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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have been on my own and draw a full state pension a year

Resolved Question:

I have been on my own and draw a full state pension a year ago my boyfriend moved in.he has now reached retiring age and heard from pension dept re his state pension and in leaflet they sent it said if you are co-habit in you should inform them I did not no this.can I go to prison I'm really worried.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if in addition to your state pension you are in receipt of any benefits, such as pension credit and so on please?

Customer: No only one monthly. Company pension of. Around 14 70 after tax
Joshua :

Thanks so you are just in receipt of your basic state pension and a company pension? When did you move in together roughly?

Customer: Jan. last uear
Joshua :

Thanks.

Customer: not sure u got answer he moved in jan last years
Joshua :

on the basis that you are only in receipt of your basic state pension then there should be no need for any particular concern here. Cohabitation can have an impact if you are in receipt of means tested benefits such as pension credit and so on because the means testing process can take account of joint income when you are married or living together.

Joshua :

however, if you're not in receipt of such benefits, then your cohabitation should have no impact. If you are in receipt of a council tax single persons discount, then the fact of your cohabitation should be disclosed to the council and if it has not been disclosed previously, the council may seek to claim back the discount that has been incorrectly applied.

Joshua :

Whether in respect of council tax benefit or any other benefits, the general line is that if you voluntarily disclose rather than are caught out, you would not be prosecuted because the prosecution requires evidence of deliberate intention to defraud which would be very difficult or impossible to prove if you have voluntarily disclosed information without being caught. However, as above, if you are not in receipt of benefits or council tax discounts and so on, the fact of your cohabitation should have no impact however should you wish to disclose the cohabitation, there is no difficulty in doing so

Joshua :

is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua :

Are you happy with the information I have provided to you above or is there anything above I can clarify for you any further?

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