The National Health Service Pension Scheme (Scotland) Regulations 2015

PART 5 Insolvency

Bankruptcy of person entitled to benefits

13.—(1) On the bankruptcy or sequestration of any person entitled to a benefit under the scheme, no part of the benefit may be paid to the person’s trustee in bankruptcy or other person acting on behalf of the creditors, except as provided for in sub-paragraph (2).

(2) Where, following the bankruptcy or sequestration of any person entitled to a benefit under the scheme—

(a) a debtor contribution order is made under section 32A of the Bankruptcy (Scotland) Act 1985(1); or

(b) the court makes an income payments order under section 310 of the Insolvency Act 1986,

that requires the scheme manager to pay all or part of the benefit to the person’s trustee in bankruptcy, the scheme manager is to comply with that order.

(1)

1985 c.66; section 32A is inserted by section 4 of the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), section 4.