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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

PC claim: Treatment of Capital Held by Spouse with No Recourse

Freddie
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Housing needs team - Vale of White Horse & South Oxfordshire District Council

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Joined: 8 October 2019

Hi - first time poster here.

I have an elderly UK national who has returned to the UK along with his wife. Both are above pensionable age.

They obtained a partner Visa while still living overseas and have now returned and settled into private rented accommodation. I don’t think there would be any issues with him satisfying the HRT, but his wife is subject to immigration control.

My question is about savings of an partner with no recourse (his wife).

They have each held a sole savings account in the UK for some time prior to returning to the UK. They have approx £40,000 each in their accounts.

His sole income is a state pension of £100 per week.

He wants to claim PC and has asked for advice on this, so I ran a PC calculation for them

If they both had recourse they would qualify for PC on their income and savings.

However, she does not have recourse to public funds so as I understand it, this means she is not treated as part of his household and essentially “invisible”.

I ran the calculation for him again, this time as a single claimant, but including their joint savings. On those figures, he didn’t qualify for PC.

The info on Turn2Us states that

“If your partner is a ‘person subject to immigration control’ they are treated as not being a part of your household for Pension Credit.  Therefore you are paid as a single person and your partner’s income and capital do not affect your claim.”

With this in mind I ran the calculation a third time, now with him as a sole claimant including only his income and savings, and he qualified.

Does this mean that if he applies for PC, then his ‘no recourse’ wife - and her savings - would be disregarded for PC purposes?

How would the DWP actually treat his claim?

Thanks in advance for any ideas or comments!

stevemac
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Horsham CAB, West Sussex

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Reg 5 (1)(h)  of the SPC regs confirms that the partner with NRTPF is treated as not being part of the same household and both the capital and income of the partner with NRTPF will be ignored for PC purposes - as you say your client appears to be eligible for PGC as a single claimant, this would then enable a claim to HB for the private rent ( as the usual capital limit for HB drops away if PGC in payment )
However,  a claim to HB could have implications for the NRTPF partner’s “right to remain in the UK” if this claim is seen to   provide “additional funds” in respect of her so specialist immigration advice should be sought before a claim is made to HB

 

 

Freddie
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Housing needs team - Vale of White Horse & South Oxfordshire District Council

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Joined: 8 October 2019

Thanks Steve, that clarifies the SPC issue.
Could you clarify how her husband claiming HB might affect her right to remain? She is on a 30 month Partner Visa.

Dan Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Freddie - 09 October 2019 02:27 PM

Thanks Steve, that clarifies the SPC issue.
Could you clarify how her husband claiming HB might affect her right to remain? She is on a 30 month Partner Visa.

She is not part of the household for SPC but is for Housing Benefit; I suspect she would be included in the applicable amount for Housing Benefit too. It might not be relevant as; with SPC in payment, HB would be passported but I wouldn’t like to offer firm advice on that without OISC’s supervision.