Increasingly advisers in are receiving enquiries from clients wanting to know about what will happen to their pension if apply for Bankruptcy or a DRO.  Therefore, advisers need to be clear about the implications of these solutions for clients’ pensions. 

This course aims to provide advisers with a greater depth of understanding of this topic, increasing confidence in supporting clients navigating this challenging area.

This course will explore:

• the legislation and current caselaw that applies to pensions in Bankruptcy and DRO
• the different types of pensions that a client may have, identifying key types, terms and features that are significant in determining how a client’s pension will be treated should they wish to apply for Bankruptcy or a DRO
• how to help a client establish what types of pensions they have, when they will be able to access their pensions, and the options available to them for accessing their pensions
• the relationship between pensions and the insolvency test necessary to qualify for Bankruptcy or a DRO

• describe different types of pensions a client may have and their key features and terms
• identify the circumstances in which pensions are and are not at risk of vesting in the official receiver in Bankruptcy
• identify circumstances where a client’s pension could result in an application for Bankruptcy or Debt Relief Order being refused on the grounds that the insolvency test is not met
• explain the implications of pension flexibility rules allowing clients to elect to draw down part of a pension at age 55 where this option is available:
• before, during and after bankruptcy; and
• before or during DRO moratoria
• explain the steps a client may be able to take to protect a pension that will otherwise vest in the official receiver

Level: Caseworker/Specialist

CPD: 2 points (technical debt advice training)

Duration: Half day

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