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Backdating HB claim for couple
Hello
We have a couple where one is working (in his late 50s) and partner is over pension credit age and gets a State Retirement Pension. They have a HB entitlement but I cant work out whether they will be able to get 3 months backdate as she is PC age and he is working age. He made the HB claim.
Reg 64(1) of HB(SPC) Regs apply for 3-month’s backdating for PC-age claimant.
As your couple have chosen to have the working age person claim HB, I don’t think they are eligible for 3-month’s backadate unfortunately. Interpretation is from reg.2 “claimant” means a person claiming housing benefit;
You just need to work out if it’s a working age claim or a pension age claim so HB Reg 5 is what you need. In cases where one member of a couple has reached the qualifying age for SPC but the other hasn’t, it will be a pension age claim unless either of them is getting IBJSA, IRESA, IS or UC so in your clients’ case it sounds like they’ll be pension age. If that’s the case then the pension age (3 month) backdating rules apply.