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date: Wed, 22 Aug 2007 08:59:12 -0000,    group: uk.gov.social-security        back       
Selling of home   
Can anyone please advise?
My aunty has had to sell her home as it was highly unsuitable for her
and has gone to live in assisted sheltered accomodation.
She receives Pension Credit and it is assessed until August 2009
I know her PC wont be affected until that date and also presume she
will have to pay full rent and community charge because she has the
capital from her home (£60,000)
However she is 74 and wants to travel!  If she travels alot would she
be penalised because she has spent her money  when she is reassessed
in 2009?
I really feel at her age, if she wants to splash out and live a life
whist she can (she isnt very well at all) then who can honestly
penalise her?
Any information will help.
Debs
date: Wed, 22 Aug 2007 08:59:12 -0000   author:   unknown

Re: Selling of home   
On Wed, 22 Aug 2007 08:59:12 -0000, skijet41@yahoo.com wrote:

>Can anyone please advise?
>My aunty has had to sell her home as it was highly unsuitable for her
>and has gone to live in assisted sheltered accomodation.
>She receives Pension Credit and it is assessed until August 2009
>I know her PC wont be affected until that date and also presume she
>will have to pay full rent and community charge because she has the
>capital from her home (£60,000)
>However she is 74 and wants to travel!  If she travels alot would she
>be penalised because she has spent her money  when she is reassessed
>in 2009?

Can she travel on her own? Would she be paying for a companian to
travel with her?

>I really feel at her age, if she wants to splash out and live a life
>whist she can (she isnt very well at all) then who can honestly
>penalise her?
>Any information will help.
>Debs
-- 
http://www.orderonlinepickupinstore.co.uk
Ah fetch it yourself if you can't wait for delivery
http://www.freedeliveryuk.co.uk
Or get it delivered for free
date: Wed, 22 Aug 2007 10:44:03 +0100   author:   Mogga

Re: Selling of home   
On 22 Aug, 10:44, Mogga  wrote:
> On Wed, 22 Aug 2007 08:59:12 -0000, skije...@yahoo.com wrote:
> >Can anyone please advise?
> >My aunty has had to sell her home as it was highly unsuitable for her
> >and has gone to live in assisted sheltered accomodation.
> >She receives Pension Credit and it is assessed until August 2009
> >I know her PC wont be affected until that date and also presume she
> >will have to pay full rent and community charge because she has the
> >capital from her home (£60,000)
> >However she is 74 and wants to travel!  If she travels alot would she
> >be penalised because she has spent her money  when she is reassessed
> >in 2009?
>
> Can she travel on her own? Would she be paying for a companian to
> travel with her?
>
> >I really feel at her age, if she wants to splash out and live a life
> >whist she can (she isnt very well at all) then who can honestly
> >penalise her?
> >Any information will help.
> >Debs
She will have to pay for a companion as she has emphysaemia along with
other medical problems, Im afraid. She wants a cruise and also to
visit family in Australia for starters and then onto USA where other
family are. I know she has ambitious plans but as I stated at 74 with
severe medical problems who can possibly blame her?
She has never claimed benefits (except PC) in her entire life and has
worked very hard since she was 14yrs old.  It is her money from her
home - a home which she worked to pay for - so in most peoples
opinions she deserves to spend it on herself on a (possibly) last
holiday splurge.  Hence my question about would it be considered as
her deliberately spending her capital ?
Cheers
Debs
>
> --http://www.orderonlinepickupinstore.co.uk
> Ah fetch it yourself if you can't wait for deliveryhttp://www.freedeliveryuk.co.uk
> Or get it delivered for free
date: Wed, 22 Aug 2007 18:09:03 -0000   author:   unknown

Re: Selling of home   
On Aug 22, 7:09 pm, skije...@yahoo.com wrote:
> On 22 Aug, 10:44, Mogga  wrote:
>
>
>
> > On Wed, 22 Aug 2007 08:59:12 -0000, skije...@yahoo.com wrote:
> > >Can anyone please advise?
> > >My aunty has had to sell her home as it was highly unsuitable for her
> > >and has gone to live in assisted sheltered accomodation.
> > >She receives Pension Credit and it is assessed until August 2009
> > >I know her PC wont be affected until that date and also presume she
> > >will have to pay full rent and community charge because she has the
> > >capital from her home (£60,000)
> > >However she is 74 and wants to travel!  If she travels alot would she
> > >be penalised because she has spent her money  when she is reassessed
> > >in 2009?
>
> > Can she travel on her own? Would she be paying for a companian to
> > travel with her?
>
> > >I really feel at her age, if she wants to splash out and live a life
> > >whist she can (she isnt very well at all) then who can honestly
> > >penalise her?
> > >Any information will help.
> > >Debs
>
> She will have to pay for a companion as she has emphysaemia along with
> other medical problems, Im afraid. She wants a cruise and also to
> visit family in Australia for starters and then onto USA where other
> family are. I know she has ambitious plans but as I stated at 74 with
> severe medical problems who can possibly blame her?
> She has never claimed benefits (except PC) in her entire life and has
> worked very hard since she was 14yrs old.  It is her money from her
> home - a home which she worked to pay for - so in most peoples
> opinions she deserves to spend it on herself on a (possibly) last
> holiday splurge.  Hence my question about would it be considered as
> her deliberately spending her capital ?
> Cheers
> Debs
>
>
>
>
>
> > --http://www.orderonlinepickupinstore.co.uk
> > Ah fetch it yourself if you can't wait for deliveryhttp://www.freedeliveryuk.co.uk
> > Or get it delivered for free- Hide quoted text -
>
> - Show quoted text -- Hide quoted text -
>
> - Show quoted text -

Unlikely but possible but if it is she would prob win at appeal.  The
holiday itself is not a problem paying for someone else to accompany
he will make the holiday far more expensive and more likely to attract
scrutiny.  All that said unless she tells the pension service she had
60k it's unlikely they'll pick up on it in 2009.

One think she should do is keep receipts for major expenditure and
bank statements from when the money was deposited in her account.  If
she's asked to account for the money she will need these.

Plse remember if she is out of the UK for more than 28 days (excluding
day of departure and arrival) her PC claim will end.  This will mean
her making a new claim and the AIP will end so the capital may affect
much sooner.

Not sure how the council will view this should her condition take a
turn for the worst in a year or so and she req a care home.

Mike
date: Wed, 22 Aug 2007 23:37:22 -0700   author:   Mike

Re: Selling of home   
skijet41@yahoo.com wrote:
> Can anyone please advise?
> My aunty has had to sell her home as it was highly unsuitable for her
> and has gone to live in assisted sheltered accomodation.
> She receives Pension Credit and it is assessed until August 2009
> I know her PC wont be affected until that date and also presume she
> will have to pay full rent and community charge because she has the
> capital from her home (£60,000)
> However she is 74 and wants to travel!  If she travels alot would she
> be penalised because she has spent her money  when she is reassessed
> in 2009?
> I really feel at her age, if she wants to splash out and live a life
> whist she can (she isnt very well at all) then who can honestly
> penalise her?
> Any information will help.
> Debs
> 
As far as HB abd CTB are concerned, she would have to spend a lot to get 
under the upper threshold of £16,000 to qualify. Having said that, it is 
in theory fine to spend her money, unless she does so in order to 
increase her benefit. If the LA decides that, they will treat her as 
still having the capital. In practise, it is hard for the LA to prove 
that a claimant deliberately spent money to increase their benefit, so 
these usually win on appeal. Even if not the LA should reduce the 
notional capital every 13 weeks to take account of the amount she loses 
in benefit. (This is called a diminishing capital calculation and it 
terrifies benefit officers).
I would go on the holiday if I were her. If that is her reason for 
spending the money she is ok. She shoudl keep evidence of how it was 
spent, just in case. She should check about her PC too.
date: Fri, 24 Aug 2007 00:47:53 +0100   author:   anthonyberet lid

Re: Selling of home   
In message , 
skijet41@yahoo.com writes
>Can anyone please advise?
>My aunty has had to sell her home as it was highly unsuitable for her
>and has gone to live in assisted sheltered accomodation.
>She receives Pension Credit and it is assessed until August 2009
>I know her PC wont be affected until that date

Yes.  She is in an "assessed income period" (AIP) during which any 
increase in income, or capital, will not reduce her PC entitlement.

>and also presume she
>will have to pay full rent and community charge because she has the
>capital from her home (£60,000)

Your presumption may be erroneous.

She may be getting Guarantee Pension Credit, or Savings Pension Credit 
or both.  She can be in an AIP whatever form of PC she receives.

If she is in receipt of Guarantee Pension Credit (with or without 
Savings Credit) then she is "passported" to full entitlement to housing 
benefit (which helps with rent) and council tax benefit (which helps 
with council tax.  (You refer to community charge but the unlamented 
community charge or "poll tax" was abolished about 15 years ago).  So 
she should end up with no rent or council tax to pay on her new 
accommodation.

If she is in receipt of Savings Pension Credit only then she is not 
"passported" to full entitlement to housing benefit and council tax 
benefit. The usual £16,000 limit which rules people out of these 
benefits altogether still applies.  So she might well end up without any 
help with rent or council tax on her new accommodation.

>However she is 74 and wants to travel!  If she travels alot would she
>be penalised because she has spent her money  when she is reassessed
>in 2009?
>I really feel at her age, if she wants to splash out and live a life
>whist she can (she isnt very well at all) then who can honestly
>penalise her?

Those claiming PC are not currently asked on their claim form whether 
they have had capital and disposed of it, so the issue of "voluntary 
deprivation" may not arise.  The policy intention (for what that is 
worth) is that PC claimants will not be asked that question in future 
versions of the claim form either.

Clive

-- 
Clive Martin
my email address is cliveatcmartindotdemondotcodotuk
date: Fri, 24 Aug 2007 17:04:09 +0100   author:   Clive Martin

Re: Selling of home   
On 24 Aug, 17:04, Clive Martin  wrote:
> In message ,
> skije...@yahoo.com writes
>
> >Can anyone please advise?
> >My aunty has had to sell her home as it was highly unsuitable for her
> >and has gone to live in assisted sheltered accomodation.
> >She receives Pension Credit and it is assessed until August 2009
> >I know her PC wont be affected until that date
>
> Yes.  She is in an "assessed income period" (AIP) during which any
> increase in income, or capital, will not reduce her PC entitlement.
>
> >and also presume she
> >will have to pay full rent and community charge because she has the
> >capital from her home (£60,000)
>
> Your presumption may be erroneous.
>
> She may be getting Guarantee Pension Credit, or Savings Pension Credit
> or both.  She can be in an AIP whatever form of PC she receives.
>
> If she is in receipt of Guarantee Pension Credit (with or without
> Savings Credit) then she is "passported" to full entitlement to housing
> benefit (which helps with rent) and council tax benefit (which helps
> with council tax.  (You refer to community charge but the unlamented
> community charge or "poll tax" was abolished about 15 years ago).  So
> she should end up with no rent or council tax to pay on her new
> accommodation.
>
> If she is in receipt of Savings Pension Credit only then she is not
> "passported" to full entitlement to housing benefit and council tax
> benefit. The usual £16,000 limit which rules people out of these
> benefits altogether still applies.  So she might well end up without any
> help with rent or council tax on her new accommodation.
>
> >However she is 74 and wants to travel!  If she travels alot would she
> >be penalised because she has spent her money  when she is reassessed
> >in 2009?
> >I really feel at her age, if she wants to splash out and live a life
> >whist she can (she isnt very well at all) then who can honestly
> >penalise her?
>
> Those claiming PC are not currently asked on their claim form whether
> they have had capital and disposed of it, so the issue of "voluntary
> deprivation" may not arise.  The policy intention (for what that is
> worth) is that PC claimants will not be asked that question in future
> versions of the claim form either.
>
> Clive
>
> --
> Clive Martin
> my email address is cliveatcmartindotdemondotcodotuk

Thank you all so much for the guidance.
After reading Clives advice I looked at her latest statement from The
Pension Service.
I see she is receiving both Guarantee Credit and Savings credit. I
apologise for being shortsighted with all of this but did I read Clive
right that, because she has both of these pension credits she won't
pay any rent or council tax (please excuse my going back 15yrs with
community tax/council tax but I just pay my £86 a month and dont look
at the name) - even after she sells her home?
Sorry to bug you with all of this but we really need to understand her
entitlements or not:)
Regards
Debs
date: Fri, 24 Aug 2007 21:10:21 -0000   author:   Golder

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