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The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011

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Provision of information after receipt of a pension compensation attachment order or provisionN.I.

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15.—(1) The Board must, within 21 days beginning with the day that it receives—

(a)an order under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978 (financial provision orders in connection with divorce proceedings, etc.), which includes provision made by virtue of Article 27F of that Order (attachment of pension compensation);

(b)an order under Part 1 of Schedule 15 to the Civil Partnership Act 2004 (financial provision in connection with dissolution, nullity or separation), which includes provision made by virtue of paragraph 29A of Part 6 of that Schedule (attachment of PPF compensation);

(c)an order under section 23 of the Matrimonial Causes Act 1973 (financial provision orders in connection with divorce proceedings, etc.), which includes provision made by virtue of section 25F of that Act (attachment of pension compensation);

(d)an order under Part 1 of Schedule 5 to the Civil Partnership Act 2004 (financial provision in connection with dissolution, nullity or separation), which includes provision made by virtue of paragraph 34A of Part 7 of that Schedule (attachment of PPF compensation);

(e)an order under section 8 of the Family Law (Scotland) Act 1985 (orders for financial provision) containing provision made by virtue of section 12B(2) of that Act (order for payment of capital sum: pension compensation), or

(f)a qualifying agreement containing provision equivalent to such an order,

issue to the member and to the person entitled to payments by virtue of the pension compensation attachment order or provision (“the other party”) a notice which includes the information specified in paragraphs (2) and (4), or (2), (3) and (4), as the case may be.

(2) Where an order or provision specified in paragraph (1) is made in relation to relevant compensation that is not in payment, the notice issued by the Board to the member and to the other party must include—

(a)the cash equivalent value of the relevant compensation;

(b)the first date when a payment pursuant to the order or provision is to be made, and

(c)a list of any changes in circumstances which, under the terms of the order or provision, the member or the other party must notify to the Board.

(3) Where an order or provision specified in paragraph (1) is made in relation to relevant compensation that is in payment, the notice issued by the Board to the member must, in addition to the items specified in paragraph (2), include—

(a)the annual rate of the relevant compensation payable to the member immediately before implementation of the order or provision, and

(b)the annual rate of relevant compensation which will be payable to the member and to the other party immediately after implementation of the order or provision.

(4) Where an order or provision specified in paragraph (1) is made (whether or not in relation to relevant compensation that is in payment), the notice issued by the Board to the member and to the other party must include—

(a)the amount of any charges made in accordance with regulation 16(2)(d) which remain unpaid;

(b)the date by which payment in whole or in part is required;

(c)the amount of the charges which are attributable to the member and to the other party, and

(d)whether the charges may be set off, in accordance with regulation 16(4)(c), against payments made to the member or the other party.

Commencement Information

I1Reg. 15 in operation at 6.4.2011, see reg. 1(1)

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