| 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 married person to maintain their spouse (see Section 11) 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 spouse should be
able to contribute towards the cost of the residential accommodation.
4.003 Where a resident is the main recipient of the
couple's income, the local authority 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 authorities themselves to
determine.
Capital limits for couples
4.003A Where a resident is one of a couple (irrespective of
whether the resident's stay is permanent or temporary, or whether the other member of the
couple is also a resident or remains in the former home) the resident must have in excess
of £16,000 capital in his own right, or his share of jointly owned capital must be in
excess of £16,000 before he is excluded from support on the grounds of capital.
Temporary residents
4.004 Where a member, or both members, of a married 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. 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 include:
• a fixed heating charge;
• water rates;
•
• mortgage payments, rent or service charges not met
by IS/HB
• insurance premiums
Permanent residents
4.005 Where one, or both, member of a couple are admitted
permanently to residential accommodation the local authority must assess their ability to
contribute towards the charge according to their individual resources following the rules
laid down in Sections 5 to 13.
4.006 It will be useful to know how Income Support will be
calculated in these cases, as this may give a guideline as to how much the spouse
remaining at home is likely to be able to contribute towards the charge. Where Income
Support is being paid for a couple who are married, and so liable to maintain each
other under Section 42(1) of the National Assistance Act 1948, 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 Income Support is paid to the partner in residential accommodation, the
full amount will have to be taken into account but the local authority 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.
The following paragraphs outline the ways in which Income
Support may be assessed.
THE FOLLOWING PARAGRAPHS ARE FOR INFORMATION ONLY AND
DETAIL THE TREATMENT OF COUPLES IN LOCAL AUTHORITY HOMES FOR INCOME SUPPORT
4.007 While local authorities do not have powers 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
4.008 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
4.009 Where only one member of a married couple 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 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.
4.010 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
4.011 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 regulations (the "Part
III rate" - see Annex A), plus an amount in respect of home commitments.
4.012 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 a 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.
4.013 Where both partners are in different independent
homes or the same independent home IS including Residential Allowance will be paid in
respect of each partner, plus an amount for home commitments where appropriate.
One partner in residential accommodation or both
partners in separate residential accommodation
4.014 Where one partner moves permanently to 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 Benefit Agency may look to the partner at home to make a contribution as
a liable relative.
INCOME SUPPORT TREATMENT OF COUPLES
Both partners in the same residential accommodation
4.015 Where both partners are admitted to the same
residential care or nursing home, the Benefits Agency Adjudication Officer will have
decided whether to assess them as 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 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 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 Adjudications 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 partners.
|
