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Mixed Age Couple
Hi there. I have a mixed age couple who have moved into a new local authority area. They were claiming Pension Credit (prior to May 2019), Housing Benefit, PIP and Carers Allowance. Upon moving they made a new claim to HB in the new local authority but this has been declined, saying that they need to make a UC claim. Is it not correct that if they were in receipt of PGC and HB prior to 15th May 2019 they can continue with PGC and HB at the new property?
Many Thanks
from circular a9/2019
Existing HB claimants: over pension age on 15 May 2019
6. Mixed age couples who are receiving HB assessed under SI 2006/214 on 14 May 2019 remain entitled to HB unless there is a relevant change in circumstances which ends their HB claim. If they are also receiving Pension Credit which remains in payment then they can make a new claim for HB at a later date. The relevant provision is Article 4 of SI 2019/37.
7. If both their Pension Credit claim and their HB claim ends, for example, because they are temporarily absent from home outside Great Britain for more than 4 weeks, then they will have to claim UC
Thanks for your speedy reply - So in their situation where the old claim to HB ended due them moving house, they should be able to make a new claim to Housing Benefit at the new local authority?
yes - so long as their pension credit has remained in payment
We hear this all the time - make sure your clients do not claim UC under any circumstances and the DWP circular that Prisca refers to is here
Thank you all - Presented with the facts, HB have put the application into payment. The couple would have been significantly worse off on UC and had they actually acted quickly on the unsuccessful claim letter there would have been no way back for them! Crisis averted thankfully.
Worth knowing for future reference that in a case like this where there is transitionally protected entitlement to Pension Credit, making a claim for UC on its own does not cause SPC to terminate: it is only if there is an award of UC that SPC ends. That means couples who realise they have made a mistake have a brief window of opportunity to withdraw the UC claim before it is decided without disturbing their SPC award. It also means that SPC won’t terminate if they simply don’t qualify for UC on their income, which is not uncommon for owners and social renters with pension income.
HB, meanwhile, will have correctly terminated 2w after the UC claim ... but a transitionally protected SPC award means they can reclaim HB within three months and reinstate seamless entitlement.
Thankfully not necessary to rely on the above in this case as they didn’t claim UC in the first place.