Child's pension after their dad's death

Cafuddlepants

I asked that question and the pension people said no , yes I have their paper work and also they've been given temporary NI numbers for this income , Im so anxious over this whole situation as I have read on the UC site that any income for children that is accessible is classes as income and can be deducted from my UC. It's hard enough being a single mum through no fault of my own and now with the added worry of this. We have been receiving the payments now nearly a year and I'm worried sick UC will find out and I will be in trouble .

marcia_

 The people on the UC and pension helpline are not benefits advisors and only know what is on the script in front of them and if it's not there they often make up answers on what they think the answer should be.

 If you are still concerned contact CAB or another welfare rights organisation near you. They will give you the correct answer 

Cafuddlepants

Thanks for your reply ,I contacted CAB and one lady said it will be classed as income and I said but surely my children's money which their father has left them upon his death shouldn't be used to pay the bills and for shopping ? As it's not my money he hasn't left it to me he's left it to 4 of his children , the older 2 are over 18 so they will get theirs paid direct. I think I will call the pension team tomorrow and ask them to either pay it to my mother who is their grandmother or hold it for them till they are 18 as this is causing my terrible anxiety , which I didn't ask for. Thanks so far for your advice x

HillStreetBlues

You can have money is an account as long as you can show that it isn't your money.
You will be classed as the legal owner of the money, but not the beneficial owner, that means that money should be ignored as part of your capital. 

Cafuddlepants

Ok Hill Street do I still need to report this to them or just if it arrises in a review ? As they have been receiving it nearly a year now and I've not notified them as I'm scared of what would happen

Flugelhorn

Cafuddlepants said:

Thanks for your reply ,I contacted CAB and one lady said it will be classed as income and I said but surely my children's money which their father has left them upon his death shouldn't be used to pay the bills and for shopping ? As it's not my money he hasn't left it to me he's left it to 4 of his children , the older 2 are over 18 so they will get theirs paid direct. I think I will call the pension team tomorrow and ask them to either pay it to my mother who is their grandmother or hold it for them till they are 18 as this is causing my terrible anxiety , which I didn't ask for. Thanks so far for your advice x

usually such money is for the maintenance of the children who no longer have income from the deceased parent so I can see why they might think it is household income. They may deduct it until the children are 18 and then you would be able to claim again with the reduced income. 
Whatever you do, you need to completely sure it is legal and you don't want an enormous bill to pay back

HillStreetBlues

You are better off informing them will proof it's not you money then a Decision Maker then should rule that money shouldn't be counted towards your capital, you can appeal if they don't.
 The DM guidance is here https://assets.publishing.service.gov.uk/media/65d336b3e1bdec2be1322238/admh1.pdf
With children it's

H1077 Capital owned either legally or benefcially by a dependent child or qualifying young person is not
to be included in the capital of the claimant1
. However, the DM may still need to make enquiries about
such capital if it appears to be owned by the claimant but is actually benefcially owned by a child or
young person for whom they are responsible.

and

H1078 Children and young people may not be the legal owners of the capital of which they are the
benefcial owners. This is because businesses, such as banks, will not enter into a contract with them. If
they are the benefcial owners and not the legal owners their capital will be held on trust by another
person

Flugelhorn

HillStreetBlues said:

You are better off informing them will proof it's not you money then a Decision Maker then should rule that money shouldn't be counted towards your capital, you can appeal if they don't.
 The DM guidance is here https://assets.publishing.service.gov.uk/media/65d336b3e1bdec2be1322238/admh1.pdf
With children it's

H1077 Capital owned either legally or benefcially by a dependent child or qualifying young person is not
to be included in the capital of the claimant1
. However, the DM may still need to make enquiries about
such capital if it appears to be owned by the claimant but is actually benefcially owned by a child or
young person for whom they are responsible.

and

H1078 Children and young people may not be the legal owners of the capital of which they are the
benefcial owners. This is because businesses, such as banks, will not enter into a contract with them. If
they are the benefcial owners and not the legal owners their capital will be held on trust by another
person

I don't think this isn't a capital payment though - it is a regular pension payment until the child finishes full time education

HillStreetBlues

Flugelhorn said:

HillStreetBlues said:

You are better off informing them will proof it's not you money then a Decision Maker then should rule that money shouldn't be counted towards your capital, you can appeal if they don't.
 The DM guidance is here https://assets.publishing.service.gov.uk/media/65d336b3e1bdec2be1322238/admh1.pdf
With children it's

H1077 Capital owned either legally or benefcially by a dependent child or qualifying young person is not
to be included in the capital of the claimant1
. However, the DM may still need to make enquiries about
such capital if it appears to be owned by the claimant but is actually benefcially owned by a child or
young person for whom they are responsible.

and

H1078 Children and young people may not be the legal owners of the capital of which they are the
benefcial owners. This is because businesses, such as banks, will not enter into a contract with them. If
they are the benefcial owners and not the legal owners their capital will be held on trust by another
person

I don't think this isn't a capital payment though - it is a regular pension payment until the child finishes full time education

It become capital, a child isn't part of the household as such, if at some point they need to claim UC it will be a new claim. You can only have a joint claim with a partner.

Flugelhorn

HillStreetBlues said:

Flugelhorn said:

HillStreetBlues said:

You are better off informing them will proof it's not you money then a Decision Maker then should rule that money shouldn't be counted towards your capital, you can appeal if they don't.
 The DM guidance is here https://assets.publishing.service.gov.uk/media/65d336b3e1bdec2be1322238/admh1.pdf
With children it's

H1077 Capital owned either legally or benefcially by a dependent child or qualifying young person is not
to be included in the capital of the claimant1
. However, the DM may still need to make enquiries about
such capital if it appears to be owned by the claimant but is actually benefcially owned by a child or
young person for whom they are responsible.

and

H1078 Children and young people may not be the legal owners of the capital of which they are the
benefcial owners. This is because businesses, such as banks, will not enter into a contract with them. If
they are the benefcial owners and not the legal owners their capital will be held on trust by another
person

I don't think this isn't a capital payment though - it is a regular pension payment until the child finishes full time education

It become capital, a child isn't part of the household as such, if at some point they need to claim UC it will be a new claim. You can only have a joint claim with a partner.

oh OK - just thinking back to when some relatives were in the same position, (not claiming benefits, but pension for minors) - it was made very clear to them that the money was to pay for their upbringing and education etc