Husband being moved to 'very sheltered' accommodation on a permanent basis. No marital breakdown, but now to be treated as single and separate PC claims being made. Wife remains in matrimonial home. She is not lone parent. She is aged 60+ and getting AA.
Need to do HB claim for his rent - is there any way round the marital home being treated as capital asset after six months?
(I have considered the possibility of getting a PC AIP when he moves in to VS which would then passport him for HB entitlement for the period of the AIP)

Thanks

It should be disregarded permanently under para 4(a) of schedule 5 of HB Gen Regs.

Regards
Paul

That was my first thought as well, however if you follow the train of thought taken in CPAG, then the 'partner' is only treated as a partner for the benefit of this provision if you are still treated as living in the same household. This couple are not - as there is a permanent separation (although not marital), they are maintaining separate households and claiming PC independantly of each other. This situation is going to arise more as Social Care start to use placement in very sheltered as an alternative to residential care.
Any views / case law on definition of partner in this type of case?
Thanks

HBR 2 defines partner as follows:

"partner" means—
(a) where a claimant is a member of a couple, the other member of that couple; or
(b) where a claimant is polygamously married to two or more members of his household, any such member;


Regards

Yes, you are right. However it can be disregarded under para 4(b). See R(IS)3/96.

Thanks Paul. Exactly what I was looking for. Any one got a copy they can fax to me or a link for above decision?

Here's a link to R(IS) 3/96 -

http://www.osscsc.gov.uk/aspx/view.aspx?id=673

(links to key websites that hold commissioner decisions, other case law, welfare benefit and tax credit related legislation and guidance are available in the toolkit area of rightsnet)