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Pension Credit and Maintenance payments

 

AleksC
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Benefit Advisor McCarthy and Stone

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Joined: 3 December 2015

I have a client who pays maintenance to his ex-wife, which comprises half of his private pension.  If he applies for Pension Credit will they take the full amount of his private pension into account when assessing his entitlement, or just the half he retains?

     
past caring
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Welfare Rights Adviser Southwark Law Centre Peckham

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See CPC/384/2017 and CH1672/2007 -

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/whether-a-private-pension-paid-direct-to-a-third-party-counts-as-the-claima

It’s going to depend on whether the payments are made in consequence of a court order…...