Pension age and UC
Client is part of a MAC claim to UC.
His working age wife left the UK on 12-03-22, did not return until 16-04-22 - was to attend a memorial so no grounds to extend the one month.
Universal Credit closed the claim from 06-03-22 as that was the AP relevant – claim now in payment again
Universal Credit have not paid anything from 06-03-22 until end of May when they paid 27-04-22 to 26-05-22
Universal Credit told the client to claim Pension Credit which he did, but they say can only pay him after one month, as they still deem him as part of a couple until then– so Pension Credit claim they will pay 13-04-22 to 26-04-22 as a single person although have not actually paid him.
Two things I cannot get my head around, and so any responses greatly appreciated
For the first month should Universal Credit not have continued to pay client as single, but then after one month they cannot pay him as wife drops off and he is pension age, so not eligible to Universal Credit – although I also thought as wife was away for less than 6 months she remained on the claim but not paid?
If Pension Credit are correct and the answer to my first question is no he cannot be paid Universal Credit from 06-03-22 as a single person, then what should he claim/be paid i.e. he has had no HB or HCE.
For the period they say that PC is due would he now need to make a HB claim to the date that UC reinstated, but as noted this would still leave a gap?
Thanks in advance for any ideas/support
I think I would challenge the PC decision and seek backdating to 13.03.22. The UC rules are quite clear that you can continue to be treated as a couple for up to one month if the absence of one partner is not expected to exceed that period and in fact doesn’t exceed that period.
As your client’s absence was expected to exceed that period at the outset, that one month period does not apply in this case so the UC award has been terminated from 06.03.22 on the basis that there is a negative change of circumstances in the next AIP that means they are no longer entitled to claim as a couple from that point.
I can’t really see how you would argue the one-month extension of UC - as soon as he starts to be treated as a single claimant, he falls foul of the age restriction.
I think you’d probably need to try and restrict the argument to seeking the PC award to be put into payment from 13.03.22 onwards as they clearly weren’t entitled to PC before then due to being an MAC and both in the UK.
From your post it seems like the HB claim was never made so I would be getting that put in asap with a request for backdating to 13.03.22 also.
Brilliant, thanks, Paul.