Enhanced protection

Produced in partnership with Wyn Derbyshire of gunnercooke LLP
Practice notes

Enhanced protection

Produced in partnership with Wyn Derbyshire of gunnercooke LLP

Practice notes
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THIS PRACTICE NOTE RELATES TO REGISTERED PENSION SCHEMES

Enhanced protection was one of the first two forms of protection made available for pension savers on A-day (6 April 2006) when the registered pension scheme regime and the concept of the Lifetime allowance were first introduced by the Finance Act 2004 (FA 2004). The other form of protection introduced on A-day was primary protection. Unlike primary protection, individuals could claim enhanced protection regardless of the value of their pension rights at 5 April 2006.

The original aim of enhanced protection was to offer transitional protection to individuals who, before A-day, had already built up pension savings that might otherwise have been adversely affected by the introduction of the lifetime allowance (which on A-day was set at £1.5m). While the lifetime allowance was abolished with effect from 6 April 2024, enhanced protection continues to provide some transitional protection in terms of an individual’s entitlement to (i) the lump sum allowance, (ii) the lump sum and death benefit allowance, and (iii) a tax-free lump sum. For further information, see

Wyn Derbyshire
Wyn Derbyshire

Partner, gunnercooke LLP


Wyn is a partner at gunnercooke LLP and specialises in pensions, trust and employment law in all industry sectors, dealing with the transactional, advisory and documentation aspects.

He also has wide experience of the pensions implications of heavyweight corporate transactions and flotations, the issues arising from the establishment and merger of pension schemes, and sex equalisation and other discrimination issues in respect of benefits provided by pension schemes. In addition, he provides advice to pension scheme trustees generally.

Recent transactions include advising Amcor on pension matters relating to the acquisition of Alcan business and the acquisition of Northern Foods PLC by Boparan Holdings.

He is a co-author (with Stephen Hardy and Stephen Maffey) of TUPE: Law and Practice, published by Spiramus Press (now in its 4th edition), and co-author (with Stephen Hardy and David Wicks) of Money & Work, published by Spiramus Press in August 2007. He has also written several other books and numerous articles on a variety of legal and non-legal topics.

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Jurisdiction(s):
United Kingdom
Key definition:
Enhanced protection definition
What does Enhanced protection mean?

If a member had exceeded or were likely to exceed their pension rights at 5 April 2006, they could safeguard them against a future tax charge.

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