Social Welfare Consolidation Act 2005 section 217

Total amount payable to a couple

Section 217 limits the total social welfare payments a couple can receive when one partner gets a contributory benefit or pension and the other gets farm assist, ensuring the combined amount does not exceed what would be payable if only one of them were claiming.

• Where one partner receives a benefit such as illness benefit, jobseeker's benefit, a state pension or similar, and the other receives farm assist, the combined total must not exceed the higher of the two amounts that would be payable if only one partner were claiming — any excess is deducted from the farm assist payment.
• A protective floor applies where one partner receives jobseeker's pay-related benefit and the other receives farm assist: the combined total must not fall below the farm assist amount (with increases) that would apply if only one partner were receiving jobseeker's allowance — though this protection is disapplied where means other than jobseeker's pay-related benefit are also assessed.
• Where one partner receives jobseeker's allowance, pre-retirement allowance or farm assist and the other also receives farm assist, the combined total cannot exceed what would be payable to a single claimant, and each partner receives half of that single-claimant amount.
• A "couple" for these purposes means a married couple living together, both civil partners of a civil partnership living together, or both cohabitants.