Paragraph 16 I1

England and Wales

(1)

Subject to sub-paragraphs (2) and (3), where the adult—

(a)

is not residing with their spouse or civil partner; and

(b)

at least 50% of any occupational pension of the adult, or of any income from a personal pension scheme of the adult, is being paid to, or in respect of, their spouse for that spouse’s maintenance or their civil partner for that civil partner’s maintenance,

an amount equal to 50% of the pension, pensions or income concerned.

(2)

Where the adult is entitled to pensions or income referred to in sub-paragraph (1) from more than one source, all pensions and income to which the adult is entitled are to be aggregated for the purposes of that sub-paragraph.

(3)

This paragraph does not have effect in respect of that part of any pension or income referred to in sub-paragraph (1) to which the adult’s spouse or civil partner is legally entitled, whether or not under a court order.

Annotations

Commencement

I1: Sch. 1 para. 16 in force at 1.4.2015 in accordance with reg. 1