Court rules pensions are protected in bankruptcy

The Court of Appeal has ruled savers facing bankruptcy will not be forced to cash in their pensions to pay off outstanding debts.

The law (section 310A of the Insolvency Act 1986) allows the Official Receiver or trustee in bankruptcy to issue an income payments order that asks a bankrupt individual to agree to make regular payments from their income into the bankruptcy estate for a specific period of time (usually three years).

In June this year, it was ruled people facing bankruptcy proceedings do not have to hand over undrawn pension funds by the High Court but this ruling was then challenged. However, on Friday (7 October) the Court of Appeal dismissed an appeal against the earlier Horton versus Henry ruling.

Ben Allen, Managing Director of Allen Tomas & Co comments that anyone in this position should relax with the knowledge that the UK legal system appears to acknowledge pensions to be out of the reach of a bankruptcy trustee and agrees with fellow industry professionals, that the exception may be where substantial pension contributions are made immediately prior to bankruptcy.

Managing Director Ben Allen graduates

Managing Director, Ben Allen attended the Personal Finance Society graduation ceremony on Friday 20 April 2018, as a result of achieving Chartered Status. Ben explains "The event was held at 20 Aldermanbury, London, EC2V 7HY which is the Head Office of the Chartered Insurance Institute and the Personal Finance Society. It was a beautiful day in the city of London and the building itself is fascinating. Over a thousand years ago Aldermanbury was the home of Kings. Rumour has it that the Insurance Hall stands on a site originally occupied by a Saxon Palace, but we know for certain that a medieval manor house occupied the site, which by the 14th Century had become an Inn called 'The Axe' (the commercial sign of The Axe, which originally hung outside the Inn in 1698, is today situated above the entrance to the CII museum on the second floor landing!) In 1932 the Chartered Insurance Institute was in urgent need of accommodation and so purchased the site (which was by then...

Inflation

United Kingdom Inflation Rate 1989-2018 The UK consumer price inflation eased to 3 percent in December 2017 from a near six-year high of 3.1 percent in the previous month, as widely expected. Prices rose at a softer pace for transport, recreation and culture, housing and utilities, and food and non-alcoholic beverages. Inflation Rate in the United Kingdom averaged 2.58 percent from 1989 until 2017, reaching an all-time high of 8.50 percent in April of 1991 and a record low of -0.10 percent in April of 2015. Consumer prices index (CPI) is the government's preferred measure of inflation. It is used for international comparison and the government inflation target for the Bank of England Monetary Policy Committee. It is available as an index from January 1997, with estimates back to 1988. It excludes mortgage interest payments and council tax. As of the 2010 budget, CPI as part of the triple-lock, is used to index state pensions in place of RPI. Why is inflation important? Keep...

Chartered Financial Planners

The Chartered Insurance Institute (CII) has awarded the prestigious ‘Chartered Financial Planners’ title to Allen Tomas & Co Financial Management Ltd. Chartered status is an exclusive title only awarded to firms which meet rigorous criteria relating to professionalism and capability. All Chartered Financial Planners commit to the CII’s Code of Ethics, reinforcing the highest standards of professional practice in their business dealings. As the premier professional body for the insurance and financial planning professions, the CII promotes higher standards of integrity, technical competence and business capability. With over 120,000 members in more than 150 countries, the CII is the world’s largest professional body dedicated to these sectors. Success in CII qualifications is universally recognised as evidence of knowledge and understanding. Membership of the CII signals a desire to develop broad professional capability and subscribe to the standards associated with profess...

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