108Pensions and benefits not assignable

108 Pensions and benefits not assignable

(1)  Except as provided by regulation 110(4) , an entitlement under these regulations –

(a) is not available as security for a loan and is not otherwise subject to any assignment, mortgage, charge, encumbrance or lien; and

(b) on the death of the person so entitled, is not, in the absence of a surviving partner, available as an asset in his or her estate for the payment of his or her debts or liabilities.

(2)  A pension or other benefit payable under these regulations is not capable of being assigned, charged, taken in execution or passed under any law to any person other than the pensioner to whom, or for whose benefit, it is payable.

(3)  Subregulation (2) does not prevent a pensioner or other person entitled to a benefit from assigning to, or charging in favour of, the Commission any pension or other benefit so far as may be necessary for securing the payment of money payable to the Commission.

(4)  This regulation does not disturb the effect of Part 8 .