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Pension schemes and Income related benefits
- robin.ord14@btinternet.com
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3 years 8 months ago #263034 by robin.ord14@btinternet.com
Pension schemes and Income related benefits was created by robin.ord14@btinternet.com
Here’s a few rather complicated questions regarding pensions and income related benefits.
I am receiving Income based ESA, PIP and full Council tax reduction. I have previous company pensions in final salary schemes.
I understand that pension scheme benefit rules are that pensions are disregarded until either the age of 75 or when benefits are drawn using only the drawn benefits to recalculate any entitlement to Income related benefits.
Under Pension Freedom more options are available regards pension schemes.
A Pension Drawdown plan is a pension investment where no annuity is taken and the pension fund is held in investments where the individual can withdraw whatever is required as and when it suits, even nothing, from the age of 55.
If I was to transfer these previous pensions schemes to a Pension Drawdown plan what would the situation be regards any affect on the current benefits in light of :
a. What is the DWP view on these schemes and if they are still under the pension scheme rules as detailed above and same regards Council for Council tax relief.
b. Utilising some of the lump sum available to put towards my existing house equity if selling my current property to buy a property more suitable to my condition.
c. Utilising occasional lump sum withdrawals to pay for legal fees to fund a court case and solicitors costs.
d. Utilising occasional lump sum withdrawals to fund a cheap used car, update clothes, holiday etc, all the none essential things I have had to do without for a long time.
e. Is there any guidance on how the savings amount which I believe is £6000 before income related benefits are affected, is viewed, in that if £3000 was held in savings previously but was used a year ago to pay off a personal loan, so is no longer available and an amount of £5000 is withdrawn from the Pension to put into a current account, would the savings amount be deemed to be the £5000 or the £5000 plus the previous £3000 totalling £8000 and therefore affecting benefits.
Thank you.
I am receiving Income based ESA, PIP and full Council tax reduction. I have previous company pensions in final salary schemes.
I understand that pension scheme benefit rules are that pensions are disregarded until either the age of 75 or when benefits are drawn using only the drawn benefits to recalculate any entitlement to Income related benefits.
Under Pension Freedom more options are available regards pension schemes.
A Pension Drawdown plan is a pension investment where no annuity is taken and the pension fund is held in investments where the individual can withdraw whatever is required as and when it suits, even nothing, from the age of 55.
If I was to transfer these previous pensions schemes to a Pension Drawdown plan what would the situation be regards any affect on the current benefits in light of :
a. What is the DWP view on these schemes and if they are still under the pension scheme rules as detailed above and same regards Council for Council tax relief.
b. Utilising some of the lump sum available to put towards my existing house equity if selling my current property to buy a property more suitable to my condition.
c. Utilising occasional lump sum withdrawals to pay for legal fees to fund a court case and solicitors costs.
d. Utilising occasional lump sum withdrawals to fund a cheap used car, update clothes, holiday etc, all the none essential things I have had to do without for a long time.
e. Is there any guidance on how the savings amount which I believe is £6000 before income related benefits are affected, is viewed, in that if £3000 was held in savings previously but was used a year ago to pay off a personal loan, so is no longer available and an amount of £5000 is withdrawn from the Pension to put into a current account, would the savings amount be deemed to be the £5000 or the £5000 plus the previous £3000 totalling £8000 and therefore affecting benefits.
Thank you.
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- Gary
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3 years 8 months ago #263061 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Pension schemes and Income related benefits
Hi Robin
Thank you for posting your questions, unfortunately it is way outside the scope of this forum.
What I would comment on is that as you are in receipt of IR ESA then any income taken from your pensions may be taken into consideration.
You do need to seek advice from a Welfare Rights Organisation: You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk alternatively Pension Wise may be able to help you on the Pension side www.pensionwise.gov.uk/en?gclsrc=aw.ds
Gary
Thank you for posting your questions, unfortunately it is way outside the scope of this forum.
What I would comment on is that as you are in receipt of IR ESA then any income taken from your pensions may be taken into consideration.
You do need to seek advice from a Welfare Rights Organisation: You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk alternatively Pension Wise may be able to help you on the Pension side www.pensionwise.gov.uk/en?gclsrc=aw.ds
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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3 years 8 months ago #263071 by denby
Replied by denby on topic Pension schemes and Income related benefits
Hi Robin, whatever you do please be very careful to keep clear records, bank statements , etc showing all actions. And very importantly keep receipts for all capital items eg a car, clothing, holiday, and as much as you can manage of routine stuff. A good way is simply stapling each till roll into an exercise book, where you can write next to it what it was for if it is not printed on it. All this may provide essential future proof against a DWP allegation of 'intentional deprivation of capital' .
Hope you can find adequate quality specialist advice,
Denby
Hope you can find adequate quality specialist advice,
Denby
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- keeptrying
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3 years 8 months ago #263076 by keeptrying
Replied by keeptrying on topic Pension schemes and Income related benefits
Trying to get accurate information about pensions and IR ESA - is almost impossible.
Especially if you ring the DWP.
What i would say is that I am pretty certain personal pensions/company pensions - are disregarded IF NOT IN PAYMENT - until you reach pension credit age (i.e. state pension age) which for me will be 67 . I am not sure where you got the 75yrs from.
If you receive or take pension payments BEFORE that, they will be considered as income/savings
and that usually includes 'one off' payments.
Once you are state pension age, you are expected to use pensions for support and they will be counted as 'notional' income (i.e. is available but not being used) even if you chose not to use them.
This info from AGE UK should tell you most/much of what you want to know
www.ageuk.org.uk/globalassets/age-uk/doc...and_benefits_fcs.pdf
But you need to find a welfare professional to advise you.
Especially if you ring the DWP.
What i would say is that I am pretty certain personal pensions/company pensions - are disregarded IF NOT IN PAYMENT - until you reach pension credit age (i.e. state pension age) which for me will be 67 . I am not sure where you got the 75yrs from.
If you receive or take pension payments BEFORE that, they will be considered as income/savings
and that usually includes 'one off' payments.
Once you are state pension age, you are expected to use pensions for support and they will be counted as 'notional' income (i.e. is available but not being used) even if you chose not to use them.
This info from AGE UK should tell you most/much of what you want to know
www.ageuk.org.uk/globalassets/age-uk/doc...and_benefits_fcs.pdf
But you need to find a welfare professional to advise you.
The following user(s) said Thank You: Gary
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