entitled to pension credits?

xylophone

former partner from whom they are not estranged or divorced (for example, if your customer is in a care home and their husband, wife or civil partner is living in the property).

What very odd wording - surely just because a spouse is living in a care home, that does not make him/her a "former" partner?:eek:

DAKOTA45

Alice_Holt wrote: »

From:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/535076/pension-credit-detailed-guide-pc10s.pdf

"Houses and land

If your customer or their partner own a property but do not live in it

State Pension Credit Regulations Sch V, Para 4 apply

The value of the property can be ignored if it is occupied by:

• their or their partner’s close relative, such as a child or partner’s sister, if that
person has reached the Pension Credit qualifying age or is sick or disabled; or
• a partner or former partner from whom they are not estranged or divorced (for
example, if your customer is in a care home and their husband, wife or civil
partner is living in the property).

My intrepretation of this would be that he may be able to claim PC without the capital in the house being counted - but I am relying on the phrase "former partner".
The example given is not useful in the circumstances the OP has outlined.
But I can't find any relevant case law to support my intrepretation of these PC regulations, and I think these legal decisions would dictate how the regulations are to be applied.

Very confusing… this reads as though the house can be occupied by his or his spouse's close relatives or children, but not the actual spouse herself, unless he is living in a care home… Dakota45

DAKOTA45

xylophone wrote: »

What very odd wording - surely just because a spouse is living in a care home, that does not make him/her a "former" partner?:eek:

Quite bizarre rules…

Eek indeed!! I have no idea where that leaves them… People can (and do) live apart and still not be estranged… Dakota45

DAKOTA45

WillowCat wrote: »

You mention that three years ago there was no equity in the property.

You will need an up to date valuation, but if the value of the property, less 10% (notional costs of sale) less the mortgage and then divided by 2 is less than £10,000 (when added to any other savings) then you're OK anyway.

If the resulting sum is more than £10,000 then PC may still be awarded but reduced as mentioned in an earlier post.

Thank you.. the survey showed the house to be worth £240k.

The mortgage is £250k plus there is a charging order of £30k as well…No repairs have been carried out since the valuation and house prices have remained quite stable.

But he can't afford to pay for a new survey, so I suppose the DWP would have to do that… however, I doubt the subsidence and untreated woodworm, etc., have improved in 3 years… Dakota45

jamesd

DAKOTA45 wrote: »

This family hate taking from the Govt. even where they're entitled

That definitely can be a challenge but please do let them know that we've collectively decided that we want those benefits to be available to help those in need and it'd be frustrating for the rest of us if they don't ask for what we want them to have!

Citizens' Advice has what by all accounts is an excellent benefits check service and it seems that all three people could usefully ask them to check into things.

DAKOTA45

Many thanks to all who have helped… Dakota45