The Welfare Reform and Pensions (Northern Ireland) Order 1999

Activation of benefit sharing N.I.

45.—(1)  [F1 Article 46 or 46A applies where any of the following has taken effect in relation to a person's shareable state scheme rights] —

(a) a pension sharing order under the Matrimonial Causes Order;

[F2 (aa) a pension sharing order under Schedule 15 to the Civil Partnership Act 2004,]

(b) an order under Part IV of the [1989 NI 4.] Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (financial relief in Northern Ireland in relation to overseas divorce etc.) corresponding to such an order mentioned in sub-paragraph (a);

[F2 (ba) an order under Schedule 17 to the 2004 Act (financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (aa),]

(c) an order or provision to which any of paragraphs (a) to (g) of subsection (1) of section 48 of the Welfare Reform Act applies (pension sharing orders under the [1973 c. 18.] Matrimonial Causes Act 1973 and the [1985 c. 37.] Family Law (Scotland) Act 1985 and other provisions and orders in Great Britain corresponding to pension sharing orders under those Acts).

(2) The reference in paragraph (1) to paragraphs (a) to (g) of subsection (1) of section 48 of the Welfare Reform Act is to those paragraphs as they have effect subject to the provisions of that section and section 85(5) of that Act.

F1 Words in art. 45(1) substituted (16.7.2015 for specified purposes, 6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 11 para. 10; S.R. 2015/307, art. 2(2)(k)

F2 2004 c.33