Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government what assessment they have made of the position of pensions in creditor and debtor petitioned bankruptcies following the introduction of pension freedoms.

Under section 11(1) of the Welfare Reform and Pensions Act 1999, where a bankruptcy order is made on a petition presented on or after 29 May 2000, all rights and benefits under approved pension arrangements will be excluded from the bankrupt’s estate.

The recent Court of Appeal decision in the case of Horton vs Henry confirmed this position and determined that the Trustee in bankruptcy cannot require the bankrupt to access their undrawn pension entitlement as this was contrary to section 11 of the Welfare Reform and Pensions Act 1999.