Partners from abroad and Guaranteed Credit

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  • #20050
    anneb
    Participant

    Can anyone give advice on the following scenario please?

    Claimant in receipt of GC. Pnr joins household from abroad with no recourse to public funds, but has applied for NINO and is in paid employment earning approx £200.00 per week.

    Our customer has informed The Pension Service of a change in his circumstances.

    The Pension Service have considered the situation and advised us, and the customer, that the partner will be ignored for GC purposes and that GC will continue in payment for our customer at single rate.

    Your views would be appreciated. Thank you

    #1852
    Anonymous
    Guest

    Seems a rather bizarre decision on the part of the Pension Service, but if they are still paying GC you will have to pay maximum HB/CTB.

    I wonder, however, if it might be worth questioning TPS’s decision further – maybe an enquiry to the Adelphi?

    #1853
    Anonymous
    Guest

    This looks like an example of different benefits having different rules. Reg 5(1)(h) of the State Pension Regs says that a person subject to immigration control is not treated as being part of the claimant’s household – in effect, they are ignored. This means there is a windfall for the claimant where the invisible partner has some income: one of many Pension Credit windfalls.

    IS and JSA(ib) use the mechanism of a “special cases” applicable amount, so in these circumstances the income would be include but the applicable amount would be for a single person.

    But Pension Credit just ignores them altogether.

    So it is probably correct that this claimant remains on GC.

    #1854
    Darren Broughton
    Participant

    What would you do if the claimant was getting Savings Credit and TPS is treating him as a single person because his partner has no recourse to public funds. Do we modify the AIF by including the partner’s earnings that the Pension Service is not taking into account?

    #1855
    Darren Broughton
    Participant

    It’s ok – I’ve got the answer now.

    #1856
    Anonymous
    Guest

    Out of interest, what answer did you come up with?

    #1857
    Darren Broughton
    Participant

    Well I think that HB (Pensioner) Reg 27 (4)(e) allows you to modify the AIF to take account of a partner’s income where TPS have not included them in the SC calc –

    [i:d843ed207e](4) The relevant authority shall modify the amount of the net income provided by the Secretary of State only in so far as necessary to take into account—
    ……
    (e) the income and capital of any partner of the claimant who is treated as a member of the claimant’s household under regulation 21 (circumstances in which a person is to be treated as being or not being a member of the household) to the extent that it is not taken into account in determining the net income of the person claiming state pension credit;[/i:d843ed207e]

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