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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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Is State Pension included in Housing Benefit reductions ca

Resolved Question:

Is State Pension included in Housing Benefit reductions calculations.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
I moved to London in 2012 (June 25th.) . My friend offered to let me stay with her whilst I looked for work. She claims Housing Benefit. We both went to see Camden Housing Benefit to advise them that as I was staying with her and that , because of my income, her Housing Benefit may be affected. We gave them all the details they requested. Included in my Income statement was the fact that I was in receipt of a State Pension (old age). About 1 year later I found paid employment and again informed Housing Benefit.Again Housing Benefit reduced my friend's Housing Benefit.In fact, since mid 2013 Camden Council Housing Benefit have reduced my friend"s Housing Benefit by the maximum amount permissible as my INCOME ,including my Old-aged pension ,exceeds the maximum amount they are allowed to deduct. I have looked at various websites and have found that my Old-aged Pension is not a 'CAP-able' item (i.e. should not be taken into account as a deductible item) when considering my income. If I am correct in this matter then my friend has been underpaid Housing Benefit of approx. some £7000 over the last 3 years.Your guidance in this matter would be greatly appreciated. Please do not hesitate to contact me should you need any further clarification (07920558132 - anytime number).Thanks very much, Pete G.
Expert:  Jo C. replied 1 year ago.
Do you have any savings?
Customer: replied 1 year ago.
Sorry - no savings at all.As a matter of interest Housing Benefit classed me as a Non-Dependant member of the household BUT Revenue and Customs have classified me and my friend as a couple because I pay most of the household bills and as such Rev. and Customs have stopped my friend's Child Tax Credit. Honesty never pays.
Expert:  Jo C. replied 1 year ago.
Well, you would be sharing expenses almost certainly and so they would be entitled to know that you were there and what your income was.
On the face of it, having a state pension would not affect housing benefit.
An occupational pension would for certain but that isn't what you are describing.
The only thing that I can think is that they are saying you were a lodger and so must have been making some payment which would impact upon housing benefit.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Jo, I think we are on the same wavelength - yes I have an occupational pension and fully declared to Housing. Yes I pay most of the household bills. I agree with your interpretation of the regulations that my State Pension should .in no way, be included in the calculation of Housing Benefit, which is what they have done for nearly 4 years.The reduction of Housing Benefit should be based on my employment earnings, any Occupational Pensions and any other taxable earnings which, incidentally, I do not have. Again many thanks for your time and advice in this case. I am sure you wish to go now - it is late.
Thanks again Jo - if you wish to leave a contact number I could let you know the outcome.

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