Backdated State Pension

saints1996

Hello,

I am currently going through my mother in laws finances and to see if she's getting the right benefits. On looking through these It's come to my attention she's not claimed her state pension for 10 years.

I have looked at the Pension website and it states you can only claim for 12 months backdated pension.

Is there any circumstances that you can claim back more then the 12 months? My mother in law claims pension credits and thought this was all she was entitled to. Therefore never claimed the state pension.

Any advice would be really appreciated.

Thanks

xylophone

Your mother in law is aged 70 and has never claimed her state pension?

Her state pension was automatically deferred.

Presumably DWP were aware of this?

http://www.entitledto.co.uk/help/State-Pension-Guide

Deferring your state pension and means-tested benefits

Deferring your state pension may have an effect on the way your entitlement to other benefits is calculated.

If you claim Pension Credit while you are deferring your state pension it will be calculated as if you were getting your state pension in full. If you are entitled to Pension Credit you will not build up extra state pension or lump sum for the period you are getting Pension Credit.


Your mother-in-law ( or you with her permission) should contact DWP.

saints1996

Hi,

Yes she's not claimed for 10 years. I know it's hard to believe but it is correct.

I phoned the pension service and they have now started payments from 21st March and are sending me a form about the last 10 years.

I am not great on the deffered procedure would you have time to elaborate further how this will work in her situation?

Just seen a guide on the governments website how pre 2016 is paid.

Thanks

xylophone

The normal situation is explained here

http://www.litrg.org.uk/tax-guides/pensioners-and-tax/what-state-pension-deferral

but your mother-in-law has been claiming pension credit - see link in my post above.

badmemory

But I sure normally they would pay pension credit as if you are taking any state pension you are entitled to. Although I would have thought that should appear somewhere in the calculation.

elmer

If she was on Pension credit and you claim her state pension, she will have to pay back all her Pension Credit payments instead, as it is an income top up, and her income would have been set at the Pension Credit level, whether she received her Pension or not. (it has been about £150.00 ish per week for many years)
So there is no point in attempting to claim a backdated state pension.
You can off course claim it going forward, but if she is still receiving Pension Credit and her pension is less than the Pension Credit level, she won't receive any extra income from her State Pension

elmer

xylophone

(it has been about £150.00 ish per week for many years)

Surely not?

http://217.35.77.12/CB/benefits/IS14PensionCreditApr2007.pdf

she will have to pay back all her Pension Credit payments instead,

Why?

anmarj

She will only get deferral for the period from 2007 and when the rules changed in April 2010, when if in receipt of Pension Credit, then deferral does not apply. A recovery of State Pension and Pension Credit will take place for that.

anmarj

https://www.gov.uk/deferring-state-pension/extra-state-pension-and-lump-sum-payments