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Can an IVA Take My Pension?

Your pension pot isn’t usually part of an IVA. Pension income counts towards your payments, and lump sums taken during the IVA may need to be declared.

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Things to know about IVAs

An IVA is a formal insolvency procedure. It must be approved by your creditors, stays on your credit file for six years, fees are taken from your payments, and debts are only written off if you complete it. It isn’t right for everyone.

Read the key risks
  • Creditors must approve it. An IVA only goes ahead if creditors holding at least 75% of the debt that is voted agree. Your proposal can be rejected.
  • Credit file and public register. An IVA stays on your credit file for six years from the start date and is listed on the public Individual Insolvency Register while it runs. Getting credit will be harder.
  • Spending restrictions and annual reviews. You live on an agreed budget for the length of the IVA (usually 5–6 years). Your income and spending are reviewed each year, and your payment can go up.
  • Fees. Fees are taken from your monthly payments, so less of what you pay reaches your creditors. How IVA fees work.
  • Your home. Under the current IVA Protocol, your home isn’t included in the IVA and you won’t be asked to remortgage. If your share of the equity is £10,000 or more, the IVA usually lasts six years instead of five.
  • If it fails. If you can’t keep up payments the IVA may fail, you would owe the remaining debt again, and the supervisor may petition for your bankruptcy.
  • Write-off only on completion. Remaining qualifying unsecured debts are only written off if the IVA is completed successfully. Secured debts, court fines, child maintenance, student loans and some other debts can’t be included.
  • Other options may suit you better. A debt management plan, DRO or bankruptcy may be more suitable. IVAs are available in England, Wales and Northern Ireland only; different solutions apply in Scotland.

Many people worry that years of pension saving could be handed to creditors. In most cases, a pension pot that you can’t yet access stays outside your IVA. Things are different once you’re able to take money from it.

The short answer

  • A pension you can’t yet access is not usually included in an IVA.
  • If you’re receiving a pension, it counts as income in your IVA budget.
  • If you can take a lump sum during the IVA, your IVA terms may ask you to consider it.
  • Your own contributions can usually continue at a reasonable level.
  • Rules can vary, so ask your insolvency practitioner how your IVA treats pensions.

Is my pension included in an IVA?

Pension pots held in registered pension schemes are generally treated as separate from the assets you offer creditors. While you’re below the age at which you can draw your pension, it isn’t usually touched.

What if I'm already drawing a pension?

Pension income, including the State Pension and workplace or private pensions, counts as income. It’s included when your monthly IVA payment is worked out, in the same way as wages.

What if I reach pension age during my IVA?

If you become able to take a tax-free lump sum during your IVA, your IVA terms may require you to consider releasing some of it for creditors. Whether that applies depends on the terms creditors agreed. Your insolvency practitioner will explain the position before your IVA starts, so check your proposal carefully if you’re close to pension age.

Can I keep paying into my pension?

Workplace pension contributions at a normal level are usually allowed as part of your budget. Big increases in contributions while in an IVA may be questioned, because they reduce what’s available for creditors.

Bankruptcy is different. In bankruptcy, approved pension schemes are usually protected, but pension income above your reasonable needs can be claimed through an income payments agreement.

Common questions

Can I get an IVA if I'm retired?

Yes. Retired people can get an IVA if their pension income leaves enough spare each month. Our guide to IVAs for pensioners explains more.

Will my workplace pension contributions stop in an IVA?

Not usually. Normal contributions are generally allowed in your budget.

Do I have to cash in my pension to pay my debts?

Not as a condition of getting an IVA, if you can’t yet access it. If you can access it during the IVA, your terms may ask you to consider a lump sum.

How IVA Advice Online can help

Every situation is different, and an IVA isn’t right for everyone. We can look at your income, spending and debts with you and set out the debt solutions you could qualify for, including options other than an IVA. To talk it through, get in touch.

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