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Thread: deferred pension and benefits

  1. #11
    I don't know what the hell I am going to do
    I guess if/when I get pension share from divorce - I will have to notify ESA
    but then fk only knows what they will say or do with that information

    I am losing my grip on this now
    in fact I am losing the will to live!!

    the link I gave earlier - to the gov. page - which talks to 'one' person but then includes an 'or partner' bit as well
    - it clearly states
    If you (or your partner) are under the qualifying age for Pension Credit
    If you (or your partner) are under the qualifying age for Pension Credit, and you do not take any money from your pension pot, then it will not be taken into account when your benefit entitlement is worked out.
    If you or your partner do take money from your pension pot, it will be treated as either income or capital, depending on, for example, how regularly you withdraw it.
    It is your responsibility to tell the Department for Work and Pensions (DWP) – and your local council where appropriate – if you or your partner take any money from your pension pot.


    NOWHERE does it state that it only applies to couples - since at the beginning of the page it is titled 'Pension freedoms and DWP benefits'

    ok
    going now because I am really losing it

  2. #12
    Senior Member nukecad's Avatar
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    Quote Originally Posted by walker View Post
    at the beginning of the page it is titled 'Pension freedoms and DWP benefits'
    That's correct because that webpage is only talking about taking a lump sum, or income, early (before the pension is due to pay out) under the freedom of pension rules.
    ie. Taking part of your pension before it is due to pay out.

    It is not talking about pensions in general, just about those special pension freedom rules.

    The DWP can't make you take any of your pension before it is due to pay out, (even though you have the freedom to do so).
    But if you do take some or all of it early then they will count it as income/capital because you then have it.

    However once the pension gets to the date when it is due to pay out then they can take it into account, whether you draw on it or not.
    Last edited by nukecad; 05-14-2019 at 02:51 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  3. #13
    thanks for clarifying that

    but I still cant find out what will happen to the divorce pension share - since that does not have a 'pay out' date on it because it will be a new pension fund in my name

  4. #14
    Senior Member nukecad's Avatar
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    I'm not entirely sure what you mean by 'divorce pension share', it could be various things.

    If this was something arranged as part of a divorce settlement then it should say how it is to be set up.

    It could be divided in various different ways, depending on what the parties agreed to.
    https://www.moneyadviceservice.org.u...or-dissolution

    I suspect that the original pension will have be split into two new pensions, with the same end date as the original pension.
    (The first option in that weblink).

    You'd need to confirm the details with the lawyer who handled your divorce, or with the company who holds the pension.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  5. #15
    well that part has not happened yet as still in divorce process

    it will be a share of hubs pension - which has to be taken OUT of his scheme and cannot be put into mine
    so will have to become a new pension

  6. #16
    Senior Member nukecad's Avatar
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    Sounds like the first option in that money advice link.

    If possible (not sure but it might be) then you might want to arrange for your new pensions 'due date' to be aligned with your state pension date.
    That should avoid any issues with possible deductions benefits.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  7. #17
    ok
    so I have exhausted all avenues online, including the gov. pension advice - trying to find out how they will treat any pension share I get from my divorce
    CAB wont help
    no one

    so I am wondering if this would be an appropriate thing to ask in a 'freedom of information' request

    I honestly cannot be the only person this has/is happening to

    I know I could call dwp - but I also know whoever I speak to wont know the answer and then what do I do

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