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Notes for Guidance - Bankruptcy (Scotland) Act 2016 (as amended)

This guidance describes the general functions of Accountant in Bankruptcy, interim trustees, trustees and commissioners in relation to their responsibilities regarding bankruptcies which started on or after 30 November 2016.

9.4 Excessive pension contributions

The trustee should consider challenging excessive contributions to an approved scheme. They may also be able to use these provisions to challenge a debtor’s decision to contribute to a new approved personal pension scheme or to increase the contributions to an existing scheme.

Section 16 of the Welfare Reform and Pensions Act 1999 will allow the trustee to seek a court order to recover excessive contributions.

Contributions are defined as such if they were made for the purpose of putting assets beyond the reach of creditors.

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