pension credits.

McKneff

can anyone tell me the criteria for pension credits.

i work at the moment but am thinking of retiring.

i get state pension of £82 perweek
OH gets about £132 per week

my private pension is about £50 per week
OH is about £20 per week.

Do savings have any bearing on pension credits.

Would we qualify if i stopped working.

jem16

This might help.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018692

McKneff

Thanks jem16, its a big fat no then.

I get a bit miffed sometime that both my oh and me have paid into pensions
for.................no, i am not going to go there

EdInvestor

Also try https://www.entitledto.com

tufty1964

wondering if any one can help, my dad has just rung and he's panicking, he's had a letter from pension credits, (haven't read it so not sure what it's about) I didn't realise he was still getting pension credit as last year they sold their house and got £49k, they gave me and my brothe 6k each and split the rest betwen him and my mum, I think they have about £16k each in the bank. Dad said that pension credit just pay it and he diidn't realise he shouldn't get it, he is rather forgetful at 77. The ironic thing is him and mum live seperate lives and have seperate rooms and don't speak to each other, they only share the kitchen and bathroom, but I suppose that would be hard to prove. What I'd like to know is will dad be in big trouble over the pension credits, I think he was legally entitled to them before they sold their house in december last year, he hasn't claimed housing or council tax benefit, he gets about £130 a week pension (inc pension credits) and £330 a month private pension, he pays full rent and council tax, mum get about £60 a week, Please can some one advise me what to do. Wouls it be ok to just ring them and explain dad didn't realise he wasn't entitled to it and just offer to pay back the overpayment? Thanks

dunstonh

What I'd like to know is will dad be in big trouble over the pension credits

No. However, if may face a demand for a repayment of what was overpaid. The gifts to you and your brother could be classed as deprivation of assets and they may (and probably will) claw those back into the calculation. So, you may have to pay those back to your parents so they get benefit of them.

There isnt normally a penalty involved. So, he shouldnt be concerned if he has the funds to cover the overpayment.

edit added: I make the above comment on the assumption that a review has come up and that is why it is now an issue.

anmarj

tufty1964 wrote: »

wondering if any one can help, my dad has just rung and he's panicking, he's had a letter from pension credits, (haven't read it so not sure what it's about) I didn't realise he was still getting pension credit as last year they sold their house and got £49k, they gave me and my brothe 6k each and split the rest betwen him and my mum, I think they have about £16k each in the bank. Dad said that pension credit just pay it and he diidn't realise he shouldn't get it, he is rather forgetful at 77. The ironic thing is him and mum live seperate lives and have seperate rooms and don't speak to each other, they only share the kitchen and bathroom, but I suppose that would be hard to prove. What I'd like to know is will dad be in big trouble over the pension credits, I think he was legally entitled to them before they sold their house in december last year, he hasn't claimed housing or council tax benefit, he gets about £130 a week pension (inc pension credits) and £330 a month private pension, he pays full rent and council tax, mum get about £60 a week, Please can some one advise me what to do. Wouls it be ok to just ring them and explain dad didn't realise he wasn't entitled to it and just offer to pay back the overpayment? Thanks

Does he have an Assessed Income period? If so he does not need to report an increase in his capital until the review comes up. Moving address is not a life changing event. If his review is due then he will need to tell them what he has done with the money and an SDM would have to deceide if deprivation has occured.

Brodiebobs

I'd just like to ask if anyone has any knowlege of this subject, similar to above really.

My gran died in Nov 09. my mum, the executor has just received a letter today saying gran was overpaid pension credits to the sum of £2800 from 2005-her death.
It stems from the fact she sold her house in 2005 and gained 80,000 but this paid for her place in a private care home which she self funded. On her death there was only 12,000 left.

We understand if she owes the money we will have to pay back but mum has always been honest and she told them of the money, and was asked to send bank statements at the time to prove she had fund to pay for her care, and is upset its took so long for them to decide this.

Mum just wants to pay it but i think we should argue that its their error not reducing and/or stopping the payments... any advice?

Pollycat

Brodiebobs wrote: »

I'd just like to ask if anyone has any knowlege of this subject, similar to above really.

My gran died in Nov 09. my mum, the executor has just received a letter today saying gran was overpaid pension credits to the sum of £2800 from 2005-her death.
It stems from the fact she sold her house in 2005 and gained 80,000 but this paid for her place in a private care home which she self funded. On her death there was only 12,000 left.

We understand if she owes the money we will have to pay back but mum has always been honest and she told them of the money, and was asked to send bank statements at the time to prove she had fund to pay for her care, and is upset its took so long for them to decide this.

Mum just wants to pay it but i think we should argue that its their error not reducing and/or stopping the payments... any advice?

Brondibobs
I don't know if it still applies but if you've been honest with them about income and any changes in circumstances but they've not done anything about it, you might not have to repay an overpayment.

I got involved with a Working TC & Child TC overpayment issue that my Sis & BIL had some years ago.
I found a 'Code of Practice' leaflet COP26 - probably sent with some of the WTC & CTC notices that said:


If we fail to meet our responsibilities, but you meet all of yours, we won’t ask you to pay back all of an overpayment caused by our failure.

I managed to get therm to admit that they HAD failed to meet their responsibilities and they wrote off the £3K overpayment.

If your Mum told them about your gran's change of circumstances (and has proof of that) I'd be inclined to reply to that effect and say that any overpayment was caused by their failure to meet their responsibilities as they didn't act on information provided to them about a change in your Gran's circumstances.

This is only my opinion and what I would do in your circumstances - someone will probably be along with a more 'legal' response.

Regards

sleepless_saver

But did she actually tell the Pension Service about the £80000? If they didn't know about it they can't be blamed for not having acted earlier.

For assessing care costs she would have had to tell the local authority that she had this capital, but they have nothing to do with her pension credit.

dunstonh

But did she actually tell the Pension Service about the £80000? If they didn't know about it they can't be blamed for not having acted earlier.

This is likely to be the problem. If the pension credit people knew she had £80,000 arrive then they would have adjusted the tax credits from the next available point. If they didnt know until now, they would request a repayment.

If she did tell them and they didnt act then it may be classed that they failed to meet their responsibilities. When did she have her last pension credit review?