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Legal, pensions and money

Can I take half of his pension?

(35 Posts)
annsixty Fri 15-Jun-18 19:52:38

There is a current thread with a poster asking if his ex wife can take half of her husband's pension.
This is not a thread about a thread, I am asking if it is right that SS can take the whole of my husband's private ,and his state pension for care.
My H has dementia and a few weeks ago had a major stroke which has tipped his dementia into overdrive.
I care for him at home solely on my own, with a visit every morning to help him was or shower and get dressed.
For this I pay the full cost.
He is currently in respite care for 2 weeks to give me a break, for which I am making up the amount the care home charge on top of what SS will pay.
It will come to the point when my H will need full time care, I asked the SW what my position will be when that happens.
She told me both his pensions will be taken in full to pay for his care.
As I didn't pay into a pension, my state pension is paid on my He's contributions. This is currently £303 every 4 weeks.
I cannot be made to leave my home but could not pay even half the bills on my pension.
Any savings I have must be spent down to a level below £10,000 and then I could apply for benefits.
We have been married for 60 years, my H paid into a pension fund for 40+ years which included provision for me if he should die first.
He would be outraged knowing he paid contributions all those years to ensure a comfortable old age for us for me to end my life living on hand outs from the government when up to now neither of us have claimed a penny in benefits ever,

MawBroon Sun 17-Jun-18 11:39:07

Clearly a minefield.

GrannyGravy13 Sun 17-Jun-18 11:39:43

My step-father was diagnosed with vascular dimentia whilst in hospital for a fall (we all knew he had a problem but had been struggling to get a diagnosis up till then) The hospital assigned a social worker and together with the discharge team decided he had to go into residential care and not return home.

Mum did not to have contribute apart from - costs of haircuts, pediatrists and taxis if he needed to go to doctors, dentist or hospital appointments.

She informed DWP filled in numerous forms. The outcome being that their pensions continued to be paid in full up till his death, without any preconditions. No charge put on their house. ( we are in England, I guess it differs from country to country)

MawBroon Sun 17-Jun-18 11:40:10

Can a person actually sign a POA once dementia has been diagnosed?

seacliff Sun 17-Jun-18 11:40:11

I am no expert, but I think you could transfer ownership of your house from the usual joint tenants, to tenants in common. This means you each own half the house, and I believe SS can't take your part into account when assessing care home charges etc. Just one of you can sever the joint tenancy by completing a form.

There may be reasons why this is not a good idea for you, but it's worth asking an expert for their advice on it. I'm sorry you are having such a hard time.

Willow500 Sun 17-Jun-18 11:47:19

Ann I can't really offer any more advise that you've had upthread but notice you don't mention having any allowances or help which is out there. As Granny23 says the Talking Point forum on the Alzheimers site is very helpful. It's some years since I was caring for my parents but I found it invaluable especially fighting SS to get full funding for my mum as she deteriorated over the 4 years she was in care. She only had partial funding when she initially went in and as my dad was still at home they didn't put a charge on their property until he also had to go in. He was fully funded from the start but was only in there a few weeks before he passed away. The charge on their house was gradually reduced once the full funding was in place so we didn't end up paying the original sum that had accrued back to the council.

I hope you are able to get some respite while your husband is away - it is so hard being a carer and having the added stress of financial worries is bound to take it's toll on your health too.

annsixty Sun 17-Jun-18 11:52:18

A friend of a friend had a similar experience Grannygravy her husband with dementia had a fall, taken to hospital and moved to a care home ,at no cost to her.

She is in a much better financial situation than I am in anyway, they had a family business which their son now runs and my friend had assumed that the company was paying.

However when she told her friend of my "plight" she explained what had happened. This is a few miles from me but a different L.A..

I have PoA and we have separate accounts, I can change my will but my H can't.

kittylester Sun 17-Jun-18 12:10:45

My mum never got any continuing health care despite her dementia. The argument was that she was bed ridden so they knew where she was.

I was there while the Council and NHS battled it out.

kittylester Sun 17-Jun-18 12:59:52

www.alzheimers.org.uk/get-support/talking-point-our-online-community

The link to Talking Point - the Alzheimer's Soc's on line forum for (mostly) carers of people living with Alzheimer's.

annsixty Sun 17-Jun-18 13:03:14

Thank you all flowers