We were asked recently whether, if a debtor is at state pension age but is still working and therefore obtaining an income, they have to claim their state pension because they are eligible for it, or are they able to defer claiming it until after they have finished working?
The answer is yes, they can defer. Guidance can be found at www.gov.uk/deferring-state-pension
When the individual does eventually claim they can get the missed payments back as higher weekly payments or a one-off lump sum.
It is our view, particularly as state pension isn’t paid automatically – you have to actively claim it, that in line with the guidance provided by Horton v Henry, the Trustee would be unable to compel the debtor to claim their pension if they choose not to.