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HB and Private pension

edited 30 November -1 at 1:00AM in Housing benefit help
1 reply 33.1K views
sybseysybsey Forumite
1 posts
edited 30 November -1 at 1:00AM in Housing benefit help
Hi my father in law died 2 years ago and left my mother in law(54) with a private pension that she decided to get monthly, she has also been receiving other benefits ( housing and council tax Benefit and Job seekers), she was told there was no reason why she couldn't work even though she needs a hip replacement:mad:

After a visit from the Dss last week they told her that she was not entitled to any benefits because she receives a private pension of £400 a month and that she will have to pay all the benefits back, so after adding up all her outgoings e.g rent, council tax, gas (meter), electric (meter), water +(arrears) and debts she will be left with £42 a week for food and clothes, and to top it off the council have mentioned something about a charge because she is in a 2 bedroom house but she does not feel ready to move yet.
We live 2 hours away and are not in situation where we can financially help her.
Is there nothing she can do?

Regards
Sybsey

Replies

  • CAB_Wyre_Forest_representativeCAB_Wyre_Forest_representative Organisation Representatives - Private Messages may not be monitored
    117 posts
    sybsey wrote: »
    Hi my father in law died 2 years ago and left my mother in law(54) with a private pension that she decided to get monthly, she has also been receiving other benefits ( housing and council tax Benefit and Job seekers), she was told there was no reason why she couldn't work even though she needs a hip replacement:mad:

    After a visit from the Dss last week they told her that she was not entitled to any benefits because she receives a private pension of £400 a month and that she will have to pay all the benefits back, so after adding up all her outgoings e.g rent, council tax, gas (meter), electric (meter), water +(arrears) and debts she will be left with £42 a week for food and clothes, and to top it off the council have mentioned something about a charge because she is in a 2 bedroom house but she does not feel ready to move yet.
    We live 2 hours away and are not in situation where we can financially help her.
    Is there nothing she can do?

    Regards
    Sybsey

    If your mother in law's sole income is her private pension of £400pm, then she should be able to expect some help through HB and CTB. You can put her detailed circumstances into this calculator and see for yourselves: http://www.turn2us.org.uk/
    I take it that she has been making herself available to work in order to be able to claim JSA - you would have to put this information into the calculator.
    If, as you say, the DWP are saying that they will want a repayment of benefits paid, then I urge you to get your mother in law to make an appointment at her local CAB (https://www.citizensadvice.org.uk) in order to get comprehensive advice. Also, it looks like that your mother in law has not declared her private pension - so she would have been overpaid benefit. Not only may she have to pay back but the DWP may well consider that she has defrauded them. Therefore she does need advice directly from an expert.
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