Pension credit query

mardatha

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS48_Pension_Credit_fcs.pdf?dtrk=true

Froglet

suelees1 wrote: »

I'm sorry to be the bearer of bad news but he's not old enough to get Guarantee Pension Credit as the goal posts have moved. There are some websites which can give you the earliest date he might be entitled as it will depend on his birthday

I have put his date of birth in to the online forms you can fill in and they have definitely stated he is eligible.

Mind you, as you say,they are moving the goalposts on these things all the time.I should have retired in 18 months time,now it will be another 5 years!! and hubby should have qualified for a winter fuel payment at least for this winter but he was 2 weeks too late.Nothing seems to match with what you qualify for,he did at least get free prescriptions at 60.It's so complicated and confusing.

xylophone

http://www.benefitsnow.co.uk/pc/index.asp
http://www.benefitsnow.co.uk/pc/income.asp
http://www.ageuk.org.uk/money-matters/claiming-benefits/pension-credit/
http://www.litrg.org.uk/Migrant/migration-2010-01-28/news/2005/state-pension-to-defer-or-not-to-defer-part-2

suelees1

I didn't check as didn't know his birthday so hope I was wrong. I shouldn't put comments on here without checking.

You really do need to look at his pensions though as if he can access them is likely to be seen as notional capital/income if he decides not to draw them.

Good luck with it

Froglet

Thank you so much xylophone,the benefits now website is really good,explains everything in depth.My question about taking pensions into consideration has now been answered.

If you are not already taking a private or occupational pension when you claim,the value of them are not taken into account,and you are not forced to take them either.

I am still hoping it won't come to it but things are getting worse daily.

Pollycat

Froglet
Your worry about your OH, his job problems and your financial future comes across loud and clear.

There's been some conflicting information about your entitlement to pension credit.
I've not read the links provided by xylophone but I hope you now know where you stand.

I hope you make the decision that makes you and your OH happy.
Do let us know.

And don't forget that if your OH isn't at work, you'll maybe be saving on his travel costs, lunches etc (although there may be additonal heating costs at home).
And maybe he can do the shopping, housework etc giving you a break.

Froglet

Thank you so much for your support Polly cat.It's not as if we haven't been here before.7 years ago he got so stressed he gave up work,and we had no benefits for 3 months,but he did get occasional work with an agency until he got another job.

2 years ago he was asked if he'd like to to go and work for a firm by a friend,with better pay etc.He did and was very happy there.

4 months later the place went into administration.That was a horrible shock,no one saw it coming.At least he could then sign on for job seekers.It took another 3 months to get a job,low pay and long distance travel but at least it was work.Then he found the current one more local,slightly better pay.It all went well until the current manager took over and she seems hell bent on makng everyone's life a misery.But she has turned the unprofitable workplace around and so the higher big wigs don't listen,even when others have complained about her.

No wonder he feels he has little choice but to get out.

Whiteknight

Froglet wrote: »

Thank you so much xylophone,the benefits now website is really good,explains everything in depth.My question about taking pensions into consideration has now been answered.

If you are not already taking a private or occupational pension when you claim,the value of them are not taken into account,and you are not forced to take them either.

I am still hoping it won't come to it but things are getting worse daily.

I can assure you the statement I have I've highlighted above is not correct. If your husband has paid into a private pension that is not paying him he will have to complete a form (This is a PPR1) this form is then sent to his pension providers who will complete it and this will give details regarding whether the pension could be paid and how much would be paid.

If the pension cannot be claimed early then nothing further will happen, if however it comes back and states that he could claim something the Pension Service will ask him if he intends to claim the pension, if he intends to claim the pension they will give him the time to do this.

If he does not want to claim the pension (some don't as the amount they would get is reduced if they take it early) they will make a notional income decision and include that figure in any assessment.

If he is still paying in to the private pensions that a whole different thing.

Pretty much what I said before but seeing that you have found information that is not correct thought I would mention it again.

Froglet

xylophone wrote: »

http://www.benefitsnow.co.uk/pc/index.asp
http://www.benefitsnow.co.uk/pc/income.asp

from the above website,this what is stated,in regard to capital that is or isn't taken into consideration when claiming pension credit.

Capital that will be disregarded.

Capital that is disregarded indefinitiely;

• annuities which are defined as fixed sums "payable at specified intervals for a premium paid either by instalments or in a single payment and normally taken out to provide an income in retirement". Annuities are only ignored when determining deemed weekly income;
• One-off age-related payments;
• The assetts of a business if the claimant owns some or all of the assetts and works in the business as a self-employed earner. Business assetts will be disregaded for a reasonable period to allow them to be sold if the claimant owns some or all of the assetts and has stopped working in the business as a self-employed earner;
• Bank charges or commission that a claimant has to pay when changing foreign capital into sterling;
• lump sums that are payable when a claimant has deferred his or her entitlement to the state retirement pension;
• the value of the house that you live in. This can still be disregarded even though the property is not occupied for a time provided that you intend to return to live there. In some circumstances the value of a second home can also be disregarded but the value of a property bought as an investment opportunity, a weekend retreat or a country cottage will not be disregarded;
• the value of a funeral plan contract;
• any future interest in capital;
• the surrender value of any life insurance policy which is still in force;
• any investments which include some life insurance so long as the agreement states how payment on death is worked out;
• the value of the right to receive income under a life interest or from a life rent;
• the amount of any payment made to you or you partner as a result of any personal injury. Any amount awarded for personal injury which is administered by the courts or by a trust is also indefinitely disregarded;
• any payment made by the Secretary of State after 1.2.2001 for the internment or imrpisonment of
  • you; or
  • your partner; or
  • your deceased spouse or deceased civil partner; or
  • your partner's deceased spouse or deceased civil partner;
  by the Japanese during the Second World War;
• any trust payments made to persons diagnosed with variant Creutzfeld Jakob disease. This disregard only applies during the lifetime of the person with variant Creutzfel Jakob disease;
• the value of the right to receive income from an occupational pension scheme or a personal pension or under a retirement annuity contract;
• all personal possessions such as clothing, jewellery and cars;
• the value of any premises which are lived in by a close relative who is over 60 and incapacitated. A close relative is defined as a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, stepparent, stepson, stepson-in-law, stepdaughter, stepdaughter-in-law, brother, brother-in-law, sister, sister-in-law, grand parent, grandchild, uncle, aunt, nephew or niece. The term "incapacitated" is not defined- the DWP suggests that those in receipt of (or who qualify for) any of the disability benefits should indicate incapacity;
• the value of any right to receive rent except where you or your partner have a reversionary interest in the property for which the rent is due;
• any payment to compensate for the fact that you or your partner or your deceased spouse or deceased civil partner or your partner's deceased spouse or deceased civil partner:
  • was a slave labourer; or
  • was a forced labourer; or
  • had suffered property loss; or
  • had suffered personal injury; or
  • was a parent of a child who had died.
  during the Second World War. This disregard does not apply to payments of War Disablement Pension or War Widow's Pension;
• any one-off payments made from the Independent Living Funds;
• any one off payment made from the Macfarlane Trusts, the Fund, the Eileen Trust, the Skipton Fund or the London Bombings Relief Charitable Fund;
• the value of property held on trust provided that payments can be made from the trust to you or your partner (or both of you).

So you can see why i took it to mean any pensions would be safe to be disregarded.I am quite concerned now.I think the next stage is to ring them up.May i ask how you know otherwise,White Knight?

anmarj

whiteknight is correct, if your husband has entitlement to a pension that could be taken now and he is not and delaying it, then it can be taken into account as notional income. You are looking at it as capital and it is not.


Deprivation of income
85408 DMs should treat claimants as receiving income that they have deprived themselves of for the purpose of gaining entitlement to or increasing the amount of SPC payable1, unless the circumstances in DMG 85409 - 85410 or 85426 - 85431 apply. 1 SPC Regs, reg 18(6)


Occupational pension schemes - notional income
85453 A claimant who has reached qualifying age for SPC (see DMG 77032) and has entitlement to an occupational pension but who has elected to defer payment should be treated as possessing the amount of occupational pension he could expect to receive if he applied for it1, but only from the date it could be expected to be acquired if a claim was made.
Note: See DMG 85455 et seq. where a claimant fails to secure money purchase benefits under an occupational pension scheme.
1 SPC Regs, reg 18(1D)