Title of Payment: Pre-Retirement Allowance Keywords: Means - whether they should be assessed independently of wife’s - family unit - whether Appellant and wife could be considered a family unit.

Title of Payment: Pre-Retirement Allowance

Case Summary:

The Appellant had been legally separated from his spouse since 1998. The Appellant and his spouse continued to reside in the same house but in separate areas. The Appellant’s Pre-Retirement Allowance was means tested on the basis that the Appellant was living with his former spouse as a family unit. As such, her earnings were considered in assessing the Appellant’s means. The deciding officer’s decision was appealed. The Appellant established to the satisfaction of the Appeals Officer that the marriage tie was broken. The Appellant’s means were assessed on their own and were calculated as being nil. The appeal was allowed. 

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Friday, 15 December 2006

Title of Payment: Pre-Retirement Allowance

Case Summary:

The Appellant had been legally separated from his spouse since 1998. The Appellant and his spouse continued to reside in the same house but in separate areas. The Appellant’s Pre-Retirement Allowance was means tested on the basis that the Appellant was living with his former spouse as a family unit. As such, her earnings were considered in assessing the Appellant’s means. The deciding officer’s decision was appealed. The Appellant established to the satisfaction of the Appeals Officer that the marriage tie was broken. The Appellant’s means were assessed on their own and were calculated as being nil. The appeal was allowed. 

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