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

To ask Her Majesty's Government what assessment they have made of the case for excluding an individual's pension fund when determining whether an individual is insolvent when presenting their debtor petition for bankruptcy.

When determining if an individual is insolvent when presenting a petition for bankruptcy, the Adjudicator at the Insolvency Service needs to consider the circumstances of each individual case on its merits. The Adjudicator will have regard to all the available assets including any pension fund when determining an individual’s insolvency. If the Adjudicator refuses an application, that decision can be subject to a review or an appeal to the court.