Forum Home → Discussion → Benefits for older people → Thread
Mixed age couple with SDP - do they get pensioner premium in ESA?
I’m assisting a mixed age couple, older one has ESA claim including 2 SDPs, he is approaching his pension age. The DMG ( https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/874551/dmgch41.pdf ) says he will continue to get ESA in these circumstances and gives the following example
Example
Flo has LCWRA and is entitled to ESA(IR) and HB for herself and her partner George. Her ESA award includes the higher rate SDP. Flo reaches pensionable age, and entitlement to ESA(IR) and HB would normally terminate as she does not satisfy the age-related conditions of entitlement. As George is under pensionable age, the couple cannot be entitled to SPC. Flo and George are also prevented from claiming UC due to the SDP entitlement. George does not have LCW, so cannot claim ESA(IR) instead of Flo. Flo is treated as satisfying the age-related conditions of entitlement, and as not having reached the qualifying age for SPC, so remains entitled to ESA(IR) and HB.
My question is that if the claimant is being treated as not having reached pension age will the pensioner premium be included in their ESA?
Nick
Yes they get the premium. Article 8(2) of the No 31 order treats them as meeting the upper age condition for ESA eligibility, it does not treat them as working age generally for all purposes.
Thanks a lot, I’d hoped that was the case, but it wasn’t very clear from my reading of the guidance and legislation