Terms & Conditions

[mfeasey]

I have a claim where there is an occupational pension being paid to the children of a dec’d chap care of the mother’s bank account. In most cases children’s income is ignored however there is a strange passage in the guidance manual stating that if an Occ Pen is held is trust it is treated as income. Whose income? The child? The mother? If it is treated as the income of the child is it disregarded? Please help I do not have an analytical brain today. One of you must know the answer.
😕

[markp]

Is it a dependant’s pension payable to the children in a case where the parent’s weren’t married, thereby the mother having no entitlement to an Occ. Pen in her own right?

If so, then I would say that it is children’s income and therefore falls to be disregarded.

If not then could it be seen as an attempt to divert income used to assess means – tested benefits into a source which normally be disregarded? I would therefore be inclined to include it as income of which the claimant has deprived herself if this latter situation is correct.

Hope this helps.

Do I know what I'm doing? The jury's out on that........................

[mfeasey]

It appears that the father opted for the pension to be payable to his children split in equal parts between them and his wife. Basically they each get a portion but this is £50 each per week so quite a substantial pension.

[markp]

I think you may need to contact the pension provider. Could any/all of this have been paid to the mother?

Once you have reply then perhaps you’d be in a better position to make the decision.

If there is an element payable to the mother that’s her income, but any amount in respect of the children is to be disregardrd unless you think it was done to avoid an income being taken into account in a claim. I appreciate that that’s not likely though.

Do I know what I'm doing? The jury's out on that........................

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