“Because of the pure breadth and depth of black letter law research and practical guidance that LexisNexis provides, we don't have to rely on counsel as much as perhaps firms that don't use LexisNexis.”
KaurMaxwellAccess all documents on State pension credit
In this issue: UK, EU and international Regulators and bodies Financial crime and sanctions Complaints, compensation and claims management Investigations, enforcement and discipline Dispute resolution for financial services lawyers Regulation of derivatives Banks and Mutuals Consumer credit, mortgage and home finance Regulation of insurance Payment systems and services Fintech and cryptoassets AI in financial services Financial Services Enforcement Database Daily and weekly news alerts Daily and weekly news alerts New and updated content Dates for your diary UK, EU and international Regulators and bodies House of Lords confirms the Financial Services Regulation Committee and restarts its inquiries Following the State Opening of Parliament on Wednesday 17 July 2024, the House of Lords reappointed the Financial Services Regulation Committee on Monday 29 July 2024. See: LNB News 05/08/2024 60. Financial crime and sanctions NCA and UKFIU issue SARs Reporter Booklet August 2024 The National...
In this issue: UK, EU and international regulators and bodies Authorisation, approval and supervision Prudential requirements Financial stability Risk management and controls Financial crime and sanctions Consumer protection Investigations, enforcement and discipline PRIIPs Regulation of derivatives Banks and mutuals Sustainable finance and ESG Investment funds and asset management Consumer credit, mortgage and home finance Regulation of insurance Regulation of personal pension and stakeholder products Payment services and systems Spring Budget 2024 EEA Agreement Annex IX (Financial Services) Daily and weekly news alerts New and updated content Dates for your diary UK, EU and international regulators and bodies FCA sets out business plan for 2024–25 and outlines its approaches to supervision, consumers, international firms and competition The Financial Conduct Authority (FCA) has released its business plan for 2024–25—the concluding year of its three-year strategy aimed at delivering improved outcomes for consumers and...
Pensioner Poverty: challenges and mitigations With more older people slipping into poverty, the Work and Pensions Committee’s report clearly contends that ministers should adopt a clear target for a minimum level of retirement income. It says the State Pension must fully secure a basic, dignified standard of living, and that a government strategy should then be set out to help everyone reach that benchmark, recognising the financial setbacks affecting many, including the 2.1 million still on the old State Pension. The report stressed that relying on safety nets such as Pension Credit and Housing Benefit alone is simply insufficient on its own...
Welfare benefits Welfare support has been reshaped, with several payments consolidated or replaced. Universal credit was meant to take over working‑age benefits by 2016/17, but that target was missed. The managed move from working‑age benefits to universal credit was accelerated in April 2024, with completion expected by March 2026. At present, both systems run side by side, which can cause confusion for practitioners. State benefits can be grouped into four areas: Income maintenance benefits (non‑means tested)—intended to replace earnings, with a limited amount of work sometimes permitted. They are not means tested and a partner’s income is not taken into account Benefits for disabled people and families—set to recognise the extra costs linked to disability Means‑tested benefits—assessed on both members of a couple and often acting as a top‑up because social security rates are so low Tax credits—paid to older people who remain in work and are responsible for dependent children. No new claims are allowed; instead, a claim would now be for...
ARCHIVED This Practice Note summarises the state support potentially available to older clients and clarifies how means testing operates for both income and capital. It also considers the rules on deliberate deprivation of income or assets, both for social security benefits and for local authority care charges under the Care Act 2014. Benefits for older people fall into three strands: contributory (dependent on sufficient National Insurance contributions), non‑contributory and non‑means‑tested (based on status such as age or disability), and means‑tested (assessed against the claimant’s income and capital). Relevant Benefits Pension and pension related benefits New State Pension Graduated Retirement Benefit (historic entitlement) Guaranteed Minimum pension—contracted out rights Pension Credit—guarantee credit and saving credit War pensions—where applicable Disability—related benefits Attendance Allowance Personal Independence Payment (for those below State Pension age) Industrial Injuries Disablement Benefit Means-tested benefits Pension Credit Housing Benefit—for claimants over the State Pension age...
Part of the deputy’s responsibility One duty of a deputy is to ensure P receives every state benefit they are entitled to. The OPG Deputy Standards, published in February 2023, set out actions a deputy should take on P’s behalf. Under Standard 4(a), a deputy must submit claims for any benefits P qualifies for within three months of the deputyship order being received. The deputy should also review P’s benefits at least once a year. The main benefits for which P is most likely to be eligible are considered in detail below. Although some state benefits are means-tested, if P’s resources stem from a personal injury damages award, and are managed by a deputy or trustees within a personal injury trust, those funds are ring-fenced and therefore cannot be counted in the assessment. Both the capital and any income produced by those funds should be disregarded for this purpose. Benefits can be paid to P, to their deputy, or to another authorised person, for example one of...
A pension sharing order A pension sharing order enables one party to obtain, in their own name and in their own right, benefits directly debited from the other party’s pension scheme, and secures a clean break between the parties regarding pensions. Sections 11 and 12 of the Welfare Reform and Pensions Act 1999 (WRPA 1999) state that pension rights under approved pension schemes do not vest in a trustee in bankruptcy, provided the bankruptcy petition was presented on or after 29 May 2000 under the legislation. Consequently, if the individual holding the pension to be shared is made bankrupt, the court’s authority to make a pension sharing order should remain unaffected in law...