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What is a pension attachment order?

A pension attachment order can be used on divorce, dissolution of a civil partnership or as part of a judicial separation agreement. A pension attachment order requires payment by the pension company of some or all of a policyholder’s pension benefits to the ex-spouse or ex-civil partner, when the pension becomes payable to the policyholder. These benefits can be in the form of periodical payments (numerous payments over time and at specified intervals) or a lump sum (a single payment). If a pension attachment order is in existence and the pension concerned is transferred from one provider to another, the attachment order will be transferred to the new fund.

In practice, pension attachment orders are rarely used, as courts prefer to use pension sharing orders. Instead of paying the ex-spouse or ex-civil partner out of the policyholder’s fund, pension sharing orders divide rights under a pension scheme so that each spouse has their own independent rights under that scheme or under two separate schemes. For further details, read What is a Pension Sharing Order?

Related FAQs

Do you need a licence for an electric scooter?

If you are using a privately owned electric scooter on private land, then a driving licence is not required. However, if you are using a rental electric scooter on the roads/cycle lanes, then a driving licence is required, and you must be over 16 years old to use one.

A rental e-scooter will be insured provided the rider has given the correct ID when hiring the scooter.

Can the apprentice take a break or pause in learning due to coronavirus?

A break or pause in learning can be initiated where the interruption to learning due to Covid-19 is greater than four weeks. This must be reported as a formal break in learning. In such circumstance the funding to the training provider will be suspended for the duration of the break. Previously, the rules only allowed an apprentice to initiate this break in learning but this has been expanded to give employers and training providers the right to initiate this. Training providers should continue with their monthly IRL submissions to the ESFA. During breaks in apprenticeships it is not necessary for the apprentice to comply with the minimum of 20% on the job training requirement but this will resume when the break ends.

I am an executor and in the process of selling the deceased's property. Will I still be able to complete the sale and what if someone in the chain is unable to do so?

The Government published guidelines on 23 March 2020 concerning house sales.

Estate Agents have been required to close their offices and although staff are allowed to work from home they must not attend properties for any reason.

Therefore, if the property has not yet been put onto the market you will be unable to obtain a proper valuation at present. Also, restrictions on movement means that people must not view properties in person. Therefore you ought to delay marketing.

If you have found a buyer and the property is empty then the transaction can go ahead but you may experience delays in the transaction. For example, if your buyer needs a mortgage there will be a delay in getting a mortgage offer and even if it’s a cash purchase there are likely to be delays with Local Authority Searches.

You should discuss with your conveyancer whether to include special contract conditions. These could take into account what happens if the buyer or someone in the chain falls ill between exchange and completion and cannot move on the anticipated completion date.

If you have exchanged contracts the Government guidelines indicate that the sale of an empty property can go ahead to completion. However, if the contents of the property have not been removed you may have difficulty getting it cleared. Similarly, your buyer or someone else in the conveyancing chain may find that their removers are unable to move them. If this happens, you ought to discuss this with your conveyancer and your buyer as soon as possible to see if completion can be delayed to a later date.

Can an employee still do training when on Flexible Furlough?

Employees on Flexible Furlough can engage in training during hours which you record your employee as being on furlough, as long as in undertaking the training the employee does not provide services to, or generate revenue for, or on behalf of their organisation or a linked or associated organisation.

Where training is undertaken by furloughed employees during hours which you record your employee as being on furlough, at the request of their employer, they are entitled to be paid at least their appropriate national minimum wage for this time.

In a situation where a building has a B1 EWS1 rating but the insurance companies are either refusing to quote or saying the cladding is a fire risk (due to the result of the intrusive survey for the EWS1 rating) and quadrupling insurance premium, is there anything that will help with this situation in the Building Safety Act or the secondary regulations when they come in or do you think it is something case law will have to address?

The amount an insurer charges for providing cover is a critical aspect of the underwriting process. The premium must be sufficient to cover expected claims but must also take into account the possibility that the insurer will have to access its capital reserve –it is risk assessment based and the greater the risk, the higher the premium. Historically, insurers of high-rise buildings would have only had to prepare for a loss caused by damage to just a few flats within a building. That is because the design and construction of that building, with the right materials and fire safety provisions in place, should have limited the spread of fire and allowed the damage to be contained –or at least make this an extremely low risk. Now we know that many buildings have been designed, built and signed off in a regulatory system that an independent Government review has found was not fit for purpose. Premiums will reduce overtime but will be dependent upon the perceived level of risk reducing as the regulatory regime, BSA and BSR become more established.