Housing Benefit for pensioner

ldk8000

I have been receiving benefits since 2007, mostly recently ESA and HB.

When I reached State Retirement Age last year, the ESA payments stopped which I was expecting. The local Council informed me of a revised entitlement to HB and CTR. They wanted to know if I was due to receive any payments from a private pension after reaching pension age. I replied that I was not due to receive any such payments but, if that situation changed, I would provide the relevant information.

The Council is aware that I have a private pension and has continued to pay HB. Now that I have made a first withdrawal from my private pension, I intend to declare this to the Council but cannot find a definitive answer as to how they should treat the withdrawal (which is less than £10000) and the sum held in the pension.

I appreciate that I may well have to pay back some of the HB paid since reaching pension age. My concern is whether they will ask for the full amount of HB for that period to be paid back and the method used to pay back any overpayment, i.e. is it added to any revised Council Tax bill and paid off gradually or will it have to be paid back as one lump sum?

I am aware of the difference between income and capital in normal circumstances but do not understand how notional capital and notional income with regard to HB for pensioners should be treated by the Council. I have had problems with the CT and HB sections of the local Council in the past where they have misapplied the rules. Therefore, I want to be sure that I know the current rules for my present circumstances. Hope someone can help.

xylophone

They wanted to know if I was due to receive any payments from a private pension after reaching pension age. I replied that I was not due to receive any such payments but, if that situation changed, I would provide the relevant information.
The Council is aware that I have a private pension and has continued to pay HB. Now that I have made a first withdrawal from my private pension, I intend to declare this to the Council but cannot find a definitive answer as to how they should treat the withdrawal (which is less than £10000) and the sum held in the pension.

https://www.gov.uk/government/publications/pension-freedoms-and-dwp-benefits/pension-freedoms-and-dwp-benefits

Once you (or your partner) reach the qualifying age for Pension Credit, you are expected to use your pension or pensions to help support yourself.

If you choose not to buy an annuity after reaching the qualifying age for Pension Credit, an amount of ‘notional’ income will be taken into account when your benefit is worked out. ‘Notional’ income (in this case) is an amount equivalent to the income you would have received if you had bought an annuity.

If you take an income from your pension pot, the amount which will be taken into account when assessing your benefit will be the higher of the actual income or notional income. If you take a cash lump sum, this will be taken into account as capital.

It is your responsibility to tell DWP – and your local council where appropriate – if you or your partner take any money from your pension pot.

You don't say that you are on pension credit so presumably you are receiving a full NSP.

You are expected to use your PP to support yourself.

You need to advise the Council as to your situation as above.