Pensions And Bankruptcy/Bankruptcy And Pensions

Below is a selection of our most recent updates on this subject.

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Regulations Remove Protection Of Protected Rights Benefits From Income Payments Order

The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) (Amendment) Order 2012 has introduced provisions which mean that from 6 April 2012 the former protected rights benefits of an undischarged bankrupt can become subject to an income payments order.
Tuesday, April 24, 2012

Williamson High Court Judgement Changes Pension And Bankruptcy Position

The High Court ruling in the case of Raithatha v. Williamson is likely to significantly change the circumstances where a trustee in bankruptcy can make a claim against a bankrupt individual's ‘approved' pension benefits.
Thursday, April 12, 2012

Malcolm -V- Mackenzie Case Confirms Pension Position On Bankruptcy

The recent Malcolm -v- Mackenzie case in the Court of Appeal has served to confirm the existing rules regarding the ability of a Trustee in Bankruptcy to claim the benefits under a bankrupt's pension plan.
Saturday, February 26, 2005

Impact Of New Bankruptcy Rules - Pension And Bankruptcy Library Document

The Pensions and Bankruptcy Library document has been updated to cover the changes to the bankruptcy provisions introduced by the Enterprise Act 2002.
Thursday, September 11, 2003

DWP Clarify Pensions And Bankruptcy Provisions

In April this year the Occupational and Personal Pension Schemes (Bankruptcy) (No. 2) Regulations 2002 were issued. These regulations had been the subject of an earlier consultation exercise by the DWP. The DWP has now issued a note concerning the responses to that consultation and their reaction to these.
Wednesday, October 30, 2002

Pensions And Bankruptcy Library Document Revised

The 'Pensions and Bankruptcy' library document has now been revised to take account of the implementation, from 6 April 2002, of the remaining bankruptcy provisions of the Welfare Reform and Pensions Act 1999, and the introduction of the Occupational and Personal Pension Schemes (Bankruptcy) Regulations 2002.
Tuesday, March 26, 2002

The Occupational And Personal Pension Schemes (Bankruptcy) Regulations 2002

The set of regulations to give full effect to the measures set out in the Welfare Reform and Pensions Act 1999 relating to the treatment of pensions on bankruptcy come into force on the 6 April 2002. This means that protection is provided for all tax-approved pensions and certain unapproved pensions, however, provision is made for excessive contributions to the bankrupt's pension to be recovered by the trustee in bankruptcy.
Monday, March 11, 2002

Remaining Bankruptcy Provisions Of The Welfare Reform And Pensions Act 1999 To Come Into Effect On 6 April 2002

The remaining bankruptcy provisions of the Welfare Reform and Pensions Act 1999 will come into effect from 6 April 2002.
Monday, March 11, 2002

The (Draft) Occupational And Personal Pensions (Bankruptcy) Regulations 2001

A DSS consultation document sets out draft regulations to give full effect to the measures set out in the Welfare Reform and Pensions Act 1999 relating to the treatment of pensions on bankruptcy. Protection is provided for all tax-approved pensions and certain unapproved pensions, in addition, provision is made for excessive contributions to the bankrupt's pension to be recovered by the trustee in bankruptcy.
Monday, March 11, 2002

Re Lesser "Bankruptcy" Case Given Leave To Appeal To The House Of Lords

The provisional ruling to permit the Re Lesser case to be referred to the House of Lords leaves pension providers and insolvency practitioners in limbo concerning the treatment of pension assets for members who became bankrupt between 29 December 1986 and 29 May 2000.
Monday, March 11, 2002

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