Regulation 6 Pension attachment: change of circumstances

(1)

This regulation applies where—

(a)

an order under Part 1 of Schedule 5 or under paragraph 9 of Schedule 7 has been made by virtue of Part 6 of Schedule 5 imposing any requirement on the person responsible for a pension arrangement; and

(b)

any of the events set out in paragraph (2) has occurred.

(2)

Those events are—

(a)

any of the particulars supplied by the other civil partner under ~~F1rule 2.70rule 9.33 or 9.34~~ for any purpose mentioned in regulation 4(3)(c) has ceased to be accurate; or

(b)

by reason of the formation of a subsequent civil partnership or marriage by the other civil partner or otherwise, the order has ceased to have effect.

(3)

Where this regulation applies, the other civil partner must, within 14 days of the event, give notice of it to the person responsible for the pension arrangement.

(4)

Where, because of the inaccuracy of the particulars supplied by the other civil partner under ~~F2rule 2.70rule 9.33 or 9.34~~ or because the other civil partner has failed to give notice of their having ceased to be accurate, it is not reasonably practicable for the person responsible for the pension arrangement to make a payment to the other civil partner as required by the order—

(a)

it may instead make that payment to the civil partner with pension rights, and

(b)

it shall then be discharged of liability to the other civil partner to the extent of that payment.

(5)

Where an event set out in paragraph 2(b) has occurred and, because the other civil partner has failed to give notice in accordance with paragraph (3), the person responsible for the pension arrangement makes a payment to the other civil partner as required by the order—

(a)

its liability to the civil partner with pension rights shall be discharged to the extent of that payment, and

(b)

the other civil partner must, within 14 days of the payment being made, make a payment to the civil partner with pension rights to the extent of that payment.

Annotations

Textual amendments

F1: Words in reg. 6(2)(a) substituted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 32 (with art. 39)
F2: Words in reg. 6(4) substituted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 32 (with art. 39)