SECTION 4

SECTION 4 - COUPLES

Local authority Treatment of couples

4.001 Under the National Assistance Act 1948, the local authority has no power to assess a couple according to their joint resources. Each person entering residential care should be assessed according to their individual means, although the liability of a partner to maintain their spouse (as per Section 11: Liable Relatives) should be considered in each case.

4.002 Similarly, the local authority has no powers to use the assessment regulations as a basis for assessing how much a liable partner should be able to contribute towards the cost of the residential accommodation.

4.003 Where a member, or both members, of a couple are admitted to residential accommodation on a temporary basis their ability to contribute towards the charge should be assessed individually according to Section 3.

Income Support for couples

4.004 Where a married couple are claiming Income Support it will be useful to know how their benefit is assessed. This may give an indication of how much the spouse who remains at home is likely to be able to contribute towards the cost of accommodation.

Temporary Residents

4.005 Where the couple are temporarily separated as a result of one being admitted to residential accommodation they will still be treated as a couple for Income Support purposes, and the whole amount of Income Support will normally be paid to one partner (generally the partner remaining at home). However, the total amount of Income Support payable to the couple may be calculated by adding together the amounts each partner would receive if they were assessed as single people. This ensures that the total Income Support meets the couple's separate needs.

One member of a married couple temporarily in residential accommodation

4.006 Where only one partner is temporarily in a local authority managed home the Income Support applicable amount for the couple will be the amount laid down in paragraph 10B(1) of Schedule 7 to the Income Support (General) Regulations 1987 (the "Part III rate" - see Annex A) for the resident, and Income Support calculated as if he were a single person for the partner at home. If Income Support is paid to the partner remaining at home it would be reasonable to expect him to contribute at least the amount laid down in Annex A towards the cost of care on the basis of his liability to maintain his spouse under Section 42(1) of the National Assistance Act 1948, which applies in Scotland by virtue of Section 87(3) of the Social Work (Scotland) Act 1968.

4.007 Where one partner is temporarily in an independent home, and the couple are entitled to Income Support, the Income Support applicable amount will be the greater of

· the normal applicable amount for the couple as if they were both still at home

· the normal applicable amount for the partner remaining at home plus the applicable amount for the partner in the residential accommodation as if they were a single person

Both partners temporarily in residential accommodation

4.008 Where both partners are temporarily in local authority managed homes, their Income Support entitlement will be twice the amount laid down in paragraph 10B(3) of Schedule 7 to the Income Support (General) Regulations 1987 (the "Part III rate" - see Annex A), plus an amount in respect of home commitments.

4.009 Where both partners are in residential care and one is in a local authority managed home and the other in an independent home, the Income Support entitlement will be the appropriate amount for each partner as if he were a single person, ie the "Part III rate" for the partner in the local authority managed home, and normal Income Support including Residential Allowance for the partner in an independent home, plus an amount for continuing home commitments where appropriate.

4.010 Where both partners are in different independent homes or the same independent home, Income Support including Residential Allowance will be paid in respect of each partner, plus an amount for home commitments where appropriate.

4.011 In every case, the local authority must assess each resident separately. Disregard any Income Support awarded in respect of home commitments. Income Support and Housing Benefit may not meet the full cost of continuing home commitments. Where there are extra costs, disregard such additional amount as appears reasonable. Extra costs might be:

· a fixed heating charge;

· water rates;

· service charges not met by IS/HB;

· insurance premiums.

Permanent residents

4.012 Where one, or both, members of a couple are admitted permanently to residential accommodation the local authority must assess their ability to contribute towards the charge will be assessed according to their individual resources following the rules laid down in Sections 5 to 13.

4.013 It will be useful to know how Income Support will be calculated in these cases, this may give a guideline as to how much the spouse remaining at home is likely to be able to contribute towards the charge. The following paragraphs outline the ways in which Income Support may be assessed.

One partner in residential accommodation or both partners in separate residential accommodation

4.014 Where one partner moves permanently to a residential accommodation Income Support will be paid as if he were a single person. No account will be taken, in the Income Support assessment, of the resources of the partner remaining at home although the Benefits Agency may look to the partner at home to make a contribution as a liable relative.

Both partners in the same residential accommodation

4.015 Where both partners are admitted to the same residential care home or nursing home, the Benefits Agency Adjudication Officer will have decided whether to assess them as a couple or separately.

4.016 A married or unmarried couple who live in the same household are treated as one unit for Income Support assessment purposes, and their resources are "aggregated". This means that all the capital and income resources of the couple, whether jointly owned or owned by one partner or the other, are taken into account in one assessment for the couple.

4.017 An important factor in deciding whether to treat two residents as a couple for Income Support purposes is whether they live in the same household. A married couple living in separate homes would not be aggregated because they do not share one household.

4.018 Normally, if both partners are living in the same residential care home or nursing home they would be considered to be living in the same household. However, there may be exceptions, eg where one partner lives in a nursing wing and the other in a residential wing, they might be said to live in separate households.

4.019 If the Benefits Agency Adjudication Officer has decided to aggregate the couple's resources Income Support will be paid to one member of the couple taking into account the needs of both members. It would be reasonable to expect the partner receiving the Income Support to contribute towards the charge for accommodation for the other partner a sum equivalent to the Income Support payable for that partner, if they are married and liable to maintain each other under Section 42(1) of the National Assistance Act 1948.