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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was living alone and in receipt of guaranteed pension credit.

Resolved Question:

I was living alone and in receipt of guaranteed pension credit. During this time I went to my local town hall to ask if I could pay my council tax in instalments. I was advised that I could get help with my council tax and rent because I Was in receipt of the guaranteed element of pension credit. I told him I had received a lump sum from a divorce settlement but he said because my period of guaranteed pension credit had not run out I did not have to report it until the five years had run out. My question is. Was he correct?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

No.

Alex Watts :

If you get any payments they need to be declared.

Alex Watts :

So may be disregarded and others count towards income

Alex Watts :

But any income MUST be declared so it can be reassessed.

Alex Watts :

It may make no difference but you must declare it

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I have been online a

Alex Watts :

Yes?

Customer:

Ok. I have looked online and advice even if I had won money I would not have to inform the pension office during the guaranteed pension period unlike pension credit which is not guaranteed. I am aged 72. I was told the pension office were only interested in what I had at the end of the guaranteed pension credit period. I would never have made a claim had I not been advised by the person in the council tax office to do so. He even filled out the forms for me. I am worried now

Alex Watts :

For pension credit you dont need to advise.

Alex Watts :

But for Council Tax benefit you do need to advise

Alex Watts :

Does this clarify?

Customer:

Not really.

Alex Watts :

Ok.

Alex Watts :

If you were on benefit and then had a payment, you need to declare that

Alex Watts :

The payment you receive may not make any difference in terms of entitlement but you should declare it

Alex Watts :

It may make a difference to Council Tax benefit

Alex Watts :

Does that help?

Customer:

I will have to pay all benefits back. Is that what will happen?

Alex Watts :

Not necessarily.

Alex Watts :

Some benefit you get are not income based.

Alex Watts :

Others are

Alex Watts :

Council Tax benefit is income based.

Alex Watts :

It MAY be and I only say may be you have to pay it back, but that would be less than £5 per week

Alex Watts :

Does that clarify?

Customer:

Yes thank-you

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