| Circular SWSG5/94 5455 - Community
Care: National Assistance (Assessment of Resources) (Amendment No.2) Regulations 1993:
Regulations and Guidance
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.
4.003A Where a resident is the main recipient of the
couple’s income, the local authority’s charge could result in a substantial
reduction in income remaining for the spouse at home. In such cases it may be appropriate
for the local authority to consider increasing the resident’s personal expenses
allowance, as described in Section 5, in order to leave enough for them to continue to
support their partner at home. The use of this discretion should be considered and
negotiated in the light of the individual circumstances of each case, but it would be
reasonable for the local authority to take into account factors such as the usual standard
of living of the spouse at home, and if the spouse has higher than average outgoings for
whatever reason. However, the weight to be attached to these considerations will be for
the authority themselves to determine.
Income Support for couples
4.004 While local authorities are unable to assess a couple
according to their joint resources, this is not the case for Income Support. The treatment
of a couple for Income Support will depend on a number of factors and it may 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 member of a married couple is
temporarily in a LA managed home the Income Support applicable for the couple will be the
amount laid down in paragraph 10B(1) of Schedule 7 to the Income Support regulations (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
Part III rate amount which he has received in respect of his partner 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. If Income Support is paid to the partner in residential
accommodation, the full amount will have to be taken into account by the LA could consider
varying the personal expenses allowance as described in Section 5 in order to leave enough
for the partner at home to meet their expenses.
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
or
• 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 theses 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. |
