Universal credit and partner working overseas

BriNylon

If one partner works overseas and the other is not working, what is non working spouses income for uc?
Is it the amount he sends home?   Or is it his income?
Or are they not entitled because they are still a couple?

calcotti

I think this may depend on the length of the absence(s) - assuming the overseas partner is returning home from time to time.
the rules are complex
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864884/admc1.pdf
Paragraph C1986 indicates someone away for more than a month is not in GB and therefore not entitled to UC.
Spousal maintenance payments would be treated as unearned income.
i’m not clear how this works in such a situation.

BriNylon

I am wondering whether stay at home partner cannot claim UC because they are a "couple" and overseas partner is earning too much.
On the other hand.....
You cannot claim UC as a couple if overseas partner is away more than one month.  So SAHP has to make a single person's claim.  If they have no income other than "maintenance" then UC payable in full as single parent.

I cannot work out which of the paragraphs I agree with.    Opinions welcome.

huckster

The claimant declares that they have a partner and but they don't live together.  The claim is never entered into joint names with the partner abroad, as they are not in the UK.   

There is a question on the UC declaration about ' income other than earnings', which would be answered yes. When the claimant attends the Job Centre, they would have to supply details of their partner working and living abroad and of the spousal maintenance being paid.  The UC claim would have a deduction for this spousal maintenace, reducing the UC claim by £1 for every £1 paid in spousal maintenance.  So if the claimant receives a large amount., they may not be entitled to UC payments.

calcotti

Huckster, what I couldn’t get my head around is how DWP would treat payments received when there is a child involved. Spousal maintenance is taken fully into account but child maintenance is ignored. How would DWP go about apportioning a payment received between spousal or child maintenance?

BriNylon

huckster said:

The claimant declares that they have a partner and but they don't live together.  

Is it possible then, to claim UC as a single person if you have a partner or spouse with whom you do not live?  

calcotti

BriNylon said:

huckster said:

The claimant declares that they have a partner and but they don't live together.  

Is it possible then, to claim UC as a single person if you have a partner or spouse with whom you do not live?  

Yes, but it depends on the circumstances.

BriNylon

calcotti said:

BriNylon said:

huckster said:

The claimant declares that they have a partner and but they don't live together.  

Is it possible then, to claim UC as a single person if you have a partner or spouse with whom you do not live?  

Yes, but it depends on the circumstances.

What circumstances?
I had understood if you were a "couple" the you make a joint UC claim, regardless of where you are living.  Is my understanding wrong?

calcotti

You are a couple if you are "Living Together as a Married Couple". If you are living separately then you are not a couple. As I said in my first post i don't know how this works in your situation with long absences overseas. If your partner was absent in the UK and the absences were less than six months I think you are still a couple. However as per my first post someone out of the UK for more than a month appears not to be entitled to UC. You cannot be a couple if one member does not meet the qualifying conditions.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864889/adme2.pdf

"E2013 A benefit unit consists of joint claimants where the two people are members of a couple and both meet all the basic conditions for UC.

E2015  The modified circumstances where one member of the joint claim couple does not meet all of the basic UC conditions arises where they are

-------

4. not in GB4 (see E2017) 

One member is .. not in GB

E2017 Where one member of a couple meets all the basic UC conditions but the other member of the couple does not meet the basic UC condition because

----

2. they are not in GB (see ADM Chapter E1)

then the claim is treated as that of a single person and the benefit unit will be comprised of the claimant that does meet all the UC conditions (and any child or QYP for whom the claimant is responsible). The UC standard allowance for a single person is awarded (and, if appropriate, any elements)."

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720499/adme1.pdf

"Being in Great Britain

One of the basic entitlement conditions for UC is that the person is in GB. Guidance on

1. whether a person is to be treated as being or not being in GB

----

3. temporary absence from GB

is to be found in ADM Chapter C1 :Universal credit."

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864884/admc1.pdf

"Temporary Absences 

One Month

C1986 For the purposes of deciding whether a person is “in GB” a temporary absence is disregarded provided that

1. the person was entitled to UC immediately before the temporary absence started and

2. the absence

2.1  is not expected to exceed and

2.2  does not exceed

one month."

As huckster has advised, it appears that you would claim as a single person but declare the maintenance income you receive. As per my previous post I am unclear how this works when there is a child being supported as child maintenance is not counted as income but spousal maintenance is.

You haven't said anything about how long the absences are and how frequently your partner visits you in the UK. As previously advised and as you can see from the above this will affect how you are treated.