{
  "url": "https://openlegislation.uk/pension-sharing-pension-credit-benefit-regulations-northern-ireland-2000/regulation-15",
  "json_url": "https://openlegislation.uk/pension-sharing-pension-credit-benefit-regulations-northern-ireland-2000/regulation-15.json",
  "legislation": "nisr/2000/146",
  "legislation_title": "The Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000",
  "legislation_url": "https://openlegislation.uk/pension-sharing-pension-credit-benefit-regulations-northern-ireland-2000",
  "path": "regulation/15",
  "kind": "regulation",
  "number": "15",
  "heading": "Further conditions on which liability may be discharged",
  "text": "(1) Section 97E(1)(b) (transactions with the consent of the person entitled to the benefit which discharge liability where pension credit or alternative benefits secured by insurance policies or annuity contracts) shall not apply in the circumstances described in paragraph (2), (3), (4) or (5).\n(2) The circumstances described in this paragraph are that—\n(a) the person entitled to the benefit is dead and the benefit is payable to a person other than his widow or widower, and\n(b) the arrangement for securing the pension credit benefit or its alternative was made at the request of the person entitled to it.\n(3) The circumstances described in this paragraph are that the benefit is provided as an alternative to pension credit benefit by virtue of regulation 8(4) (bought out benefits without consent).\n(4) The circumstances described in this paragraph are that—\n(a) the scheme is being wound up;\n(b) Articles 73 and 74 (preferential liabilities on winding up, and discharge of liabilities by insurance, etc.) and the Winding Up Regulations do not apply;\n(c) the person entitled to the benefit is able to assign or surrender the insurance policy or the annuity contract, and\n(d) the condition set out in section 97E(1)(a) is satisfied.\n(5) The circumstances described in this paragraph are that—\n(a) the trustees or managers of the scheme consider that, in the circumstances, it is reasonable for the scheme to provide the alternative without the consent of the person entitled to the benefit;\n(b) the trustees or managers of the scheme give the person entitled to the benefit at least 30 days' written notice of their intention to take out the insurance policy or enter into the annuity contract, unless the person entitled to the benefit exercises a right to give a transfer notice under section 97F (power to give transfer notice) (the first mentioned notice being sent to that person at his last known address or delivered to that person personally), and\n(c) when the trustees or managers of the scheme agree with the insurance company to take out the insurance policy or enter into the annuity contract, there is no outstanding transfer notice given by the person entitled to the benefit under section 97F.\n(6) The payment made to the insurance company in the circumstances described in paragraph (5) must be at least an amount equal to the value of the pension credit benefit which has accrued to the person entitled to the benefit at the date the payment is made.",
  "extent": "N.I.",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 15 in operation at 1.12.2000, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Article 73 was modified by regulation 3 of S.R. 1996 No. 621 (as amended by regulation 9 of S.R. 1999 No. 486) and amended by Article 35(1) of, and paragraph 44 of Schedule 9 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999. Article 74 is amended by paragraph 45 of Schedule 9 to that Order. See also Article 11 of S.R. 1997 No. 192 (C. 10)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "coming into force",
      "affecting": "nisr/2000/146",
      "affecting_title": "The Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2005/536",
      "affecting_title": "The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005"
    },
    {
      "type": "substituted",
      "affecting": "nisr/2005/171",
      "affecting_title": "The Occupational Pension Schemes (Winding up, etc. ) Regulations (Northern Ireland) 2005"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2014/79",
      "affecting_title": "The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2000/146/regulation/15",
    "retrieved_at": "2026-10-29T02:15:46.471802+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}