- Latest available (Revised)
- Point in Time (07/06/2012)
- Original (As made)
Point in time view as at 07/06/2012.
There are currently no known outstanding effects for the The Welfare Reform and Pensions (Northern Ireland) Order 1999, Section 13.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
13.—(1) The Department may by regulations make provision for or in connection with enabling rights of a person under an unapproved pension arrangement to be excluded, in the event of a bankruptcy order being made against that person, from his estate within the meaning of Article 11 of the [1989 NI 19.] Insolvency (Northern Ireland) Order 1989.
(2) Regulations under this Article may, in particular, make provision—
(a)for rights under an unapproved pension arrangement to be excluded from a person's estate—
(i)by an order made on his application by a prescribed court, or
(ii)in accordance with a qualifying agreement made between him and his trustee in bankruptcy;
(b)for the court's decision whether to make such an order in relation to a person to be made by reference to—
(i)future likely needs of him and his family, and
(ii)whether any benefits (by way of a pension or otherwise) are likely to be received by virtue of rights of his under other pension arrangements and (if so) the extent to which they appear likely to be adequate for meeting any such needs;
(c)for the prescribed persons in the case of any pension arrangement to provide a person or his trustee in bankruptcy on request with information reasonably required by that person or trustee for or in connection with the making of such applications and agreements as are mentioned in sub-paragraph (a).
(3) In this Article—
“prescribed” means prescribed by regulations under this Article;
“qualifying agreement” means an agreement entered into in such circumstances, and satisfying such requirements, as may be prescribed;
“unapproved pension arrangement” means a pension arrangement which—
is not an approved pension arrangement within the meaning of Article 12, and
is of a prescribed description.
(4) For the purposes of this Article a person shall be treated as having a right under an unapproved pension arrangement where—
(a)he is entitled to a credit under Article 26(1)(b) as against the person responsible for the arrangement (within the meaning of Chapter I of Part V), and
(b)the person so responsible has not discharged his liability in respect of the credit.
Modifications etc. (not altering text)
C1Art. 13 excluded by S.R. 1991/364, rule 5A.12 (as inserted (30.6.2011) by Insolvency (Amendment) Rules (Northern Ireland) 2011 (S.R. 2011/151), rule 8, Sch. 1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: