Terms & Conditions

[Darren Broughton]

I’ve been asked to give an opinion on a case but I’m stumped.

Claimant for both HB & Savings Credit goes into hospital in September 2004 and has been in various hospitals since (apart from a brief return home for Christmas in 2004). The partner has told us that he will not be coming back out of hospital since he suffers from dementia and is also a bit violent.

The Pension Service continue to award Savings Credit as a couple as the claimant is not deemed to be permanently resident elsewhere.

The HB/CTB claim for the male has been cancelled wef Sept 2005 on the grounds that he has been absent for over 52 weeks. The partner is 53 and has no income in her own right – the claimant receives an adult dependants addition to his retirement pension for her.

She has made a claim for HB/CTB in her own right but what income should we use? Her husband’s pension and SC get paid into their joint bank account and she draws from this.

[Kevin D]

Good to see that, once again, a classic example of joined up government. But, enough of the carping (at least for now… 😈 ).

Taking a punt, straight in the deep end, I’d probably go for this. It seems clear that the monies paid in respect of the husband is not that of the clmt.

That, to my mind, leaves two options, both being inferences:

1) Treat the clmt’s income as the drawings from the joint account; but only to the level of the Applicable Amount; or

2) Treat the clmt’s income as being equal to that of the dependancy addition. This is probably less strong, as it contradicts the suggestion that the addition is the income of her husband.

As an aside, it seems the clmt probably needs to get independent advice about the income for both herself and her husband.

Hope this helps.

[Author]

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