Section 159A No forfeiture on bankruptcy of rights under personal pension schemes.F1

(1)

A person’s rights under a personal pension scheme cannot be forfeited by reference to his bankruptcy.

(2)

For the purposes of this section—

(a)

a person shall be treated as having a right under a personal pension scheme where—

(i)

he is entitled to a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 (sharing of rights on divorce etc. F2or on dissolution etc. of a civil partnership),

(ii)

he is so entitled as against the person responsible for the scheme (within the meaning of Chapter I of Part IV of that Act), and

(iii)

the person so responsible has not discharged his liability in respect of the credit; and

(b)

forfeiture shall be taken to include any manner of deprivation or suspension.

Annotations

Textual amendments

F1: S. 159A inserted (11.11.1999 for specified purposes, 6.4.2002 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 14(1), 89(5)(a); S.I. 2002/153, art. 2(d)
F2: Words in s. 159A(2)(a)(i) inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 17