HB for MAC with existing ib/ESA

Hi, I am looking for advice regarding mixed aged couple and housing benefit.

Client has been in receipt of ib/ESA, housing benefit and CTS for some years.
Partner reached state pension age and has been receiving state pension for 2 years. As a result ib/ESA is still in payment with couple rate, SG, SDP (as both get PIP) and extra amount for pensioner premium, with deduction for partners SP.
Client is unsure if HB claim was in her name or partners. Does this make a difference?

Client received a call from LA today advising her that her HB should have stopped when her partner reached state pension age. HB claim has been closed and she has been advised to make a claim for UC.

They were not a MAC when HB claim started some years ago and partner reached SP age after 2019.

Guidance from A3/2019 states
“A5: If they are currently claiming income based JSA, income related ESA or IS through the younger partner, they should continue to claim those benefits until they both reach pension age or move onto Universal Credit.”

Does client have to make a claim for UC for help with housing costs?

You are correct and the LA are wrong (as per). Not much to add, you’ve got the reference from the guidance so I would appeal the decision to terminate the HB award asap and whatever they do, do not claim UC.

Thank you Paul.

Client spoke to LA yesterday. They had no record of her ib/ESA claim. They have amended her case and HB will be reinstated.