married couples allowance

I'm surprised HMRC are trying to withdraw MCA before they know whether he'll return home before 5/4/10...!

Have you found a written definition of "separated"? If it requires that they live apart for the whole tax year in order that MCA is withdrawn, can the wife fix-it to spend one night in the nursing home?

It's certainly a situation I've not met - and I agree it's probably not what was intended. But then UK law rarely is... :-(

Keep us posted.

If the interpretation of the legislation is correct, I'd be interested to know whether they'd be entitled to two single person's pensions instead of just the married couple's pension. As you're either married or you're not, it seems absurd if the government could win both ways.

It appears that HMRC helpline advice was wrong - what a shock!

What do you mean "two single person's pensions"? If they both have a the necessary contributions they both *will* get two state pensions in their own right, married or not. Being married just means you can get up to 60% basic state pension based on your spouse's contribution *if* that's more than your own contribution get you.

You can't get less in basic/second state pension by virtue of being married (although you can in means tested benefits like pension credit/housing benefit etc).

Bitstring , from the wonderful person Andy Pandy said

It also means you can get extra for a non-pension-age spouse, eg a 65 YO man with a 17 YO spouse can get the married pension, regardless of whether said spouse has any NI contributions (and given the state of government records keeping, probably regardless of whether she even exists).

Eh? Where do you get that idea from?

There's no such thing as a "married pension". What there is, is the ability to be able to claim a pension based on your spouse's NI record. But you can't do that till you reach state pension age.

So the 17 YO would be able to get a pension based on her husband's record - but not till she's 68 (or whatever the state pension age is then).

Meanwhile the husband would get the same state pension as if he was single.

Bitstring , from the wonderful person Andy Pandy said

Based on experience that appears not to be the case. Although admittedly the lady was 54 not 17.

Bitstring , from the wonderful person Andy Pandy said

Nope, actually it's when the spouse reaches pension age ..

I believe the rules may be changing from April 2010 .. who can keep up with it. 8>.

But SHE has to be state pension age as well! That is implicit.

Forget the noddy guide, read NP46, the proper guide to state pensions:

a.. . have reached State Pension age (see pages 18 to 21); and b.. . meet the contribution conditions for a Category A pension; and c.. . have claimed his Category A pension; and d.. . be entitled to his Category A pension. She must also have reached her State Pension age (see pages 18 to 21) and claimed her State Pension. "

Before or after April 2010, nobody gets a state pension before their state pension age.

So who is getting what, exactly?

A 54 year old can't get a state pension, period.

A 65+ year old man with a 54 year old wife will get exactly the same state pension as he'd get if he were single.

Not sure of the rules for pension credit and I CBA looking them up - but possibly someone over state pension age with a spouse under could get the couple's amount - as means tested benefits are jointly assessed.

Bitstring , from the wonderful person Andy Pandy said

No it isn't (yet)

I'm not talking about category B, I'm actually talking about additional category A for the retired partner, based on having a dependant. i.e. a 'married person's pension'.

Read page 41 - a retired man can (currently) get additional pension for a dependant adult below retirement age ..

A person can claim an increase in their State Pension for one dependent adult, but only until 6 April 2010. Increases that have been awarded by that date will be protected until: ? the qualifying rules are no longer met; or ? where the increase is being paid for a wife, she reaches State Pension age; or ? 5 April 2020; whichever happens first. [SSCBA sections 83-85, 88; SS (Dependency) Regs 1977; Pensions Act 2007 section 4] An increase for a wife A man can get an increase of Category A pension for his wife if he gets some basic Category A pension. (The rules for women who want to claim an increase on their Category A pension for their husband are different ? see page 42 for details.) He will get less than the standard amount for his wife if he qualifies for a basic State Pension at a reduced rate. He cannot normally get an increase for his wife if: ? she gets State Pension or any other State benefit for herself; ? she gets a training allowance or a job release allowance; ? she has earnings, an occupational pension or a personal pension above a set amount (currently £60.50 a week for 2008/09); or ? he gets benefit for her under the Industrial Injuries or War Pensions Schemes. But if another State benefit is paid to, or for, his wife and it is less than the increase in his basic State Pension for her, he will be able to get the difference in the two amounts. This is paid with his State Pension. If his wife does not live with him, he can get an increase for her if he pays maintenance to her of at least the amount of the increase and she does not have earnings, an occupational pension or a personal pension that are more than the weekly standard amount (for 2008/09 this amount is £54.35). [SSCBA section 83; SS Dependency Regs 1977]

Ah ha! Apologies - you are right. It's still true that nobody gets a state pension before their state pension age, but it seems there still is provision for a "dependant" in the state pension system - although this is means-tested as explained on p.41.

It really is a sexist throwback that is thankfully being got rid of - note how a man can get this means tested increase for his wife providing she's not earning, but a wife can only get an increase for her husband if he's not earning AND was on incapacity benefit (p.42)!

So a woman doesn't need an excuse not to be working, a man does!