Refused Pension Credit

allen35

Hi, need assistance.

A friend has been refused Pension Credit on the basis of capital in the family home that he no longer resides at.

His wife and non dependant children live there, they are not divorced and he rents property elswhere.

Was made redundant 6 months ago, applied and has only just been given the news.

There is something in CPAG which states: the value of a home is disregarded if: your former partner from whom you are not estranged, divorced or out of a civil partnership. This means your wife where you are not still treated as living in the same household or your former cohabitee where you are not still treated as living together as husband and wife.

Can anyone explain this rule and does he have grounds for appeal.


Thanks for help

Allen

Oldernotwiser

Why is he living separately from his wife if they aren't estranged?

allen35

The passage doesn't mention estranged and divorced, yes he is estranged but i would expect the passage to say estranged and divorced but it doesnt.

Moral is he left his wife(happens) and non dependant kids and rented somewhere else with his new partner, now he's been made redundant(3 yrs later) is it moral that he should now insist on selling the family home that he has insisted is his family's home and not his.

Can anyone please help with the terms of the original passage.

Thanks

tboo

allen35 wrote: »

Hi, need assistance.

A friend has been refused Pension Credit on the basis of capital in the family home that he no longer resides at.

His wife and non dependant children live there, they are not divorced and he rents property elswhere.

Was made redundant 6 months ago, applied and has only just been given the news.

There is something in CPAG which states: the value of a home is disregarded if: your former partner from whom you are not estranged, divorced or out of a civil partnership. This means your wife where you are not still treated as living in the same household or your former cohabitee where you are not still treated as living together as husband and wife.

Can anyone explain this rule and does he have grounds for appeal.


Thanks for help

Allen

Hi

The next paragraph from the CPAG book is :- the value of a home is disregarded if:-
your former partner from whom you are estranged, divorced or out of a civil partnership if s/he is a lone parent. If your former partner is not a lone parent, the value of the home is ignored for 26 weeks from the date you ceased to live in the home.

So as non dependant children live there then the house can't be disregarded for long

allen35

was thinking that is a different scenario

Whiteknight

If your friend had taking steps to dispose of the marital home they (Pension Service) could disregard his share of the value of the property for a certain period of time. It sounds to me that he has moved out and left the wife to stay in the marital home. Which is why the capital from the property was taken into account when accessing his claim for Pension Credit.