treatment of income from occupational pension where partner is in care

HI

Looking for some help for a lady whose husband is now in residential care. This man is self funding due to level of capital (held solely by him).  The gentleman is question has an occupational pension and this is paid into his wife’s bank account. 50% of the value of the pension will be disregarded in any financial assessment when paying for care.  Wife is allowed to retain this income (but arguably will still have to use it to pay towards fees).

I have just assessed for pension credit for her as this isn’t currently in payment - but I am not sure how receipt of the payment of pension would affect things? In reality, the pension is paid into her account and she has control to spend (or pay towards care).  Technically, the money isnt hers. I am having a debate with charging team as just because it is disregarded in the financial assessment, doesnt mean that it belongs to her but would this be treated as maintenance? they aren’t judicially separated nor divorced, and I cant see what other type of income this could be? 

Hoping it is ignored.

thank you

We see these cases fairly often and usually the Pension Service disregard 50% of a pension being paid over to the partner still at home as income for PC purposes.

However, those are also usually cases where the care home resident is being assisted with LA funding (and where the charging regulations for social care make specific provision for such arrangements).

Can’t see an obvious reason why that would be different for a self-funder all the same. It’s still a voluntary transfer of someone’s pension.