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Pensions Act 2008

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This is the original version (as it was originally enacted).

Financial support directions: meaning of “insufficiently resourced”

This section has no associated Explanatory Notes

14(1)In section 44(3) (meaning of “insufficiently resourced”), for paragraph (b) substitute—

(b)condition A or B is met.

(2)After subsection (3) insert—

(3A)Condition A is met if—

(a)there is at that time a person who falls within section 43(6)(b) or (c), and

(b)the value at that time of that person’s resources is not less than the relevant deficit, that is to say the amount which is the difference between—

(i)the value of the resources of the employer, and

(ii)the amount which is the prescribed percentage of the estimated section 75 debt.

(3B)Condition B is met if—

(a)there are at that time two or more persons who—

(i)fall within section 43(6)(b) or (c), and

(ii)are connected with, or associates of, each other, and

(b)the aggregate value at that time of the resources of the persons who fall within paragraph (a) (or any of them) is not less than the relevant deficit.

(3)In subsection (4), for “subsection (3)” substitute “subsections (3) to (3B)”.

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