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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Pension Credit - severe disability premium

Nicola Hersh
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Freelance benefits consultant, London

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Total Posts: 106

Joined: 14 September 2010

My client has just been awarded attendance allowance. His fiancée has her own her home nearby, but she often stays overnight and sleeps in the lounge. This is to look after my client. I am about to assist my client to apply for the severe disability premium but is there a risk that Pension Credit could say he is not living alone if his fiancée stays so much? They have separate households, pay their own bills etc., but she buys food sometimes for him. She is retired but does not claim any benefits. Thanks

Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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If both have separate “households”, they cannot be a “couple” as defined in social security legislation.  Even if they were married, the “household” definition must still be satisfied before they are a “couple” for benefit purposes.

Ariadne
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Social policy coordinator, CAB, Basingstoke

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I don’t think the partner rules are necessarily what the question is about; it’s about the non-dependent rules for a person who doesn’t have a partner. The wording is “normally residing with the claimant or with whom the claimant normally resides” and the principles are identical to those in IS cases.
CIS 14850/1996 found that for a person to be “normally resident” it was necessary for him to have lived in the house concerned, if not permanently, for a sufficient length of time for it to be considered as his normal abode. The facts are to be determined on a common sense basis.

Nicola Hersh
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Freelance benefits consultant, London

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Total Posts: 106

Joined: 14 September 2010

Thank you both for your very helpful replies