Discussion archive

Top Pension Credit topic #447

Subject: "AIP and jointly held property" First topic | Last topic
zoe
                              

advisor/administrator, age concern suffolk
Member since
11th Oct 2004

AIP and jointly held property
Mon 27-Jun-05 01:04 PM

Hi. Shall keep it brief - client, separated for 22 years, not divorced. Has jointly held property that has been empty and for sale since September 2004. Sale fell through, DWP cut PC in February and client now only gets £60.00 pw inc RP. However, AIP from 6.10.03 - 3.4.09.
I am aware of the 26 disregard for joint property, and that this can be extended. My question is - what is the effect of the AIP and can they cut benefit during the period of the AIP????

Urgent help please - client is 91 yo.

  

Top      

Replies to this topic
RE: AIP and jointly held property, zoe, 27th Jun 2005, #1
RE: AIP and jointly held property, SimonMee, 28th Jun 2005, #2

zoe
                              

advisor/administrator, age concern suffolk
Member since
11th Oct 2004

RE: AIP and jointly held property
Mon 27-Jun-05 01:46 PM

just to add - client lived in property for 21 years and only vacated on 4th July 2004. I'm guessing the Pension Service got it wrong but would appreciate comments. By the way, above post should have read 26 week disregard.

Thank you

  

Top      

SimonMee
                              

Welfare Rights Officer - Community Care Team, Nottinghamshire Welfare Rights Service
Member since
05th Feb 2004

RE: AIP and jointly held property
Tue 28-Jun-05 10:06 AM

Hi Zoe,

Assuming your client hasn't met any of the criteria for her AIP to end and she was transferred to Pension Credit from MIG on 6/10/03 (the length of the AIP suggests that this is the case), then the Pensions Service can not remove the AIP or take her former property into account as income.

The AIP was mandatory under regulation 36 of The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002. Changes to capital therefore should not therefore change her Pension Credit award.

I have a letter for a similar case detailing all the relevant regs which I can email you if give me your email address

  

Top      

Top Pension Credit topic #447First topic | Last topic