Pension Credit and disregarded capital

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  • #20337
    Anonymous
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    Could someone please confirm if the following would be treated as capital in the calculation of Pension Credit:

    Mr owns a second property jointly with his brother. The brother lives in the property and is elderly and disabled.

    I’ve scanned the SPC regs 2002 and Schedule 5 Part 1 paragraph 4 states:

    [i:ccc4ccb5cb]Any premises occupied in whole or in part –

    (a) by a partner or close relative of a single claimant as his home where that peron is either aged 60 or over or incapacitated.[/i:ccc4ccb5cb]

    This would suggest that the second property would only be disregarded if he didn’t have a wife (which he does). Am I missing something?

    #2767
    Anonymous
    Guest

    From the Pension Credit Procedures Guide:
    “Premises occupied by relatives

    15200 If premises are occupied by close relatives, you can disregard indefinitely the value of any premises they live in, provided the property is lived in as the home by a:

    close relative of either the customer or his partner where the relative is;
    aged over 60
    disabled
    former partner of a customer and they are not estranged or divorced, eg when one of a married couple goes into residential care and they are treated as not being members of the same household”

    From the Regs you get a different take on it and I would agree with you. However, the Regulations would then be discriminating against customers with partners. This would appear to contravene Article 14 of the Human Rights Act. However, Decision Makers would be following advice in the DMG and the procedures guide first.

    Of course someone else may put me right.

    #2768
    Anonymous
    Guest

    I put this on a DWP board and a more learned colleague relayed:

    “According to the Blue Volumes, SPC Regs Schedule V was amended from 04/10/04 [by Reg 7(6) of SI 2004/2327].

    It now reads: Any premises occupied in whole or in part (a) by a person who is a close relative, grandparent, grandchild, uncle, aunt, nephew or niece of the claimant or of his partner as his home where that person is either aged 60 or over, or is incapacitated.”

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