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Legal, pensions and money

Can I take half of his pension?

(34 Posts)
kittylester Fri 15-Jun-18 22:16:59

ann, there is tons of info on Ageuk and their advisers are brilliant. And, her I go again, the Alzheimer's Soc.

I Think the way it works is that you will pay for the care from any money coming in and from savings - even when mum was having a contribution from the Council, we still had her pensions. They equated to what she had to pay, but they weve not taken off her.

The figure of £10,000 before you can apply for benefits, is not exactly currently, I dont think.

If you have joint accounts its a good idea to split them but you have to justify how much goes into each.

You will be able to get your council tax reduced by 25% under the severe mental impairment rule and you should apply for attendance allowance before dh goes into permanent care. Im sure he would be entitled to the top rate which is £80 pw and it is not means tested. You keep this while you are paying privately. Please ask Ageuk to send someone round to help you apply. They know the buzz words.

How is your house held - joint tenants or tenants in common?

Do you have poas in place?

aggie Fri 15-Jun-18 21:35:31

I think this is awful , OH was offered respite free , but we never got round to taking it , he had carers 4 times a day at no cost , I did pay for extra sitters when I was going to club or class . I have a smaller pension due to having being persuaded to pay less contributions when I went back to work and no one told me to pay "stamps" when I stayed at home when the children were small , luckily I have a small work pension to add to my reduced state pension , but nothing else . I can just about manage now , the family are very good to me

Jalima1108 Fri 15-Jun-18 21:33:17

I don't know either annsixty and I hope that someone will be able to advise you.

This doesn't sound right at all, you must be left with sufficient for your own needs.
It's not right that, on top of all these worries about your DH, you should have this additional stress.
I hope it can be sorted out asap.

However, if you should need help in the form of benefits, either for him or you, please don't look on it as hand-outs as you are entitled to this, your DH and you having paid your tax etc all your life.
Is Attendance Allowance and Carers' Allowance still in operation? I am not up-to-date with current allowances since DM died.

mcem Fri 15-Jun-18 21:12:47

ann I'm so sorry to read of this further stress and am sorry I can't give advice. My reaction is that this sounds so outrageously unfair that it can't be right!
SW fishing to see if you'll agree?
A form that hasn't been mentioned so far that could solve it?
A letter to your MP?
Legal advice?
I bet an experienced GNetter will be along soon with just the right advice.

cornergran Fri 15-Jun-18 21:00:41

I’m sorry I don’t know the answer ann but no, from a common sense standpoint it doesn’t sound at all reasonable.

I’m hoping someone with accurate information and informed knowledge will be along soon and I’m sure you will have thought that you can ask Age UK and/or the CAB.

Hang on in there, sending love and hoping that common sense prevails.

Lazigirl Fri 15-Jun-18 20:47:30

Have you asked social workers to complete a Checklist for Continuing NHS Care? In my experience they are reluctant to do this (lack of funding) but it means if a person fulfils criteria for NHS Care you should not have to pay.

OldMeg Fri 15-Jun-18 20:36:53

That doesn’t sound right and it doesn’t sound fair. I’m sure others more knowledgeable will advise you Ann60

Iam64 Fri 15-Jun-18 20:05:42

Annsixty, my husband is well informed on the subject. He’s away, I’ll put your question to him when he’s back.
The only thing I am sure of is that if your husband qualifies for ‘end of life ‘ care, the cost is met by the NHS. That was the case with mum in law whose final 12 weeks of life were in a nursing home. Also for the friend whose funeral I attended today. She was cared for at home by a group of carers and her family members.
What a worry for you, on top of the stresses involved in being a carer x

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,