Claimant receives PC G, Partner has no recourse to public funds

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 10 posts - 1 through 10 (of 10 total)
  • Author
    Posts
  • #38356
    Sarah Hudson
    Participant

    Can anyone help with this one.

    We have a British National who is the claimant. He receives Guarantee Pension Credit.

    His partner from Thailand has no recourse to public funds. She is working and receives Tax Credits.

    I know we have to treat them as a couple for HB/CTB purposes, but not sure how to calculate the income.

    As the claimant receives a Passported Benefit would you award full HB/CTB and ignore the fact that the partner works and receives Tax Credits.

    If not, what other way could this be dealt with? Has anyone had anything like this before.

    #107963
    Kay_Tade
    Participant

    [quote=Sarah Hudson]As the claimant receives a Passported Benefit would you award full HB/CTB and ignore the fact that the partner works and receives Tax Credits.[/quote]

    If the DWP are aware and PCGC is still in payment then no problem. If not, let them know, either wait for
    a response or not, up to you, in my mind there will still be entitlement to HB/CTB so PCGC MIGHT be a moot point, and deal with the claim that way.

    Most, if not all cases like yours that I have come across, invariably are still entitled to PCGC, ergo, HB/CTB.

    #107964
    Sarah Hudson
    Participant

    The Pension Service are aware but have said they don’t take into account the partner’s income in cases like these. So he has been awarded PC/GC based on his income only.
    I don’t think he would qualify for GC if they were to take her income into account.

    #107965
    Kay_Tade
    Participant

    They don’t, it’s the same as JSA(IB), as long as they aware of the PFA’s existence in the household I’m always happy to pay.

    #107971
    Sarah Hudson
    Participant

    Ok thanks Kay.
    It doesn’t seem right does it!!

    #107973
    Anonymous
    Guest

    The treatment of overseas partners in the DWP benefits often causes confusion. These are the rules:

    – in IS/JSA(ib)/ESA(ir) the applicable amount is limited to the single person’s rate but the rest of the assessment is completely normal. So for example any income belonging to the partner should be taken into account and the British national cannot claim IS as a lone parent, because they aren’t.

    – but in pension credit the partner is not regarded as being a member of the household at all – they are completely disaggregated from the assessment and pension credit is calculated as if the British claimant were a single person

    The Working Tax Credit should have been claimed jointly by the claimant and partner and I would guess it should have counted as income in the pension credit calculation. I cannot find any reference right now to the treatment of WTC as income in these circumstances. Does the claimant’s other income plus the WTC still come to less than the GC applicable amount?

    #107974
    Sarah Hudson
    Participant

    Yes Peter it does and i’ve checked with the assessor who is dealing with the claim and the Pension Service have taken the Tax Credits into account when calculating his Guarantee Credit.

    So do we have to pay full benefit based on GC? It just doesn’t seem right does it when the partner is earning!!

    #107976
    Kay_Tade
    Participant

    Ah, I missed the “working and receives Tax Credits” bit but Peter has clarified further. Sarah, that’s just the rules, and we are duty bound by them. So HB payable based on PCGC.

    #107977
    Anonymous
    Guest

    Yes, another Pension Credit windfall to add to your spotter’s list Sarah.

    #107987
    Sarah Hudson
    Participant

    Thank you to you both its very much appreciated

Viewing 10 posts - 1 through 10 (of 10 total)
  • You must be logged in to reply to this topic.