Article 2 Transitional provision in connection with the coming into operation of amendments to pension sharing on divorce etc.

(1)

This Order applies in a case where Article 46A of the Welfare Reform and Pensions (Northern Ireland) Order 1999^f1 (creation of debits and credits: transferor in new state pension system and sharing activated on or after 6 April 2016) would otherwise apply and either—

(a)

the petition for divorce or nullity of a marriage was issued before 6th April 2016;

(b)

the application for dissolution or annulment of a civil partnership was issued before 6th April 2016; or

(c)

in the case of the application for financial relief after overseas divorce or nullity of a marriage or overseas dissolution or annulment of a civil partnership, the application for permission of the court for financial relief was issued before 6th April 2016.

(2)

In a case where this Order applies—

(a)

Article 46 of the Welfare Reform and Pensions (Northern Ireland) Order 1999^f2 (creation of state scheme pension debits and credits: transferor in old state pension system or pension sharing activated before 6 April 2016) applies;

(b)

Article 46A of that Order does not apply; and

(c)

the relevant order is to be treated as taking effect on 5th April 2016.

Annotations

Footnotes

f1: S.I. 1999/3147 (N.I. 11); Article 46A is inserted by paragraph 12 of Schedule 11 to the Pensions Act (Northern Ireland) 2015
f2: Article 46 was amended by section 37(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)) and is amended by paragraph 11 of Schedule 11 to the Pensions Act (Northern Ireland) 2015