[F1 PART 2 E+W+SOld State Scheme Pension Credits and Debits]

Textual Amendments

F1 Pt. 2: reg. 2-5 renumbered as Pt. 2 (6.4.2016) by The State Pension Regulations 2015 (S.I. 2015/173), reg. 1(2), Sch. paras. 1(8), (9) (with reg. 1(3))

Basic information about the sharing of state scheme rights and divorce [F2 or the dissolution of a civil partnership] E+W+S

2.—(1) The requirements imposed on the Secretary of State for the purposes of section 23(1)(a) of the 1999 Act (supply of pension information in connection with divorce etc.) are that he shall furnish—

(a) the information specified in paragraphs (2) and (3)—

(i) to a person who has shareable [F3 old] state scheme rights on request from that person; or

(ii) to the court, pursuant to an order of the court; or

(b) the information specified in paragraph (3) to the spouse [F4 or civil partner] of a person who has shareable [F3 old] state scheme rights, on request from that spouse [F4 or civil partner] .

(2) The information specified in this paragraph is a valuation of the person’s shareable [F3 old] state scheme rights.

(3) The information in this paragraph is an explanation of—

(a) the [F5 state scheme rights which are shareable[F5 shareable old state scheme rights]];

(b) how a pension sharing order or provision will affect a person’s shareable [F3 old] state scheme rights; and

(c) how a pension sharing order or provision in respect of a person’s shareable [F3 old] state scheme rights will result in the spouse [F6 or civil partner] of the person who has shareable [F3 old] state scheme rights becoming entitled to a shared additional pension [F7 because of an old state scheme pension credit].

(4) The Secretary of State shall furnish the information specified in paragraphs (2) and (3) to the court, or, as the case may be, to the person who has shareable [F3 old] state scheme rights within—

(a) 3 months beginning with the date the Secretary of State receives the request or, as the case may be, the order for the provision of that information;

(b) 6 weeks beginning with the date the Secretary of State receives the request or, as the case may be, the order for the provision of the information, if the person who has shareable [F3 old] state scheme rights has notified the Secretary of State on the date of the request or order that the information is needed in connection with proceedings commenced under any of the provisions referred to in section 23(1)(a) of the 1999 Act; or

(c) such shorter period specified by the court in an order requiring the Secretary of State to provide a valuation in accordance with paragraph (2).

(5) Where—

(a) the request made by the person with shareable [F3 old] state scheme rights for, or the court order requiring, the provision of information does not include a request or, as the case may be, an order for a valuation under paragraph (2); or

(b) the spouse [F8 or civil partner] of the person with shareable[F3 old] state scheme rights requests the information specified in paragraph (3),

the Secretary of State shall furnish that information to the person who has shareable [F3 old] state scheme rights, his spouse, [F9 civil partner] or the court, as the case may be, within one month beginning with the date the Secretary of State receives the request or the court order for the provision of that information.

Textual Amendments

F2 Words in reg. 2 added (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 1 para. 7(2)(a) (with art. 3)

F3 Word in reg. 2 inserted (6.4.2016) by The State Pension Regulations 2015 (S.I. 2015/173), reg. 1(2), Sch. para. 1(2) (with reg. 1(3))

F4 Words in reg. 2(1)(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 1 para. 7(2)(b) (with art. 3)

F5 Words in reg. 2(3)(a) substituted (6.4.2016) by The State Pension Regulations 2015 (S.I. 2015/173), reg. 1(2), Sch. para. 1(4)(a) (with reg. 1(3))

F6 Words in reg. 2(3)(c) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 1 para. 7(2)(c) (with art. 3)

F7 Words in reg. 2(3)(c) inserted (6.4.2016) by The State Pension Regulations 2015 (S.I. 2015/173), reg. 1(2), Sch. para. 1(4)(b) (with reg. 1(3))

F8 Words in reg. 2(5)(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 1 para. 7(2)(d)(i) (with art. 3)

F9 Words in reg. 2(5) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 1 para. 7(2)(d)(ii) (with art. 3)