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Legal, pensions and money

What will happen if I spend my savings?

(114 Posts)
mrsnonsmoker Sun 16-Feb-25 13:12:25

I'm 63, divorced, I have about £60k in a pension pot which I can only draw in cash lump sums, and it will be taxed (I know this for a fact so not looking for advice on that part). No other money. So say I'd get, in cash, about £45k from it maybe a bit more, I would draw it out over a few years not all at once. I am only going to get state pension nothing else.

If I have that money, I won't qualify for pension credit, but if I spend it will they say deliberate deprivation of assets? So if my car breaks down can I get a new one, or can I book a holiday, or get a new kitchen, or give my kids a small cash gift? What am I actually allowed to do with it?!

I will be renting into retirement and not really able to afford the rent, hence being able to claim pension credit is going to be important. So I think my question is - what is spending your own small pot of money wisely, and what is "deprivation of assets"? And who would be accusing me of the deprivation part? The local authority if I went into a home? Or DWP? I imagine many people in this position.

Thanks in advance for all opinions!

crazyH Sun 11-May-25 19:52:07

When the OP says ‘no other money’ , I think she is referring to her capital., except her pension pot.
You are still young and can probably work a few more years, save some money to build a capital.
I am also divorced. I guess I had a fairly good lawyer.

Libralady Sun 11-May-25 19:31:26

Sometimes people can get the Savings element of Pension Credit. Savings of up to £10,000 do not count in the decision to award Pension Credit. On the Savings element of Pension Credit a weekly payment is made and maybe entitlement to other benefits, although not sure which apply, other than Winter Fuel Payment and Free TV License. It only takes a 'phone call to the DWP to check eligibility.

M0nica Wed 19-Feb-25 21:02:19

Greciangirl

I wouldn’t rely on Pension Credit.
It’s very little amount. Approx £29 p.w.

Pension credit varies with the income you actually have and is whatever is necessary to bring your weekly income up to £218.15 if you’re single and £332.95 if you have a partner.

It can be in well in excess of £29. If you receive a disability benefit then it can be higher still, another £40 or £80 a week on top of Pension Credit.

Janety Wed 19-Feb-25 16:09:54

Have not read the whole thread, but I would suggest you ask for advice from Citizens Advice or Age UK. They could do a benefits check for you and advise you properly on how your pension pot (and spending it) would affect your entitlement. Generally if you spend it on necessary things such as replacing your car ,and keep the receipts that shouldn’t be a problem. But if you give away money to your children or spend it on expensive holidays, that will be counted as deprivation of capital. Some of the advice on this thread is very inaccurate. For example, pension credit can be much more than £29 per week! It varies according to what other income & savings/capital you have. The most important thing is, if you get any amount of pension credit it automatically entitles you to full housing benefit, and winter fuel payment etc. But please check all this out with a proper advice agency.

Greciangirl Wed 19-Feb-25 14:35:08

I wouldn’t rely on Pension Credit.
It’s very little amount. Approx £29 p.w.

EmilyHarburn Wed 19-Feb-25 13:40:24

Mrs nonsmoker You are right to thin about what to do with you lump sum. The very last one you will have. the logic is to purchase the capital goods not covered by your landlord. this is going to be your car, maybe an airfryer , new bed excellent mattress, maybe a sewing macine , a computer, etc. this is not deprivation of assets.
Eventually you will qualify for various benefits. But you will have good quality items that support your day to day living.

M0nica Tue 18-Feb-25 20:09:55

I would sooner rent than buy a retirement flat as they are difficult to sell, do not hold their value and your family can end up lumbered with maintenance chagres for years while they try to sell it.

Take the capital from the sale of your home, it could be hundreds of thousands, enjoy life, go on a world cruise, get a new car and replace it every 2 years, If you live to a very advanced age, you may find the money is running out, you will be able to claim Housing Benefit. At the end, you will have also spent all the children's inheritance

thegreatestsnowwoman Mon 17-Feb-25 20:31:55

I don't know if this has been mentioned but why don't you use it all on improving your home and garden. You could also get a nicer car.

Barleyfields Mon 17-Feb-25 17:23:03

That depends entirely on where the flat is.

grannybuy Mon 17-Feb-25 17:15:48

An ex council flat would be more affordable.

SaxonGrace Mon 17-Feb-25 16:25:14

Just what I was thinking

Liloldlady Mon 17-Feb-25 16:21:23

If you spend your savings you will rely on those of us who didn't.

petra Mon 17-Feb-25 16:11:20

JaneJudge

and suggesting the poor lady move to Luton is just cruel

😂👏👏 cruel but so true.

Barleyfields Mon 17-Feb-25 16:06:08

I agree. The 7 year rule applies to IHT only.

CLAW Mon 17-Feb-25 15:47:32

Please be aware councild can investigate far further back than the 7 years people quote if they are suspicious as they would be in this case. If you dispose of your savings, they will look into how you pay your rent as you are saying you cannot pay without your savings. Spend some but be careful.

Allira Mon 17-Feb-25 15:33:29

Park homes, which are popular with older retirees, also have charges as the owner of the Park home rents the ground and there are also charges upon selling.

OldHag Mon 17-Feb-25 15:31:44

Is the money in your pension pot still growing OP? If so, then I can't see why you wouldn't carry on living as normal. As others have said, buy yourself a new car if that's what you would like, and update all appliances, furniture, etc., then when you're down to the point where benefits cut in, which I think is generally £16,000, apply for Pension Credit.

Sadbutfoolishlyhopeful Mon 17-Feb-25 15:27:44

I would also add be aware that retirement leasehold flats can have big service charges and they keep going up, although they can include heating and hot water where there are communal boilers. The main problem I found was trying to find a buyer for the flat after Mum went into a care home. Eventually she got financial help from DWP via Pension Credit as the service and care home charges were very high together, but it had to be repaid once the flat was sold. The flat eventually sold for less than my parents had paid!

Sadbutfoolishlyhopeful Mon 17-Feb-25 15:19:53

Just as a quick comment. If you check with DWP for a forecast of your state pension and find that you are missing some contribution years it might be worth buying some additional years. I did this about five years ago with some money after my Mum died. It made an appreciable difference in my weekly income as I had to take early retirement so my work pension is lower and had some missing NI contribution years. Martin's Money site has more info on this.

Momac55 Mon 17-Feb-25 14:58:36

It’s deprivation of capital , it would be decided by DWP if you claimed pension credit or any other income related benefits and local authority if you went into a home. As others have said it does depend on what you spend it on though.

Les1950 Mon 17-Feb-25 14:55:22

Hi. Thank u for all your messages, hope it help the other Lady, has helped me

Healer002 Mon 17-Feb-25 14:35:09

This might help you regarding rules on “deprivation of capital”
www.gov.uk/guidance/universal-credit-money-savings-and-investments#:~:text=If%20you%20knowingly%20reduce%20your,off%20or%20reduce%20a%20debt

win Mon 17-Feb-25 14:06:22

Barleyfields

You seem to be thinking only of possible future care, win. I agree that at her age and not anticipating needing care, she need not worry about deprivation of assets in order to avoid care costs. However, what is exercising her mind seems not to be care, but the need for benefits to enable her to pay her rent and whether spending and giving away money would disentitle her to benefits.

I understand that but I was referring to the posters who state that it may be deprivation of assets if OP spends the lot and also the OP's own question whether it would be. I was not only thinking of care as a whole, as I also recommended she was careful with her spending, but pointed out that was the only cases where I have experience of Deprivation of Assets coming in to force. I thought I answered both questions. However Monica had already explained the facts much more clearly than I did.

Stillness Mon 17-Feb-25 14:00:23

I think you need to get the specific information rather than make an educated guess about this. I’m sure someone like citizens advice would be able to answer for sure as they have legal staff at hand.
I think you will certainly be able to spend your pension pot freely without being penalised but I’m not sure if there’s a time limit. Eg does there have to be a minimum number of years between spending that and receiving state pension (and qualifying for pension credit)?
I do see where you’re coming from. You’re wanting to spend that money and then be able to claim pension credit as you know that your state pension won’t cover your rent for example. I think timing is all important. I would call someone and explain your situation in detail asking for advice.
That said, I’m not sure it’s the way I would choose to do it as it leaves you vulnerable in the longer term if you have no money at all to fall back on and would therefore have to rely on the state for the rest of your life. Good luck.

win Mon 17-Feb-25 13:58:00

M0nica

Since mrsnonsmoker has no reason to suppose she will go into care in the foreseeable future, as I said before she is entirely free to spend the money how she choses, including staking every penny she has on the favourite for the next Grand National.

Deliberate deprivation of assets only applies to people in a situation where they can reasonably be expected to know that they may have care needs in the foreseeable future and deliberately spend their savings ahead of that event, in order to get subsidised care.

Absolutely spot on Monica, sorry I only saw your post now.