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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 31 July 2013 - onwards
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88. Debt Settlement Arrangement: Excessive pension contributions.

(1) Where, as respects a debtor who has entered into a Debt Settlement Arrangement which is in force, a creditor or the personal insolvency practitioner concerned considers that a debtor has made excessive contributions to a relevant pension arrangement, the creditor or personal insolvency practitioner may make an application to the appropriate court for relief in accordance with this section.

(2) The reference to the debtor having made contributions to a relevant pension arrangement shall be construed as a reference to contributions made by the debtor at any time within 3 years prior to the making of the application for a protective certificate on behalf of the debtor under section 59.

(3) Where the appropriate court considers that having regard in particular to the matters referred to in subsection (4) the contributions to a relevant pension arrangement were excessive it may:

(a) direct that such part of the contribution concerned (less any tax required to be deducted) be paid by the

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