Setting up State pension for OAP

Tea drinker

Hi, sister is looking to setup pension for our uncle.
Uncle is at 90, not to put too fine a point on it, at a bit senile.
He's loathe to open a pension and is afraid revenue will be after him if he claims the pension - he's had some for with them.
My understanding is he's running out of money but is still afraid to ask for a pension... we've tried several times.
What can be done to get him a pension, legally? Can someone make a pension declaration witnessed by a solicitor and assistance of accountant - to uncle's benefit?

Wondering how to do this above board.

ANXIOUS

Are you talking about the state pension? Was your uncle employed previously?

Tea drinker

Aye Anxious, state OAP pension - he was self employed

ANXIOUS

Ok, so all he has to do is apply for the state pension, there are two types contributory and non contributory. All dependent on if and how many contributions he made. The non contribution pension is means tested.

It's a fairly straightforward process.


http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/older_and_retired_people/state_pension_contributory.html

Tea drinker

Thing is HE won't apply, (for non contributory) he's **** scared "revenue" will come after him.
There's no convincing him otherwise. His mental health and physical health is deteriorating, and he's living alone.
He may need to go into a home, we can't afford that, could be workable under fair deal scheme.
Hence need for pension, but as I said he won't apply, he'd sooner starve / live in squalor.
Need to know if there's a way to apply on his behalf, legally.

Bubbaclaus

Why is he scared Revenue will come after him? And what does he think would happen if they did?

phormium

Do you have his prsi number?

If so then the first thing I would do is apply to dept to see what level of prsi contributions he has, you can do that online. When you get them take it to a citizens info office and they will figure out for you whether or not he is entitled to a contributory state pension. If he is then happy days and it might be easier to convince him to apply as it won't be means tested.

If he is not entitled to it and has to go the route of non contributory then I imagine his fear is that once he provides details of means etc that someone in Revenue will be having a little look back to see if he paid tax on whatever earnings he had, now maybe he did but maybe he didn't! He may have a logical fear on this one, I'm not sure what link up there is between departments or what level of checking is done, it might raise questions if he has never submitted a return for the past 20 odd yrs but has managed to live. Now having said as being over 66 he would have had a tax exemption up to a certain amount anyway. Again Citizens Info could probably give you details on this, if you had all the info on both options he might listen.

Mrs OBumble

Does anyone have an Enduring Power of Attorney for him?

If so, they can apply on his behalf.

If not, then you need advice from a solicitor.

Tea drinker

No power of Attorney, I didn't know that existed. I think he would have to be assessed - which should be done for his own protection in any event. That Enduring power of attorney should be in place before he loses his faculties - of course hoping that doesn't happen.
Thanks for replies, we'll see how we go.

Tea drinker

Just to ask, if the man was assessed as being "unfit" (?) and was made a ward of the court, will the court act on his behalf in pension matters?
That would be financially difficult territory if he had to go to nursing home without a pension.