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Can I still Pay My Pension during BR

I have a works pension, HMRC approved scheme. I therefore understand that it won't form part of my estate when I go BR.

However, can I still pay my contributions each month before surplus income is assessed? It comes out at source before I get my take home pay.

I'd really like to keep it going for obvious reasons.

Thanks

GU

Comments

  • iquit
    iquit Posts: 1,939 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    To the best of my knowledge a works pension is 'safe', it's private pensions and life insurance that I seem to recall being of interest. Someone with more knowledge or experience will hopefully be round to clear things for you.
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  • debtinfo
    debtinfo Posts: 7,012 Forumite
    yes you can as long as the payments are not excessive
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part7/part4/part_4.htm
    31.7.109 Contributions to a pension or SAYE scheme

    The official receiver should examine closely any deductions at source from earnings and consider whether payments or over payments into a pension scheme should be disallowed, as this is not an essential outgoing required to meet the reasonable needs of the bankrupt.

    In most cases an individual can elect to stop or reduce their contributions to a personal pension for a period of time.

    Whilst the bankrupt may argue this will have the effect of reducing future income, the official receiver should explain that the cost of maintaining his/her future income should not be made at the expense of his/her creditors.

    In the same way where the employer operates a SAYE saving scheme (where a proportion of the bankrupt’s income is deducted at source to purchase shares in the employing company), this expenditure should be investigated and disallowed, to ensure that the full amount of income available is included in an income payments calculation.
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  • fermi wrote: »

    I can understand that and it seems quite reasonable. However I am in a Govt scheme which, if I opt out of, I cannot opt back in.

    I cannot reduce payments as the contribution is fixed by the Govt.

    Therefore my options would be very limited if they told me I had to stop paying. :(
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    In that case, I would imagine that they would allow you to continue to pay in the basic amount required to remain in the scheme.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • GoingUnder
    GoingUnder Posts: 84 Forumite
    I'll keep my fingers crossed, many thanks
  • I recently had exactly the same thing and was allowed to keep mine. OR worked with take-home pay. Hope this helps
  • GoingUnder
    GoingUnder Posts: 84 Forumite
    I have everything crossed. Rang my local court today, no need for appointment just turn up between 10am & 11am file the papers, rock back up at 1230 in case the Judge wants to ask questions then job done.

    Am filling the forms, they do take time!

    Thanks GU
  • sizzler
    sizzler Posts: 5,094 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Good Luck:)
  • GoingUnder
    GoingUnder Posts: 84 Forumite
    thanks

    Get paid Friday which will give me the rest of the fees. Will look to go down there early next week.

    GU
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