Pension query, please!

DAKOTA45

The previous was from the following website, just in case it's of interest to anyone visiting this thread... I must admit, I'd not heard of these rules before...

https://www.homeless.org.uk/sites/default/files/site-attachments/Appendix%20-%20Couples%20and%20benefit%20claims.pdf

DAKOTA45

Hmmmm... seems the advice I received re pension credit may be inaccurate unless the rules have changed recently, but this is from an updated version of the official notes for Pension Credit advisors...perhaps I should get back to them.

PC10S: A detailed guide to Pension Credit for advisers

People who are homeless
If your customer is of no fixed abode they can still get Pension Credit.
If they can arrange to collect their post from a ‘care of’ address, their application can be dealt with as normal. If not, we will still deal with their
application, but they may have to collect their payments from a local Jobcentre Plus office.
If your customer finds accommodation, they must let us know by calling
The Pension Service or telling staff at the office they were using while they were homeless. They must also tell us if the address they use for post changes.

Alice_Holt

DAKOTA45 wrote: »

Hmmmm... seems the advice I received re pension credit may be inaccurate unless the rules have changed recently, but this is from an updated version of the official notes for Pension Credit advisors...perhaps I should get back to them.

Yes, I was uncertain about that Age UK email.
A care of address is generally fine for benefits.
Puzzled that they would give that advice - check with your local CAB or Shelter (https://england.shelter.org.uk/get_help).

If you have separated permanently (you do not intent to resume living together), then you no longer count as a couple for PC.
PC Reg 5(1)(a)(i) SPC Regs.

http://www.legislation.gov.uk/uksi/2002/1792/regulation/5/made

Note that even if the separation is temporary, it is still possible to claim PC as a single person if the separation is likely to be for more than 52 weeks.

The same principles apply to Housing Benefit (should you need to apply).

I would make that PC application. Have the evidence ready that you have separated permanently (note in law it is the intention that is important).
If the DWP disallow then you have appeal rights to challenge their decision. So, do appeal any DWP decision that you are still part of a couple to the Tribunal Service.
Evidence might include: Your new address (to show you are living apart); statements from relatives and friends; evidence of a formal separation, etc.
Your local CAB may be able to help should an appeal be necessary.

This is generally what the DWP consider re Living together as man and wife:
Living in the same household
Stability of relationship
Financial support
Dependent children
Public acknowledgement
Sexual relationship

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/658225/dmgch11.pdf

PS You may wish to post on the benefits thread any specific questions about Pension Credit.

DAKOTA45

Alice_Holt wrote: »

Yes, I was uncertain about that Age UK email.
A care of address is generally fine for benefits.
Puzzled that they would give that advice - check with your local CAB or Shelter (https://england.shelter.org.uk/get_help).

If you have separated permanently (you do not intent to resume living together), then you no longer count as a couple for PC.
PC Reg 5(1)(a)(i) SPC Regs.

http://www.legislation.gov.uk/uksi/2002/1792/regulation/5/made

Note that even if the separation is temporary, it is still possible to claim PC as a single person if the separation is likely to be for more than 52 weeks.

The same principles apply to Housing Benefit (should you need to apply).

I would make that PC application. Have the evidence ready that you have separated permanently (note in law it is the intention that is important).
If the DWP disallow then you have appeal rights to challenge their decision. So, do appeal any DWP decision that you are still part of a couple to the Tribunal Service.
Evidence might include: Your new address (to show you are living apart); statements from relatives and friends; evidence of a formal separation, etc.
Your local CAB may be able to help should an appeal be necessary.

This is generally what the DWP consider re Living together as man and wife:
Living in the same household
Stability of relationship
Financial support
Dependent children
Public acknowledgement
Sexual relationship

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/658225/dmgch11.pdf

PS You may wish to post on the benefits thread any specific questions about Pension Credit.

Thank you... I checked with Shelter and they agreed that the advice was incorrect. Just wonder how many others have been mis-informed!

LHW99

Good luck with all this, and please let us know how things turn out, if you can.

DAKOTA45

LHW99 wrote: »

Good luck with all this, and please let us know how things turn out, if you can.

I wrote back to them... no apology for giving me the wrong info! She just referred me to a phone number... this after I'n mentioned I was deaf, too!
I'll keep trying. Shame there is no online application form as there is in Northern Ireland...

xylophone

this after I'n mentioned I was deaf, too!

Have you seen

https://www.gov.uk/pension-credit/how-to-claim

You can use a paper application if you’re unable to make a claim by phone. Contact a voluntary organisation (for example Citizens Advice or AgeUK) in your area - or get a friend or family member to call the helpline to ask for a paper application.

DAKOTA45

xylophone wrote: »

Have you seen

https://www.gov.uk/pension-credit/how-to-claim

You can use a paper application if you’re unable to make a claim by phone. Contact a voluntary organisation (for example Citizens Advice or AgeUK) in your area - or get a friend or family member to call the helpline to ask for a paper application.

Thank you... that would be really helpful. I don't know why, but they are quite insistent on it being done over the phone, and when you can't hear the questions properly, you're more likely to make a mistake...:(... an online form would be really good... but I think this might be too much of an 'ask'... strange as most correspondence these days is done on a computer...