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Pension Credit, treatment of voluntary payments
My client has been refused Pension Credit because the DWP take into account a voluntary payment from her ex spouse. They rely on the regulation below (my emphases). But what if a regular voluntary payment was from someone other than an ex spouse eg a friend or relative? The PC regs seem to be silent on this (unless I’m missing something).
If I could find a regulation that confirms a disregard of voluntary payments, I might be able to argue that it applies to the particular circumstances in my client’s case.
The State Pension Credit Regulations 2002
(5) For the purposes of section 15(1)(j) (income to include income of prescribed
descriptions), income of the following descriptions is prescribed– ...
... (d) payments made towards the maintenance of the claimant by his spouse *
1, civil partner, former spouse or former civil partner or towards the
maintenance of the claimant’s partner by his spouse 1, civil partner, former
spouse * or former civil partner , including payments made–
(i) under a court order;
(ii) under an agreement for maintenance; or
(iii) voluntarily;*
Pension Credit has a different income rules structure to working age means tested benefits. They include everything ‘except’ what’s listed. Pension Credit lists what’s taken into account and disregards everything else.
In this example it seems to be clearly covered. If you’re thinking of getting the money via someone else then (a) it’s covered by payments to 3rd party rules and (b) it’s fraudulent.
So voluntary payments, other than maintenance, are disregarded then? Of course I wouldn’t dream of advising my client to fraudulently manipulate payments through a third party. That’s not at all what I am saying. I am just exploring an argument, whether the payments she gets from her ex are not maintenance.
If the payments aren’t for maintenance, what are they for?