I have a couple where one is over 60 and on IB and DLA and the wife is under 57 and claims CA. The wife has 2 private pensions that she could claim now but if she waits until she is 60 she will obviously receive more per week from them. If she chose to receive her pensions now the couple would not be eligible for PC so it would make sense for her not to receive them and claim PC instead - this isnt deprivation of income is it? p879 CPAG seems to say that the failure to apply for income does not apply of you are under 60 - can someone just confirm that for me? Thanks

The IS Regs say:

42.—(1) A claimant shall be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to income support or increasing the amount of that benefit.

(2A) Except in the case of— .....
....
(h) occupational pension scheme



The SPC Regs state:

18. - (1) A claimant who has attained the qualifying age shall be treated as possessing -

(b) income from an occupational pension scheme which the claimant elected to defer.


As a matter of common sense, this seems appropriate because claimants should not be forced to apply for occ pensions before they reach retirement age, surely. However, there are issues of discrimination due to disperate pensionable ages. However, these have been dismissed by the judiciary in the past.

hope that helps

Thanks! thats what I thought but you can never rely on the DWP using common sense!