Marriage and benefits

[og ogilby]

Both myself and my girlfriend own our own houses with no mortgage, I am self employed and she is on universal credit and she also gets PIP at the higher rate. If we were to get married but carry on living apart would there be any change in her benefits?

We're very happy as we are, but as we get older we are both aware that if something were to happen to either of us, not being married could give us significant difficulties with regards to inheritance and health care issues. We have both written a will leaving everything to each other, but still, that doesn't really feel water tight. Civil partnership would also be fine if that would be a better option?

 

[Puddy_Tat]

i'm a bit out of touch with the benefits system, but that's a new one on me.

the benefits system as i knew it was pretty hot on trying to establish that two people who lived in the same place were 'living together as a couple' - and it's about the only bit of the system that recognises couples that are not legally married / partnered.

likewise if a 'single person' on benefits has too regular visits from a partner (particularly if a single parent), they will try and prove that they are only pretending to live separately - and again, i don't think it makes a lot of difference if the partner is legally married / partnered or not.

i'm not sure how often visits have to be to be 'too regular'

all i found on a (fairly brief) web search was a similar question on benefits + work forum which doesn't really count as a definitive answer, and the rules might have changed since then.

advicenow has a fair bit of advice on living together without being married / partnered, and while the 'living together' bit isn't relevant to your circumstances, some of it may be.

carrying on as you are now might cause issues in terms of longer term health care and so on - not being legally next of kin, although may be something that can be dealt with via lasting power of attorney.

and some pension schemes (including, although it may have changed / reduced, the state pension) will include a widow/er's pension.

i don't think that civil partnership and marriage have any legal differences in practical terms.

i have a feeling that some specialist advice in the short term might be the best bet.

 

[kalidarkone]

PIP isn't means tested so if that is the only benefit in question then married or not, living together or not I don't think it makes a difference.

Being married will change your tax code though.

I just googled though and there are other people that know better......

 

[Aladdin]

Dunno about England but over here...two elderly sttaight men who were friends got married to each other just avoid inheritance tax.

Elderly male friends plan to marry to avoid inheritance tax

Michael O’Sullivan and his friend Matt are not gay but think marriage is ‘not a bad idea’

www.irishtimes.com

 

[newme]

PIP isn't means tested so if that is the only benefit in question then married or not, living together or not I don't think it makes a difference.

Being married will change your tax code though.

I just googled though and there are other people that know better......

PIP isn't means tested? When we looked into it for my SO it rejected us for having savings over 16k before we even started.
Also living together and not married so the whole what if someone dies thing has come up, tho most of it happens to be in my name so thats more of a problem for me to solve.

 

[kalidarkone]

PIP isn't means tested? When we looked into it for my SO it rejected us for having savings over 16k before we even started.
Also living together and not married so the whole what if someone dies thing has come up, tho most of it happens to be in my name so thats more of a problem for me to solve.

PIP eligibility isn't based on your National Insurance contributions and it isn't means-tested, so how much you earn or how much you have in saving doesn't make a difference.

If you’re awarded PIP before you get to State Pension age, you’ll continue to receive it afterwards, too. You can still make a claim if you’re working.

From:

Personal Independence Payment (PIP)

Personal Independence Payment (PIP) is a benefit for people who need help with daily activities or getting around because of a long-term illness or disability.

www.ageuk.org.uk

 

[A380]

PIP isn't means tested? When we looked into it for my SO it rejected us for having savings over 16k before we even started.
Also living together and not married so the whole what if someone dies thing has come up, tho most of it happens to be in my name so thats more of a problem for me to solve.

PIP isn't means tested. My wife gets it and we are fortunate in having in excess of the £16k threshold for other benefits.

 

[Elpenor]

Being married will change your tax code though.

Depends. Perhaps not in OPs case if they’re self employed?

However if one of the couple is a basic rate tax payer, and the other does not earn enough to pay tax it’s possible to benefit from Marriage Allowance (this also applies if you’re in a civil partnership) which transfers approx 10% of the personal allowance to the higher earner.

Marriage Allowance

Marriage Allowance allows you to transfer some of your Personal Allowance to your husband, wife or civil partner: what you get and how to apply for free.

www.gov.uk

 

[smmudge]

I don't know about the benefits. But I would seek further advice if there's any chance that either of you would wish to sell one of your houses after you marry but before you die.

I don't know how HMRC would view two married people who aren't separated but also don't live together (i think they would actually consider you living together anyway unless the marriage broke down), there may be a chance that they do not consider both houses to be a "main residence" and so you may be liable for Capital Gains Tax on the sale of one (and they're lowering the annual exemption amount this year and again next year).

 

[Sasaferrato]

PIP isn't means tested so if that is the only benefit in question then married or not, living together or not I don't think it makes a difference.

Being married will change your tax code though.

I just googled though and there are other people that know better......

It can change your tax code, but to your advantage. If your other half has income that is below their personal allowance £1200.00 pa can be transferred to their partner. It comes to £210.00 a year.

There was the Married Couple's Tax Allowance, but it vanished a long time ago.

 

[InArduisFouette]

PIP isn't means tested? When we looked into it for my SO it rejected us for having savings over 16k before we even started.
Also living together and not married so the whole what if someone dies thing has come up, tho most of it happens to be in my name so thats more of a problem for me to solve.

PIP is not means tested i know people who are higer rate taxpayters who get High care and high mobility PIP, although its really rather hard for DWP to deny PIP when someone has a complete Spinal cord injury and is a full time wheelchair user

 

[newme]

PIP is not means tested i know peopel who are higer rate taxpayters who get High care nad high mobility PIP ,although its really rather hard for DWP to deny PIP when someone has a complete Spinal cord injury and is a full time wheelchair user

Yes I know people on PIP now who are on higher rate via partner, I used entitled to and it had some complaint about savings at the time. Aware its changed now, or I was wrong, or both. Currently we can get by on my income and the PIP process itself causes issues for SO so it is down to her to decide. Pension contributions have a while til thats an issue so working towards that. I see no need to cause hassle to someone that struggles when we can cope fine. Personally I want to take every penny, but not even a penny if it is against their wishes. I have framed it as it being their income and various other things, they know the positives. It is a process, I cannot make someone claim things and absolutely not my SO when I can deal.

MH DWP processes are not pleasant or easy, often rejected the first time and series of bad experiences with MH people has not helped. I se it enough from physical issues, saw someone with MS rejected. We have time to deal with it for now.

 

[Dystopiary]

PIP is not means tested i know people who are higer rate taxpayters who get High care and high mobility PIP, although its really rather hard for DWP to deny PIP when someone has a complete Spinal cord injury and is a full time wheelchair user

Nah, they've denied PIP and other disability benefits to loads of people, including people with severe disabilities and health issues. The majority who appeal have the decision overturned though, but that's a palaver and a worry that they shouldn't have to go through. Course, the DWP bank on people being too disheartened/tired/unsupported to appeal, which sadly does happen too.

 

[newme]

Nah, they've denied PIP and other disability benefits to loads of people, including people with severe disabilities and health issues. The majority who appeal have the decision overturned though, but that's a palaver and a worry that they shouldn't have to go through. Course, the DWP bank on people being too disheartened/tired/unsupported to appeal, which sadly does happen too.

Relative who has a higher rate tax payer as a spouse got the full whack. Despite them working on the side, free car even tho they can't drive and had 2 there already.

I know people with MS who were denied. It's not a very well run system. Like you said it's often rejected first time.

 

[A380]

Relative who has a higher rate tax payer as a spouse got the full whack. Despite them working on the side, free car even tho they can't drive and had 2 there already.

…

Hey, you missed out ‘getting an enormous telly from the council. ‘

Not really the thread for daily mail style ‘benefit cheats’ bile.

 

[Silas Loom]

.

 

[weepiper]

Excellent debunking of the 'free car' myth here (it's a thread)

 

[Looby]

PIP isn't means tested so if that is the only benefit in question then married or not, living together or not I don't think it makes a difference.

Being married will change your tax code though.

I just googled though and there are other people that know better......

Marriage doesn’t change your tax code but as Elpenor said couples might be able to apply for tax refunds if one doesn’t earn enough.
Despite massively objecting to this archaic policy, we did claim it for a couple of years when I was a student.

Fucksake sorry I realise I’ve replied to an old post.

 

[andysays]

Marriage doesn’t change your tax code but as Elpenor said couples might be able to apply for tax refunds if one doesn’t earn enough.
Despite massively objecting to this archaic policy, we did claim it for a couple of years when I was a student.

Fucksake sorry I realise I’ve replied to an old post.

This is interesting.

When my wife and I got married a few years ago, I informed my employer's pay roll dept, and was told they did need to know/it wouldn't make any difference.

At that time she was also working and earning over the allowance, but now she's currently not working/earning, it might be worth revisiting this.

 

[Elpenor]

Worth looking at - it can be backdated to 2019 according to the link andysays

When I did it I had to call HMRC and my wife and I had to give our NI numbers and then they set it up. it was worthwhile for us as she started working in February and didn’t earn above the threshold for that tax tax year only so I benefited by approx £200. It might be doable online now.

It means a higher tax free allowance so you’ll pay less tax each month while it’s in operation, more money in your pocket

 

[Looby]

We did it for previous years so got a nice (inconvenient) cheque which I probably spent on trainers and tequila.

 

[Dystopiary]

Excellent debunking of the 'free car' myth here (it's a thread)

Can only see the one post if you're not signed in.

Full thread - Thread by @RoadsideMum on Thread Reader App

 

[andysays]

Worth looking at - it can be backdated to 2019 according to the link andysays

When I did it I had to call HMRC and my wife and I had to give our NI numbers and then they set it up. it was worthwhile for us as she started working in February and didn’t earn above the threshold for that tax tax year only so I benefited by approx £200. It might be doable online now.

It means a higher tax free allowance so you’ll pay less tax each month while it’s in operation, more money in your pocket

She's only stopped working recently, so no need to backdate it, but definitely worth exploring...

We did it for previous years so got a nice (inconvenient) cheque which I probably spent on trainers and tequila.

At least you didn't waste it on anything frivolous

 

[Epona]

She's only stopped working recently, so no need to backdate it, but definitely worth exploring...

At least you didn't waste it on anything frivolous

She should definitely do it - you're entitled to offset a portion of one spouse's unused allowance against the other's taxable income - I do it yearly when I'm not working, or not earning enough to pay tax - it's not a huge amount but we're on a low household income and every bit makes a difference.

 

[andysays]

She should definitely do it - you're entitled to offset a portion of one spouse's unused allowance against the other's taxable income - I do it yearly when I'm not working, or not earning enough to pay tax - it's not a huge amount but we're on a low household income and every bit makes a difference.

So what do we have to do/how do we do it?

I assumed I needed to inform my work payroll and give them her details, but the way you're describing it makes it sound like it's the not-working partner who has to claim it

 

[Looby]

So what do we have to do/how do we do it?

I assumed I needed to inform my work payroll and give them her details, but the way you're describing it makes it sound like it's the not-working partner who has to claim it

She can apply online. She’ll need to sign up for a HMRC account if she doesn’t have one but it’s easy.

Apply for Marriage Allowance online

Marriage Allowance allows you to transfer some of your Personal Allowance to your husband, wife or civil partner: what you need, how to apply for free online.

www.gov.uk

 

[andysays]

She can apply online. She’ll need to sign up for a HMRC account if she doesn’t have one but it’s easy.

Apply for Marriage Allowance online

Marriage Allowance allows you to transfer some of your Personal Allowance to your husband, wife or civil partner: what you need, how to apply for free online.

www.gov.uk

Thanks for that.

We'll make sure we spend at least some of the money on booze or trainers

 

[og ogilby]

She can apply online. She’ll need to sign up for a HMRC account if she doesn’t have one but it’s easy.

Apply for Marriage Allowance online

Marriage Allowance allows you to transfer some of your Personal Allowance to your husband, wife or civil partner: what you need, how to apply for free online.

www.gov.uk

I've just done it 5 minutes ago.

The lowest earner needs to sign in (that can be the hard part) once they're in all they need is the name of their partner and also their partners NI number. They also need to give the date of the marriage/civil partnership and select the years they are claiming for. It takes a couple of minutes if you have all the details ready.

 

[og ogilby]

Both myself and my girlfriend own our own houses with no mortgage, I am self employed and she is on universal credit and she also gets PIP at the higher rate. If we were to get married but carry on living apart would there be any change in her benefits?

In answer to my own question. Yes, it would seem that you can get married and live apart and still carry on claiming UC.

My partner has now put her house up for sale so she is intending to move in with me once the house has sold. We entered into a civil partnership a few weeks ago and when she rang the DWP to inform them of her change in circumstances they told her she would carry on getting UC until the money from the sale hit her bank account at which point she would have more than the 16K limit so would then have to come off UC.