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

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Pension attachment: change of circumstances

6.—(1) This regulation applies where—

(a)an order under Article 25 or under Article 21 of the 1989 Order has been made by virtue of Article 27B or 27C imposing any requirement on the person responsible for a pension arrangement; and

(b)any of the events set out in paragraph (2) has occurred.

(2) Those events are:—

(a)any of the particulars supplied by the other party under rule 2.73 for any purpose mentioned in regulation 4(3)(c) has ceased to be accurate; or

(b)by reason of the remarriage of the other party or otherwise, the order has ceased to have effect.

(3) Where this regulation applies, the other party shall, within 14 days of the event, give notice of it to the person responsible for the pension arrangement.

(4) Where, because of the inaccuracy of the particulars supplied by the other party under rule 2.73 or because the other party has failed to give notice of their having ceased to be accurate, it is not reasonably practicable for the person responsible for the pension arrangement to make a payment to the other party as required by the order:

(a)it may instead make that payment to the party with pension rights; and

(b)it shall then be discharged of liability to the other party to the extent of that payment.

(5) Where an event set out in paragraph (2)(b) has occurred and, because the other party has failed to give notice in accordance with paragraph (3), the person responsible for the pension arrangement makes a payment to the other party as required by the order:

(a)its liability to the party with pension rights shall be discharged to the extent of that payment; and

(b)the other party shall, within 14 days of the payment being made, make a payment to the party with pension rights to the extent of that payment.

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