at that time. The new maximum will apply for the rest of the existing reference period.
Where clients are still within the current five-year reference period, additional designation will rebase income using 120% of the new income factor applicable, for the rest of the current reference period. This will lessen the impact of the new rules on a client’s maximum income until the end of the five-year reference period.
2. Member requested annual reviews
These enable the scheme to recalculate the maximum annual income for a client, from the start of the next scheme income year. It uses the capital value of the fund, the gilt yield and income factor applicable to the client’s age at the time of the review.
The client can accept the new income entitlement which will then apply for a new three-year reference period. Where the client is approaching age 75 it will lock in the new maximum income until the beginning of the scheme income year following the client’s 75th birthday if that is less than three years away.
The above list highlights the standard features now available within the Collective Retirement Account for clients where provision of capped income either currently applies or may be considered for the future. These features are important for any capped income withdrawal arrangement to offer as they allow clients the flexibility to improve the maximum annual income they have available when circumstances create the ability to do so.
This article is based on Skandia’s interpretation of the law and HM Revenue & Customs practice as at June 2011. We believe this interpretation to be correct, but cannot guarantee it. Tax relief and the tax treatment of investment funds may change.
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