I am sure that the answer to this query is obvious and I have simply been looking in the wrong place but can anyone point me to the regulations concerning the treatment of joint capital when one member of a couple is in respite care. I know that the applicable amounts are calculated as if for two single people for IS and as a couple for PC but i don't seem to be able to track down how the capital is worked out, I imagine that it is just treated as joint capital in the usual way for PC but does the same apply to IS.

thanks eeveryone

Pete.

See reg 52 of the IS Regs. However, you need to read the commentary very carefully and pay particular attention to the decision in Hourigan.

If it is really respite care, ie temporary, fixed term care then the jointly owned home remains the dwelling normally occupied as the home and is disregarded under para.1, Sch.10, IS Regs, read with Sch.3, para.3. Or is it 'temporary' care which is covered by Sch.3, para.3(8)?

Reg.52 and Hourigan are only likely to be an issues when one partner has moved permanently into residential care. Even then the most common solution is to use para.4 Sch.10 if the partner not in care is over 60 or incapacitated.

Richard Atkinson