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  • FIRST POST
    sybsey
    HB and Private pension
    • #1
    • 12th Dec 12, 4:14 PM
    HB and Private pension 12th Dec 12 at 4:14 PM
    Hi my father in law died 2 years ago and left my mother in law(54) with a private pension that she decided to get monthly, she has also been receiving other benefits ( housing and council tax Benefit and Job seekers), she was told there was no reason why she couldn't work even though she needs a hip replacement

    After a visit from the Dss last week they told her that she was not entitled to any benefits because she receives a private pension of £400 a month and that she will have to pay all the benefits back, so after adding up all her outgoings e.g rent, council tax, gas (meter), electric (meter), water +(arrears) and debts she will be left with £42 a week for food and clothes, and to top it off the council have mentioned something about a charge because she is in a 2 bedroom house but she does not feel ready to move yet.
    We live 2 hours away and are not in situation where we can financially help her.
    Is there nothing she can do?

    Regards
    Sybsey
Page 1
  • CAB Wyre Forest representative
    • #2
    • 12th Dec 12, 5:33 PM
    • #2
    • 12th Dec 12, 5:33 PM
    Hi my father in law died 2 years ago and left my mother in law(54) with a private pension that she decided to get monthly, she has also been receiving other benefits ( housing and council tax Benefit and Job seekers), she was told there was no reason why she couldn't work even though she needs a hip replacement

    After a visit from the Dss last week they told her that she was not entitled to any benefits because she receives a private pension of £400 a month and that she will have to pay all the benefits back, so after adding up all her outgoings e.g rent, council tax, gas (meter), electric (meter), water +(arrears) and debts she will be left with £42 a week for food and clothes, and to top it off the council have mentioned something about a charge because she is in a 2 bedroom house but she does not feel ready to move yet.
    We live 2 hours away and are not in situation where we can financially help her.
    Is there nothing she can do?

    Regards
    Sybsey
    Originally posted by sybsey
    If your mother in law's sole income is her private pension of £400pm, then she should be able to expect some help through HB and CTB. You can put her detailed circumstances into this calculator and see for yourselves: http://www.turn2us.org.uk/
    I take it that she has been making herself available to work in order to be able to claim JSA - you would have to put this information into the calculator.
    If, as you say, the DWP are saying that they will want a repayment of benefits paid, then I urge you to get your mother in law to make an appointment at her local CAB (www.citizensadvice.org.uk) in order to get comprehensive advice. Also, it looks like that your mother in law has not declared her private pension - so she would have been overpaid benefit. Not only may she have to pay back but the DWP may well consider that she has defrauded them. Therefore she does need advice directly from an expert.
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