I have a cl who is appealing a decision that he is not entitled to Pension Credit because his wife is not a qualified person. For some of the time in question she was working variable hours - around 10-15 a week but was also in receipt of a top up of JSA some weeks, until JC+ decided she had a regular pattern of work and stopped her JSA. Can she be a worker in this period even though she was signing on as a workseeker?

Worker and workseeker do not affect Pension Credit.

For Pension Credit purposes a claimant or partner cannot receive JSA (IB) and Pension Credit for the same period.

If the JSA(IB) customer or their partner applies for Pension Credit the JSA IB claim must be closed as they cannot receive both.The claimant and their partner may receive JSA (Cont), but not JSA (IB).

The date of claim for a couple application to Pension Credit if the partner was receiving JSA(IB) is the day after it ended. any earnings from employment should be taken into account with the appropiate disregard.

Do you mean "qualified person" for right to reside purposes? Is he an EEA (non UK) national?

If so, then Ros White has just posted relevant info on the "other benefit issues" forum.

Thanks for that, I'm looking at it now.