Regulation F8 Implementation period for discharge of pension credit

(1)

The Scottish Ministers shall discharge their liability in respect of a pension credit within the implementation period, which for a pension credit is the period of 4 months beginning with the later of–

(a)

the day on which the relevant pension sharing order takes effect; and

(b)

the first day on which the Scottish Ministers in relation to the relevant pension sharing order are in receipt of–

(i)

the relevant matrimonial documents; and

(ii)

such information relating to the transferor and transferee as the Secretary of State may prescribe by regulations made under section 34(1)(b)(ii) of the 1999 Act^f1.

(2)

The reference in paragraph (1)(b)(i) to the relevant matrimonial documents is to copies of–

(a)

the relevant pension sharing order; and

(b)

the order, decree or declarator responsible for the divorce or annulment to which it relates,

and, if the pension credit depends on provision falling within subsection (1)(f) of section 28 of the 1999 Act, to documentary evidence that the agreement containing the provision is one to which subsection (3)(a) of that section applies.

(3)

Paragraph (1) is subject to any provision made by regulations under section 41(2)(a) of the 1999 Act.

(4)

The provisions of this regulation are subject to any provisions or requirements which the Secretary of State may make by regulations under section 34(4)(a) and (c) of the 1999 Act which–

(a)

make provision requiring a person subject to liability in respect of a pension credit to notify the transferor and transferee of the day on which the implementation period for the credit begins;

(b)

provide for that section to have effect with modifications where the pension credit depends on a pension sharing order and the order is the subject of an application for leave to appeal out of time.

Annotations

Footnotes

f1: 1999 c. 30.