SIPP pension scheme penalised?

Owen_Kric

zagfles wrote: »

Do you have income over £12,000? If not there is no way they can treat the SIPP as capital because you can't access it all.

Thanks. Do you mean - do I have an income from the SIPP? The answer is a categorical 'no'.

"SIPP as capital" - But that is exactly what they are saying - they are classifying the entire SIPP pension fund as capital, which pushes me over the 16K rule. That is the justification they have used for stopping all my benefits :-|

All you could do is take an income from it as capped drawdown or buy an annuity, and that would be income not capital, and so covered by the rule xylophone quotes above.

And I very much doubt they could treat the SIPP as capital even if you did have an income over £12k.

I am a registered carer and consequently 'low waged' about 3K pa - which is why I need HB and CT Benefit. The pension scheme is a pension fund & I don't touch it or derive income from it, or I will have nothing later on.

Meanwhile, I am now being persecuted by local government under the heading 'benefits'. Will I get justice? Will the pension fund notification I quoted from finally satisfy these people & end this dreadful anxiety they are putting me through please?

Thanks again,

Owen

Owen_Kric

xylophone wrote: »

Are you able to make an appointment with a benefits expert at the CAB?

Thanks. I have formally written to the CAB enclosing copies of my letters to the council and theirs to me. Living in a large city, I worry though that the CAB must be drowning under requests for help, since so many legal aid charities have been forced to close since the government withdrew funding. But yes I have notified the CAB and Age UK charity of my plight due to the council.

Owen

zagfles

Owen_Kric wrote: »

Thanks. Do you mean - do I have an income from the SIPP? The answer is a categorical 'no'.

"SIPP as capital" - But that is exactly what they are saying - they are classifying the entire SIPP pension fund as capital, which pushes me over the 16K rule. That is the justification they have used for stopping all my benefits :-

What I meant was do you have any other income up to £12k, because if you do then you have full access to the SIPP ("flexible drawdown"). If you don't - they can't possibly count the SIPP as capital because you can't access it as capital. You can only take a limited income from it as above.

I am a registered carer and consequently 'low waged' about 3K pa - which is why I need HB and CT Benefit. The pension scheme is a pension fund & I don't touch it or derive income from it, or I will have nothing later on.

Meanwhile, I am now being persecuted by local government under the heading 'benefits'. Will I get justice? Will the pension fund notification I quoted from finally satisfy these people & end this dreadful anxiety they are putting me through please?

Thanks again,

Owen

It sounds like you've just got someone totally clueless dealing with your HB claim - as well as the CAB suggest you follow whatever the appeals process is for HB with the council - there are some HB experts on here who should be able to give advice on this.

Owen_Kric

zagfles wrote: »

It sounds like you've just got someone totally clueless dealing with your HB claim...

Thanks Zagfles,

'Clueless' sounds like the right word, I am going up there now. Will update.

Owen

Owen_Kric

Update:

I duly submitted all relevant documents by hand to the Benefits Office on June 10th. I was told I'd have to wait 1 month for a revised decision on my claim. It is now August 11th and no revised decision is forthcoming - over two months have passed during which I have contacted the CAB and written numerous letters to the council, emails and made phone calls. I have had no response other than the voice at the other end of the line promising 'urgent emails' being sent to 'the team' only to be told subsequently that the 'team' haven't responded and they are sending more urgent emails to them.

CAB didn't actually comment but sent me relevant extracts from "HB/CTB Guidance Manual 'Disregarded Capital'," and HB Regulations 2006 No.213, Schedule 6 'Capital to be disregarded' to show me I should think that I am in the right. I wrote back and asked them if I qualified for legal support / representation?

Because, in the meantime I have received a court summons for Council Tax non-payment. Presumably I will receive similar from the ex-landlord (I have moved) shortly if the council allow their erroneous decision over my pension to drag on.

If I am dragged to court I imagine ultimately it will be the council in the dock over their incompetence?

Advice appreciated.

Thanks,

Owen

Mersey_2

At the very least email the Council Benefits dept and ask that the matter be escalated. Also mention the summons and that date for any court appearance, as they may be able to put on hold any enforcement, if a decision on payment - and backdated monies - is due.