Hi
my client is 60 & married and living in LA property. Her husband is employed but works away and is still renting another LA property in another area. They applied for HB but were nil entitled due to excess income.
She has now applied for Pension Credit and has been awarded Guarantee Credit. I asked if she had informed them of the current situation re her husband and she assured me she has. Therefore is it resonable to request that HB is assessed on the same basis i.e. as a single person as they are living separate lives at the moment until his employment contract ends later this year. I have advised that she requests a single occupier discount on her CTAX as he is liable at the other property and only resides here 1 weekend per month.
I know the Pension Service do some strange things and often don't look into anything for fraud etc but hope they are correct in this case.

This is one of those situation where a bit of professionalism is needed - i.e. ignore any moral issue and just focus on the law.

Based on the info given, my view is that your client is entitled to HB/CTB based on Pension Credit - this assumes that the DWP have not made an error on the PC AND that your client did provide the full facts.

A couple of CDs that may be worth a look at are:

CH/2304/2004 - e-mailed to Rnet
R(H) 9/04 (aka CH/1502/2004) - on www.osscsc.gov.uk

There is other case law on occupancy, but I don't see it as adding anything unless the LA start trying to make a serious case for the husband being part of the household etc.

Hope this helps.

Will the partner be away for more than 52 weeks?

Thanks to Kevin D CH/2304/2004 is now available on rightsnet.