× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Partner in residential care and 50% OP disregard

Liz - Blesma
forum member

Membership Support Blesma

Send message

Total Posts: 12

Joined: 27 January 2016

Hello,
I have a client whose husband in now living in residential care. His care charging assessment has 50% of his police occupational pension disregarded as the local authority must disregard this amount if it is paid to the spouse. The family have been told by the local authority that if he does not pass this money over, all of his occupational pension will count as income for his charge for care.

The difficulty comes with his wife’s benefit calculations.
DRH - maintenance payments from a spouse count as income. Does this payment count as a maintenance payment? In reality, I don’t think many people will actually pass this payment over as they will still see themselves as a couple and continue to pool their resources.
I have spoken to an ex colleague who made a relative’s claim for PC with this situation and the DWP disregarded it.

If the DWP do not disregard, my client will not be entitled to PC, but would still get HB / CTS so only those claims would be necessary. The wife could always claim PC and see what happens, but I don’t want her to have to go though an unnecessary process as things are quite stressful for the family at the moment with the changes for the couple.

Can anyone point me to the legislation that will clarify whether this is treated as income or not?

Thank you
Liz

MickD
forum member

Welfare Rights Derbyshire County County

Send message

Total Posts: 101

Joined: 15 March 2016

The 50% occupational pension is classed as spousal maintenance.  Reference SPC regs 15.5d.  It should definitely be counted as income by the Pension Service for Pension Credit purposes.  It is often difficult to actually prove that the money has been passed over if, for example, the couple have a joint account.