married but living apart

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  • #38151
    esmith66
    Participant

    hi

    I’ve found a few posts on this subject but nothing that quite matches our scenario

    Pensioner claimant who was in receipt of PCGC married a younger woman but she does not live with him as she has live-in employment in another county. She visits him occasionally and doesn’t contribute to the household finances at all (she spends all her money on her children who live elsewhere). Her accommodation, food etc are provided by the employer.

    The PS have treated them as living together and stopped his PCGC, however, he insists that she is not living with him. Unfortunately he has now stated that in the past couple of months she has stayed with him one week out of 4, which complicates matters, he’d previously stated that she’d never lived with him

    would you treat her as maintaining her own household or treat her as temporarily absent due to her work?

    any advice would be appreciated, thank you

    #107475
    Kay_Tade
    Participant

    See HBR 21(2)(Pension age regs), as she returns at least once every 52 weeks, she is treated as a member of a couple is the same household.

    Regulation 21 Circumstances in which a person is to be treated as being or not being a member of the household

    #107607
    esmith66
    Participant

    thanks Kay

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