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staff-014: What is the impact of someone’s partner on their Pension Credit?

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source-c009: DMG Vol 13 Ch 77: Conditions of entitlement, membership of the household and normal amount payable — PDF page 15

Official source · Exact excerpt and hashes

Age, GB presence and mixed-age-couple conditions with savings provisions and routes.

77035 For the purposes of entitlement to SPC, a mixed-age couple is one where one member has

reached the qualifying age and the other has not.1 This definition includes a polygamous marriage where
at least one party to the polygamous marriage has reached the qualifying age and at least one party has
not2.


Note 1: This definition applies only to new claims to SPC from 15.5.19. Savings provisions have effect as

though the exclusion of mixed-age couples from SPC had not come into force 2. So a member of a mixed-
age couple who was entitled to SPC or pension age HB or both on 14.5.19, continues to be so entitled on
or after 15.5.19. The savings provisions cease to have effect to a member of a mixed-age couple on or
after 15.5.19 when that person is no longer entitled to SPC or pension age HB as part of the same mixed-
age couple.


Note 2: Where one of a mixed age couple is a PSIC, SPC is paid to the claimant as a single person. 3
However, if entitlement to HB arose before 15.05.19, and that HB is in payment to them as a couple then,
once the partner is no longer a PSIC, they can be a couple for SPC.


Note 3: For detailed guidance on the treatment of mixed-age couples where a claimant who has reached
the SPC qualifying age would otherwise not be entitled to SPC or UC, see DMG 77140 et seq.

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source-c010: DMG Vol 13 Ch 77: Conditions of entitlement, membership of the household and normal amount payable — PDF page 20

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Household definition candidate; continuation and exceptions required.

77115 The claimant’s household may include


1. the claimant


2. the claimant’s partner


3. any additional spouse in a polygamous marriage case.


This applies even if any of these people are temporarily living apart 1, for example to work or visit
relatives.


Note: See DMG 77140 for guidance on mixed-age couples.


                                                                        1 SPC Regs, reg 5(2); Sch III, para 1(8)


Members of a multiple relationship
77116 There is no special rule to cover multiple relationships. If the claimant is


1. married to one but not all of the other members of the relationship - the DM should treat any
unmarried member as a claimant who has no partner


2. not married to any of the members - the DM should treat each member of the relationship as a
claimant who has no partner. This is because when a claimant has a relationship similar to marriage with
two or more people, none of them can form an unmarried couple.


Example 1


Alan, Bronwyn and Carol live in the same household but are not married to each other. Alan who is aged
65, claims SPC and states that he is in a multiple relationship with both Bronwyn and Carol. He is treated
as a claimant who has no partner and is awarded SPC as a person who has no partner. Bronwyn and Carol
are also treated as claimants who have no partner.

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source-c011: DMG Vol 13 Ch 77: Conditions of entitlement, membership of the household and normal amount payable — PDF page 26

Official source · Exact excerpt and hashes

Mixed-age-couple household rules explicitly reference DMG and ADM memos.

77140 (See ADM memo 05-24) (see DMG memo 04-24) For the purposes of whether members of a
couple are members of the same household, mixed-age, whether for a couple or a marriage, means

where one member has reached the qualifying age and the other member has not 1. This includes a
polygamous marriage where at least one party to the marriage has reached the SPC qualifying age and

at least one party has not2.


Note 1: This is a different definition of mixed-age couple from that for the purposes of entitlement to the
SPC savings credit which remains as it is (see DMG 77350).


Note 2: See DMG 77033 for the meaning of qualifying age.


                                                                      1 SPC Regs, reg 5(6)(b); 2 reg 5(6)(c)


Meaning of polygamous marriage
77141 A polygamous marriage is one


1. during which a party to the marriage is married to more than one person and


2. which took place under the laws of a country that permits polygamy 1.


                                                                                    1 SPC Regs, reg 5(6)(d)


77142 - 77149



Membership of the household

77150 Normally claimants are excluded from claiming SPC where they are a member of a mixed-age

couple1 – see DMG 77031 and 77035. See also DMG 77035 Note 1 for savings where the exclusion does

not apply. The guidance at DMG 77160 – 77184 applies where 2 a claimant who has reached the
qualifying age would otherwise not be entitled to SPC or UC because they are


1. excluded from SPC as a member of a mixed-age couple and

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source-c031: DMG Vol 14 Ch 84: Deemed weekly income from capital — PDF page 128

Official source · Exact excerpt and hashes

Deemed-income mechanism and combined partner capital; valuation, disregards and notional capital need other passages.

84911 The amount of deemed weekly income from capital is £1


1. for each £500 over £10,000 and


2. for any capital which is left and which is not a complete £500 1.


                                                                  1 SPC Act 02, s 15(2) & SPC Regs, reg 15(6)


84912 - 84920



How to work out the amount of deemed weekly income

Total amount of capital
84921 The total amount of capital each person has is the total of the value of each item of actual capital
and notional capital that person has. The total amount of capital of claimants is


1. the total amount of their capital if they do not have a partner or


2. the total amount of their capital and the total amount of their partner’s capital if they have a partner 1.


                                                       1 SPC Regs, s 5 & s 12(2)(d) & reg 8 & Sch III, para 1(4)


When does income become capital
84922 Where a claimant receives income, at a certain point that income becomes capital. This point is
reached when the period for which the income is paid has expired. So the DM should have regard to

receipts of income when calculating tariff income deemed to be generated from a claimant’s capital 1.


Example


Bill submits a claim for SPC on 21 August. He provides a bank statement dated 18 August showing a
balance of £12,335.46. If tariff income were calculated on this amount it would be £5.00 per week. Bill
also receives RP of £415.63 which is paid four weekly directly into this bank account. He last received a

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source-c012: DMG Vol 13 Ch 77: Conditions of entitlement, membership of the household and normal amount payable — PDF page 33

Official source · Exact excerpt and hashes

Guarantee Credit and Savings Credit calculation inputs are distinct; no formula executable from this isolated page.

77303 If there are


1. any additions to the SMG, the total amount of GC will be the appropriate minimum guarantee (AMG)


2. no additions to the SMG, the SMG will be the AMG and the total amount of GC will be the amount of
the AMG


less any income relevant to the SPC income assessment. See DMG 77330 et seq for guidance on how to
work out the amount of GC payable.




Savings credit
77304 The amount of SC depends on1


1. the level of the claimant’s income and


2. the amount of the


      2.1 claimant’s qualifying income (QI) and


      2.2 savings credit threshold (SCT) and


      2.3 AMG and


      2.4 maximum savings credit (MSC).


See DMG 77353 et seq for guidance on how to work out the amount of SC payable.


                                                                                      1 SPC Act 02, s 3


77305 - 77329

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