Notional income

The notional income rules specific to pension age members of mixed-age couples are included in the Universal Credit Regulations 2013 (SI.No.376/2013).

NB: See below for equivalent legislation in Northern Ireland.

Notional income rules for retirement income available upon application

Regulation 74 of SI.No.376/2013

Includes provision for treating a pension age claimant as possessing pension income if entitled to it were a claim made.

In Northern Ireland, SR.No.216/2016 includes notional income provisions that are largely equivalent to those in Great Britain.

Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.

Advice for decision making

Chapter H5

Provides guidance on unearned income rules including on notional income from retirement pension income available upon application.

Case law​ provides further interpretation of the legislation and establishes legal precedent.

We’re not aware of any case law relating to this issue.