Married? It's news to me

Jim and Mary: Same house, separate lives

We're just good friends, insists Mary Legard.

But that's not enough for the Department for Work and Pensions.

It says that because Mary and her friend Jim Dennison bought a home together, they must be treated as a married couple.

And that means she is not eligible for a single person's Pension Credit.

Mary, who has been widowed twice, wanted to move from Yorkshire to a retirement home in Essex.

Bungalow

Her old friend Jim was keen to do the same thing so six years ago they agreed to buy a bungalow together in Frinton.

They have different rooms and keep their finances separate.

Mary: Surprised

So when Mary applied for Pension Credit, which came into force in October this year, she was surprised to discover the DWP classified them as husband and wife.

Mary's income is £114 a week because she has a small private pension.

But if she were treated as single, she would qualify for the reward part of the Pension Credit.

This could boost income to a maximum of £139 a week for thrifty pensioners who've put a bit aside for their retirement.

Angry

The DWP's decision was made after an official visited Mary and Jim's home and asked about their social lives, their shopping habits and whether they watched TV together.

What's made Mary even more angry is the fact that if she had been sharing her home with another woman, she would be entitled to the money.

"I'm just so cross that my word, which I've signed is true, will not be accepted," she says.

The DWP have made a wrong judgement here. Mervyn Kohler, Help the Aged

She claims the ruling constitutes sexual discrimination.

But the DWP disputes this, saying: "The fact that opposite sex individuals living together can be assessed as not co-habiting demonstrates there is no question here of sex discrimination."

All the same, Mary is taking her case to a tribunal.

"I feel the DWP have made a wrong judgement here," says Mervyn Kohler of Help the Aged.

"What this couple need to be assessed on is their income, and they are not sharing income.

"I'm glad that this is going to an appeal because we might get a ruling from the appeals tribunal which enables cases like this to be judged much more sensitively and appropriately in future."