pension credit – mixed age couple with NRPF partner

Client may be entitled to PC, gets AA & no one gets CA or UC carer element.

Partner is under pension age & has NRPF, is working.

I know that client can claim PC as a single person (reg 5 (3)-(5) PC Regs). But is partner’s income taken into account? It seems that it may not be, as there is no reference to the calculation of income and capital, as there is in reg 3 UC Regs. Nor is there any reference to calculation of the PC appropriate minimum guarantee.

Which brings me to the severe disability addition. If the partner is treated as not a member of the same household, does that mean client should still get it?

Schedule 1, para 1 PC Regs talks about ‘a claimant who has no partner’ – which you’d think would not apply. BUT the definition of ‘partner’ (reg 1), refers back to being a member of a couple. And that refers to being ‘members of the same household’, which they are treated as not being.

However, there’s still the issue of normally residing with a person over 18, & that (Sched 1, para 1(a)(ii)) doesn’t mention households.

https://www.turn2us.org.uk/Benefit-guides/Nationals-of-non-European-Economic-Area-(EEA)-coun/My-partner-is-a-person-subject-to-immigration-cont#guide-content

Suggests income is ignored but that the severe disability addition isn’t possible as client is still normally residing with partner.

So I think that’s the answer. Nice about the income though – first positive thing I’ve found about mixed age couples!
http://dlvr.it/SBRNNK

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