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Bankruptcy and Pension
Tricia53
Posts: 14 Forumite
I stopped working in February 2009 because of ill-health and have been receiving IB and IS (recently changed over to ESA - Support Group). I have debts totalling just over £21,000, which I was paying off with a debt repayment plan with CCCS until December 2010 when I was advised that bankruptcy would be the best route for me. Since then I have been paying my creditors a minimal amount and attempting (unsuccessfully) to save the court fee to declare bankruptcy. Two months ago I applied to my occupational pension fund (Local Government Pension Scheme) to have my pension benefits paid early on the grounds of ill-health. I had to see their medical advisor, who has subsequently submitted a report confirming that I am permanently incapable of employment for reasons of permanent ill-health. I have chosen to take the maximum lump-sum payment (amounting to £+- £5,000) with an annual pension of £781.01. Obviously, I am going to use some of this money to go to court to declare bankruptcy and I want to know what happens with both my lump sum and annual pension. I have read many threads on the forum but am still not sure if this money can be included as assets in my application.
I would be very grateful for any advice.
Regards
Trish:)
I would be very grateful for any advice.
Regards
Trish:)
0
Comments
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Bankruptcy - what happens to your pension
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Bankruptcy/DG_1874130 -
Thanks for the link - but this still does not make it clear for me. If anyone can put it in really simple terms, I'd be grateful!
Trish0 -
If you receive the money before the bankruptcy and stillhave it on your bankruptcy date then it could be taken as cash/savings in hand. As for the annual pension part, that is just taken into account as income and assessed along side any other incomeHi, 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.0
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