I have had an enquiry from a woman who recieves two thirds of her late husbands pit pension. She has claimed Housing and Council Tax benefits but has had her claim refused on the basis that she has too much income. She believes that the pit pension is either a bequeethed or inherited pension and can be disregarded from the HB/CTB calculation.

My understanding is that this pit pension is treated as income when claiming means tested benefits.

Can anyone tell me if her understanding is correct or not
Can anyone point me to the relevant legislation that clarifies this issue as I can not find it.

To the best of my knowledge, there is no disregard for inherited pensions.

If anyone could tell you it would be the nearest miner's advice service which you can find via:

http://www.minersadvice.co.uk/contacts.htm