Pensions Act 1995

Changes over time for: Section 91

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Changes to legislation:

Pensions Act 1995, Section 91 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Section 91:

s. 37(1A)(b) inserted by 2015 c. 8 Sch. 2 para. 7(b)
s. 51(5A)-(5C) inserted by 2015 c. 8 s. 43(1)
s. 51(7A) inserted by 2015 c. 8 s. 41(1)(b)
s. 51(9)(10) inserted by 2015 c. 8 s. 42(3)
s. 67A(3)(aa)-(ac) inserted by 2015 c. 8 s. 45(3)
s. 67A(9)(a)(viii)-(x) inserted by 2015 c. 8 s. 45(6)(a)
s. 67A(9)(b)(vi)-(viii) inserted by 2015 c. 8 s. 45(6)(b)
s. 73(2)(2A) substituted for s. 73(2) by 2015 c. 8 Sch. 2 para. 11
s. 75(1)-(1B) substituted for s. 75(1) by 2015 c. 8 Sch. 2 para. 12
s. 175(2)(ca) inserted by 2004 c. 35 s. 240(2)
s. 175(2)(za) inserted by 2015 c. 8 s. 43(2)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 37(1A)(b) inserted by 2015 c. 8 Sch. 2 para. 7(b)
s. 51(5A)-(5C) inserted by 2015 c. 8 s. 43(1)
s. 51(7A) inserted by 2015 c. 8 s. 41(1)(b)
s. 51(9)(10) inserted by 2015 c. 8 s. 42(3)
s. 67A(3)(aa)-(ac) inserted by 2015 c. 8 s. 45(3)
s. 67A(9)(a)(viii)-(x) inserted by 2015 c. 8 s. 45(6)(a)
s. 67A(9)(b)(vi)-(viii) inserted by 2015 c. 8 s. 45(6)(b)
s. 73(2)(2A) substituted for s. 73(2) by 2015 c. 8 Sch. 2 para. 11
s. 75(1)-(1B) substituted for s. 75(1) by 2015 c. 8 Sch. 2 para. 12
s. 175(2)(ca) inserted by 2004 c. 35 s. 240(2)
s. 175(2)(za) inserted by 2015 c. 8 s. 43(2)

91 Inalienability of occupational pension.E+W+S

(1)Subject to subsection (5), where a person is entitled [F1to a pension under an occupational pension scheme or has a right to a future pension under such a scheme]—

(a)the entitlement or right cannot be assigned, commuted or surrendered,

(b)the entitlement or right cannot be charged or a lien exercised in respect of it, and

(c)no set-off can be exercised in respect of it,

and an agreement to effect any of those things is unenforceable.

(2)Where by virtue of this section a person’s entitlement [F2to a pension under an occupational pension scheme, or right to a future pension under such a scheme,] cannot, apart from subsection (5), be assigned, no order can be made by any court the effect of which would be that he would be restrained from receiving that pension.

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subsection (2) does not prevent the making of—

(a)an attachment of earnings order under the M1Attachment of Earnings Act 1971, or

(b)an income payments order under the M2Insolvency Act 1986.

(5)In the case of a person (“the person in question”) who is entitled [F4to a pension under an occupational pension scheme, or has a right to a future pension under such a scheme], subsection (1) does not apply to any of the following, or any agreement to effect any of the following—

(a)an assignment in favour of the person in question’s widow, widower[F5, surviving civil partner] or dependant,

(b)a surrender, at the option of the person in question, for the purpose of—

(i)providing benefits for that person’s widow, widower[F5, surviving civil partner] or dependant, or

(ii)acquiring for the person in question entitlement to further benefits under the scheme,

(c)a commutation—

(i)of the person in question’s benefit on or after retirement or in exceptional circumstances of serious ill health,

(ii)in prescribed circumstances, of any benefit for that person’s widow, widower[F5, surviving civil partner] or dependant, or

(iii)in other prescribed circumstances,

(d)subject to subsection (6), a charge or lien on, or set-off against, the person in question’s entitlement, or [F6right,] (except to the extent that it includes transfer credits other than prescribed transfer credits) for the purpose of enabling the employer to obtain the discharge by him of some monetary obligation due to the employer and arising out of a criminal, negligent or fraudulent act or omission by him,

(e)subject to subsection (6), except in prescribed circumstances a charge or lien on, or set-off against, the person in question’s entitlement, or [F7right], for the purpose of discharging some monetary obligation due from the person in question to the scheme and—

(i)arising out of a criminal, negligent or fraudulent act or omission by him, or

(ii)in the case of a trust scheme of which the person in question is a trustee, arising out of a breach of trust by him,

[F8(f)subject to subsection (6), a charge or lien on, or set-off against, the person in question’s entitlement, or right, for the purpose of discharging some monetary obligation due from the person in question to the scheme arising out of a payment made in error in respect of the pension.]

(6)Where a charge, lien or set-off is exercisable by virtue of subsection (5)(d) [F9, (e) or (f)] —

(a)its amount must not exceed the amount of the monetary obligation in question, or (if less) the value (determined in the prescribed manner) of the person in question’s entitlement or accrued right, and

(b)the person in question must be given a certificate showing the amount of the charge, lien or set-off and its effect on his benefits under the scheme,

and where there is a dispute as to its amount, the charge, lien or set-off must not be exercised unless the obligation in question has become enforceable under an order of a competent court or in consequence of an award of an arbitrator or, in Scotland, an arbiter to be appointed (failing agreement between the parties) by the sheriff.

(7)This section is subject to section 159 of the M3Pension Schemes Act 1993 (inalienability of guaranteed minimum pension F10... ).

Textual Amendments

F1Words in s. 91(1) substituted (1.12.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 12 para. 57(2); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

F2Words in s. 91(2) substituted (1.12.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 12 para. 57(3); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

F3S. 91(3) repealed (6.4.2002) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 13 Pt. I; S.I. 2002/153, art. 2(l)(ii)

F4Words in s. 91(5) substituted (1.12.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 12 para. 57(4)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

F5Words in s. 91(5)(a)(b)(c) inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 23

F6Words in s. 91(5)(d) substituted (1.12.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 12 para. 57(4)(b); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

F7Words in s. 91(5)(e) substituted (1.12.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 12 para. 57(4)(c); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

F8S. 91(5)(f) inserted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 266(2), 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7

F9Words in s. 91(6) substituted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 266(3), 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7

F10Words in s. 91(7) omitted (6.4.2012) by The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No. 2) Order 2011 (S.I. 2011/1730), arts. 1(2)(a), 6(2A) (as inserted by S.I. 2012/709, arts. 1(2), 2(8))