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The Pension Protection Fund (Pensions on Divorce etc: Charges) Regulations 2011

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Charges in respect of pension sharing and pension attachment – methods of recovery

5.  (1)  In the circumstances prescribed in paragraph (3), and subject to paragraph (4), the Board may recover the charges specified in regulation 4 by using either of the methods specified in paragraph (2).

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

(a)requiring payment from a party liable for payment of the charges; and

(b)deducting the charges from PPF compensation which would otherwise be payable to a party liable for payment of the charges.

(3) The circumstances prescribed in this paragraph are—

(a)in the case of a pension sharing order or provision, that—

(i)the implementation period for the pension sharing order or provision has commenced;

(ii)the Board is not aware of any appeal against the order having begun on or after the day on which the order takes effect; and

(iii)the Board has informed the party from whom the Board intends to recover the charges of the date on or after which the charges may be recovered, together with details of the methods which may be used to recover the charges; or

(b)in the case of a pension attachment order or provision, that the circumstances prescribed in paragraph (3)(a)(ii) and (iii) apply.

(4) The Board may not recover any of the charges specified in regulation 4 from a party by using either of the methods prescribed in paragraph (2) if that party has paid in full all the charges for which they are liable.

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