Pension Credits question

Jay_1987

Can a couple who live together due to finances but are not together as a couple apply for pension credits? They are still married, but separated and stay in separate rooms. He receives old age pension, and has recently applied for attendance allowance due to health issues but as he is still legally married to his wife who has not yet reached retirement age he is not eligible for pension credits. Can he now apply for pension credits or would he need to move in to his own home before he could apply for this?

calcotti

A Decision Maker needs to decide. They could apply but will need to explain the circumstances. If they remain financially linked it will be more difficult to say tax they are not still a couple.

See
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1042586/dmgch77.pdf

77102 Household has no specific legal meaning and so should be given its normal everyday meaning.

That is a domestic establishment containing the essentials of home life1. Household may refer to people

held together by a particular kind of tie, even if temporarily separated2. People living in one dwelling (for example a house, flat or caravan) do not necessarily live together in the same household.

1 R(SB) 4/83; 2 Santos v. Santos [1972] All ER 246

Example

Andy and Aniza are estranged and continue to live in the same house. They do not financially support each other or share domestic and social activities. One partner is reluctant to leave until a satisfactory financial agreement has been reached with the other partner. They each have separate households.

sheramber

Are they legally separated with a separation agreement or have they just decided to be separated?

Jay_1987

sheramber said:

Are they legally separated with a separation agreement or have they just decided to be separated?

They seperated around 6 months ago but still live together, staying in seperate rooms so nothing legal as of yet.

KingDing

Hi, my Mum receives £185 per week in state pension and no other benefit at all. She has been refused pension credit with them telling her she gets paid £2.40 too much. She appealed against it, but was told that they'd gone over it again, but she wasn't entitled to it and there was nothing they could do. She explained to them that although she gets this much, she still has many outgoings and is struggling, but they refused her any help. Is there something that can be done?

calcotti

Her income is too high for Pension Credit. Her expenses are not taken into account.

If she has to pay rent she could claim Housing Benefit.

If she has to pay Council Tax she can claim Council Tax Reduction.

poppy12345

KingDing said:

Hi, my Mum receives £185 per week in state pension and no other benefit at all. She has been refused pension credit with them telling her she gets paid £2.40 too much. She appealed against it, but was told that they'd gone over it again, but she wasn't entitled to it and there was nothing they could do. She explained to them that although she gets this much, she still has many outgoings and is struggling, but they refused her any help. Is there something that can be done?

They are correct to be entitled to Pension Credit as a single person if you're not caring for someone or you don't claim a qualifying disability benefit the weekly maximum income is £182.60 https://www.gov.uk/pension-credit/eligibility As her State pension is £185/week there's no entitlement to PC. No, there's nothing that can be done. The bills you pay are not taken into consideration when claiming means tested benefits.

Spoonie_Turtle

KingDing said:

Hi, my Mum receives £185 per week in state pension and no other benefit at all. She has been refused pension credit with them telling her she gets paid £2.40 too much. She appealed against it, but was told that they'd gone over it again, but she wasn't entitled to it and there was nothing they could do. She explained to them that although she gets this much, she still has many outgoings and is struggling, but they refused her any help. Is there something that can be done?

She can apply for Housing Benefit if she rents, and Council Tax Support.

She could do a benefits calculation first which would give her an indication of whether it's worth applying.
https://www.entitledto.co.uk/
https://benefits-calculator.turn2us.org.uk/

Edit: cross-posted as usual.

whizzywoo

KingDing said:

Hi, my Mum receives £185 per week in state pension and no other benefit at all. She has been refused pension credit with them telling her she gets paid £2.40 too much. She appealed against it, but was told that they'd gone over it again, but she wasn't entitled to it and there was nothing they could do. She explained to them that although she gets this much, she still has many outgoings and is struggling, but they refused her any help. Is there something that can be done?

Does your Mother have any health issues which would mean that she might need help with Personal care?

If she has health problems, for example arthritis, which means she struggles getting washed, getting in and out of the bath, uses an aid to get on and off the toilet etc, she may be able to claim Attendance Allowance. 

I suggest that you look at Age UK and their help sheets about Attendance Allowance.  
https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/attendance-allowance/

Receiving Attendance allowance and living on your own would probably entitle her to Pension Credit.