Pensions and Universal Credit

davidbubblesberry

My partner has reached Pension Age and is now receiving State Pension of £613 every 4 weeks.
I am on Universal Credit and LCWA and Housing Benefit.
Because my partner is Italian and waiting to hear about settles status after 3 years she was ineligible for UC so I have been on a single person's claim.
But now they are deducting £691.70 from my UC as this is declared as a benefit but she never received any payments from UC for 3 years but now they are taking her pension is this correct

Brie

This is on the wrong forum.  I'll see if I can move it to Benefits and hopefully you might get a response.

Rubyroobs

This is correct. State pension is deducted in full from Universal credit. The amount deducted seems higher because state pension is paid four weekly and Universal credit is monthly so they work out the deduction at weekly state pension amount x 52 divided by 12. UC is  a means tested benefit so will consider what other income you have as a couple to live off. If your partner was working before turning state retirement age then her earnings should have mean you had some deductions on your Uc also if they were above your work allowance. 

itsthelittlethings

You should change your UC to a joint claim, I think you would get more.

Rubyroobs

They won't get couples element if partner does not have recourse to public funds due to immigration status. 

itsthelittlethings

Rubyroobs said:

They won't get couples element if partner does not have recourse to public funds due to immigration status. 

I wouldn’t have thought that was the case if they were getting a pension.

HillStreetBlues

Rubyroobs said:

This is correct. State pension is deducted in full from Universal credit. The amount deducted seems higher because state pension is paid four weekly and Universal credit is monthly so they work out the deduction at weekly state pension amount x 52 divided by 12. UC is  a means tested benefit so will consider what other income you have as a couple to live off. If your partner was working before turning state retirement age then her earnings should have mean you had some deductions on your Uc also if they were above your work allowance. 

I agree the way  UC should calculates pension, but OP figures doesn't match that calculation.

Rubyroobs

itsthelittlethings said:

Rubyroobs said:

They won't get couples element if partner does not have recourse to public funds due to immigration status. 

I wouldn’t have thought that was the case if they were getting a pension.

I guess state pension is based on NI contributions. Yes it does seem odd though as would have to have worked and paid NI contributions in the UK for some years to get that amount unless some kind of reciprocal agreement with another country..

itsthelittlethings

Rubyroobs said:

itsthelittlethings said:

Rubyroobs said:

They won't get couples element if partner does not have recourse to public funds due to immigration status. 

I wouldn’t have thought that was the case if they were getting a pension.

I guess state pension is based on NI contributions. 

Yes you’re right, state pension is not public funds for immigration purposes.

Newcad

itsthelittlethings said:

You should change your UC to a joint claim, I think you would get more.

It will be a couples claim already, of course some special rules apply where a partner is subject to NRPF.

The UC claim still must be made as a joint claim with both partners making a seperate claim and linking them with the code provided.
However because of the NRPF it is then treated as a claim by single person with a NRPF partner.

If the NRPF partner is working/earning then that will be taken into account for UC, if the NRPF partner has savings/capital then those will also be taken into account if it takes joint savings over £6K.
In other words UC still treats them generally as a couple - except that it only pays the single person Standard Allowance and not the couples Standard Allowance. (Plus of course the partner with NRPF can't get the LCWRA element or any other element in their own right).

If the immigration status later changes and the NRPF condition is lifted then UC should be informed and will start to treat/pay it as a full couples claim.

8dayweek

If your Partner’s immigration status / settlement status changes, let UC know so they can conduct a review of the Habitual Residency Test.