Post 15 May 2019 mixed age couple application for PC - what date would count as a date of claim if backdated

Apologies if this is a silly question but it bugs me; what if a partner in a mixed age couple wanted to apply for Pension Credit after 15th of May and backdate this claim for 3 mths (and he was eligible for PC in those months) and this backdate would take him to a time before 15th of May. Let’s say they apply on 15th of July, backdate claim to 15th of April, when it was still possible to apply for PC as a mixed age couple. Does it work that way?

In a nutshell, yes. Provided someone can establish an entitlement to PC on 14 May 2019, then the savings provisions apply to their claim and for a mixed-age couple, they’re not affected by the changes.

As such, PC claims will be possible up to and including 14 August 2019, provided that with 3-month’s backdating they can show they were entitled on 14 May 2019.

Excellent, thanks :)

(For once) set out fairly clearly here https://www.gov.uk/pension-credit/eligibility should you wish to reference it. Last date for making a claim is given as 13th August.

Ianb - 17 April 2019 05:39 PM

(For once) set out fairly clearly here https://www.gov.uk/pension-credit/eligibility should you wish to reference it. Last date for making a claim is given as 13th August.

thanks ian.

Interesting to note the different approaches to HB and SPC itself.

In the case of SPC, the amendment that commences on 15 May says a mixed age couple cannot be entitled to SPC (or strictly speaking a claimant with a working age partner cannot be entitled to SPC).  It doesn’t block claims as such, it just means that a claim will inevitably be rejected.  But there is a three-month window in which SPC can be claimed on or after 15 May giving rise to entitlement before that date, which then engages the saving provision.

In the case of HB, we start from the position that it is no longer possible for a claim to be made from 15 May, even if it would have resulted in HB being backdated to an earlier date.  If the claimant is also entitled to SPC, however, HB can still be claimed and that includes cases where SPC is claimed in the three months beginning on 15 May and backdated: in such cases, the transitional facility to claim HB would be retrospectively activated.  But if the claimant’s income is too high to get SPC as at 14 May 2019, or if the claimant for whatever reason does not claim SPC, it will not be possible to make a backdated HB claim in the three-month window.

I agree the approach is different like you say, but I think a backdated HB claim can still be made. Art 7(4)(a)(i) of the No 23 Commencement Order as amended allows a claim for HB as long as entitlement starts before 15/5.

The thing to watch out for is when swapping claimant from the younger partner to the older. That requires the original claimant to close his/her claim which cannot be backdated. The swap would therefore have to be done prior to 15/5.

EDIT: I suppose it’s possible to interpret Art 7(4)(a) as meaning that the claim also has to be made before 15/5, but I prefer the reading that only entitlement has to start prior to that date.

Yes agreed. Should have learned by now not to trust memory and always check before posting! Article 7 of the No 23 Order does indeed allow the older member of a mixed age couple to claim HB during the three month window with or without SPC.