The Pensions Act 2014 (Pension Sharing on Divorce etc.) (Transitional Provision) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This is the first transitional provision Order made in respect of Part 1 of the Pensions Act 2014 (c.19). It makes transitional provision in relation to the coming into force on 6th April 2016 of sections 13 to 15 of, and Schedules 8 to 11 to, that Act. These provisions allow for the continuation of state pension sharing on divorce or nullity of a marriage or dissolution or annulment of a civil partnership for people who reach state pension age on or after 6th April 2016 and are entitled to the new state pension at the transitional rate. These provisions also make amendments to existing legislation to distinguish rights to an old state pension which are shareable from rights to a new state pension which are shareable.

The transitional provision in this Order has the effect that where proceedings involving the sharing of state pension on divorce or nullity of a marriage or dissolution or annulment of a civil partnership have been issued or presented before 6th April 2016, the existing legislation, i.e. section 49 of the Welfare Reform and Pensions Act 1999 (c.30), will apply to those proceedings, rather than section 49A of that Act. The Order makes similar transitional provision in relation to qualifying agreements in Scotland.

A full impact assessment has not been published for this Order as it has no impact on the private sector or civil society organisations. An assessment has been made of the impact of the introduction of the new state pension. Copies of that impact assessment may be obtained from the Better Regulation Unit of the Department for Work and Pensions, 2D Caxton House, Tothill Street, London SW1 9NA or from the DWP website: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/311316/pensions-act-ia-annex-a-single-tier-state-pension.pdf. (Annex A contains the assessment for new state pension.)