The Pensions on Divorce etc. (Charging) Regulations (Northern Ireland) 2000

Charges in respect of pension sharing activity—method of recovery

9.—(1) Subject to paragraphs (7) and (8), a person responsible for a pension arrangement may recover the charges specified in regulations 3, 5 and 6 by using any of the methods described in paragraph (2).

(2) The methods of recovery described in this paragraph are—

(a) subject to regulation 7, requiring the charges referred to in paragraph (1) to be paid before the implementation period for the pension sharing order or provision is commenced;

(b) deduction from a pension credit;

(c) deduction from the accrued rights of the member;

(d) where a pension sharing order or provision is made in respect of a pension which is in payment, deduction from the member’s pension benefits;

(e) where liability in respect of a pension credit is discharged by the person responsible for the pension arrangement in accordance with paragraph 1(2), 2(2), or 3(2) of Schedule 5 (mode of discharge of liability for pension credits), deduction from payments of pension credit benefit, or

(f) deduction from the amount of a transfer value which is calculated in accordance with—

(i) regulation 7 of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996(1) (manner of calculation and verification of cash equivalents), or

(ii) regulation 3 of the Personal Pension Schemes (Transfer Values) Regulations 1987(2) (manner of calculation and verification of cash equivalents).

(3) A person responsible for a pension arrangement shall not recover charges referred to in paragraph (1) by using any of the methods described in paragraph (2)(b), (c), (d), (e) or (f) unless—

(a) a pension sharing order or provision has been made;

(b) the implementation period has commenced;

(c) where a pension sharing order has been made, the person responsible for a pension arrangement is not aware of an appeal against the order having begun on or after the day on which the order takes effect;

(d) there are charges which are unpaid and for which the party, to whom paragraph (2)(b), (c), (d), (e) or (f) applies, is liable;

(e) the person responsible for a pension arrangement has issued a notice of implementation in accordance with regulation 7 of the Provision of Information Regulations;

(f) the person responsible for a pension arrangement specifies in the notice of implementation that recovery of the charges may be made by using any of those methods, and

(g) 21 days have elapsed since the notice of implementation was issued to the parties to pension sharing in accordance with the requirements of regulation 7 of the Provision of Information Regulations.

(4) If a pension sharing order or provision includes provision about the apportionment between the parties to pension sharing of any charge under Article 38 or under corresponding Great Britain legislation, by virtue of Article 26C of the Matrimonial Causes Order(3), (pension sharing orders: apportionment of charges) the recovery of charges using any of the methods described in paragraph (2) by the person responsible for the pension arrangement shall comply with the terms of the order or provision.

(5) A person responsible for a pension arrangement shall not recover charges referred to in paragraph (1) by using any of the methods described in paragraph (2), from a party to pension sharing, if that party has paid in full the proportion of the charges for which he is liable.

(6) A person responsible for a pension arrangement may recover charges by using any of the methods described in paragraph (2)(b), (c) or (d)—

(a) at any time within the implementation period;

(b) following an application by the trustees or managers of an occupational pension scheme, such longer period as the Occupational Pensions Regulatory Authority may allow in accordance with Article 30(4) (extension of time for discharge of liability), or

(c) within 21 days after the end of the period referred to in sub-paragraph (a) or (b).

(7) Where the commencement of the implementation period is postponed, or its operation ceases in accordance with regulation 4 of the Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 2000(4) (postponement or cessation of implementation period where an application is made for leave to appeal out of time) a person responsible for a pension arrangement may require any outstanding charges referred to in paragraph (1) to be paid immediately, in respect of—

(a) all costs which have been incurred prior to the date of postponement or cessation, or

(b) any reasonable costs related to—

(i) the application for leave to appeal out of time, or

(ii) the appeal out of time itself.

(8) Paragraph (7) applies even if, prior to receiving the notification of the application for leave to appeal out of time, a person responsible for a pension arrangement has indicated to the parties to pension sharing that he will not be using the method of recovery specified in paragraph (2)(a).

(1)

Regulation 7 was amended by paragraph 11(4) of the Schedule to S.R. 1997 No. 160

(2)

S.R. 1987 No. 290; regulation 3 was amended by paragraph 15(6) of Schedule 2 to S.R. 1994 No. 300

(3)

Article 26C is inserted by paragraph 5 of Schedule 3 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

(4)

S.R. 2000 No. 145