Spousal income in Care Home

The husband of a client of mine went into a care home.  He is being partially funded by the LA.  His income consists of 2 Works Pensions (as well as state pension).  My client receives half the total of these works pensions.  I applied for Pension Credit for my client.  I hoped the the works pensions she receives would be treated as ‘charitable payments’ and not spousal income - but they were not disregarded.  I had the same result at reconsideration.  Is this right?  I had a vague memory that, as the payments are voluntary, they could be disregarded as charitable.

tlerwillage

It would help if we had some details of why the pension providers are paying half the pension to the pensioner and the other half to your client - is that part of the scheme or is it voluntary or something that the pensioner has asked the pension providers to do?

Sorry but the half occupational pension counts as income for means-tested benefit purposes for both parties. The one in the home and the one in the community.

Thanks both.  I had hoped that because the giving of half of the occupational pension was a voluntary act on the part of person in the care home to the person left at home, then, because it was voluntary, it could not be taken as spousal maintenance.  And if it were not spousal maintenace, then it was not in the list of ‘income’ for PC.