Historic bankruptcy and pensions

Magamoo

My father was declared bankrupt in 1992. In 2011 he became eligible to receive a private pension. However Windsor Life Assurance (pension provider) notified the Insolvency Service (TIS) of this and they duly claimed this last part of my father's estate. I've recently been looking at this documentation and wonder if my father, now 77, has any right to appeal this claim from TIS as he has no income and survives on a state pension. 

fatbelly

The rules pre-2000 were pretty harsh. By today's standards they look unfair but I'm not aware of any challenge being made

https://debtcamel.co.uk/pension-safe-bankrupt/

Magamoo

Thanks fatbelly. It does seem harsh that he is still punished 19-years after going bankrupt. Clutching at straws but do you know if there are any grounds to appeal or at least access some of the pension? 

la531983

Will the total pension clear all the debts? He may be eligible for the surplus to be returned.

That's the only straw you likely have here, add in its been 12 years since it was dealt with....

Minkym00

la531983 said:

Will the total pension clear all the debts? He may be eligible for the surplus to be returned.

That's the only straw you likely have here, add in its been 12 years since it was dealt with....

This was claimed 12 years ago so if there was any surplus then it would have been returned already.

Unfortunately that the was the legislation at the time. There is no way this can be challenged now, so long afterwards. 

la531983

If your father doesn't have the full state pension he is perhaps eligible for Pension Credit.