× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Mixed age couple / Tax Credits

MaggieB
forum member

Dorchester CAB

Send message

Total Posts: 271

Joined: 11 October 2010

Mixed age couple, so can currently claim PC. Partner works. QBC showing WTC claim can be made.  Does being on PC allow a claim for WTC in full service UC area?

Charles
forum member

Accountant, Haffner Hoff Ltd, Manchester

Send message

Total Posts: 1411

Joined: 27 February 2019

Since February no new tax credit claim can be made by mixed-age couples (nor, in fact, by couples both of whom have reached pension-age).
Do they currently receive CTC or did they get WTC last tax year?

HB Anorak
forum member

Benefits consultant/trainer - hbanorak.co.uk, East London

Send message

Total Posts: 2895

Joined: 12 March 2013

I hesitate to correct Charles, who is not usually guilty of skim-reading commencement orders, but doesn’t the saving in Article 3(3)(b) of the No 32 Order mean that a mixed age couple can still claim Tax Credits?  Article 7(4)(b) of the No 23 Order still allows it doesn’t it?

The definition of “UC couple” in Article 1 of the No 32 Order would seem to apply here - they don’t need to be on UC (indeed if they were that would prevent them from claiming Tax Credit).

Charles
forum member

Accountant, Haffner Hoff Ltd, Manchester

Send message

Total Posts: 1411

Joined: 27 February 2019

I think Art. 5(4)(b) (and Art. 5(3)(a)) of the No 32 Order remove the ability for mixed-age couples to claim tax credits.

Jon Blackwell
forum member

Programmer - Lisson Grove Benefits Program, Brighton

Send message

Total Posts: 501

Joined: 18 June 2010

Charles - 01 April 2019 08:21 PM

I think Art. 5(4)(b) (and Art. 5(3)(a)) of the No 32 Order remove the ability for mixed-age couples to claim tax credits.

That’s how I read it too - Art 7(4)(b) of the No 23 order is omitted without saving (along with it’s equivalent in Art 6 of the No 21 order )  - those were the provisions which were keeping new pension-age (including mixed-age) TC claims going .

 

Charles
forum member

Accountant, Haffner Hoff Ltd, Manchester

Send message

Total Posts: 1411

Joined: 27 February 2019

Jon Blackwell - 01 April 2019 08:33 PM

That’s how I read it too - Art 7(4)(b) of the No 23 order is omitted without saving (along with it’s equivalent in Art 6 of the No 21 order )  - those were the provisions which were keeping new pension-age (including mixed-age) TC claims going .

I actually think pension-age couples (not mixed-age) were anyway able to claim tax credits. Witness the ability of such couples to claim housing benefit now. However, due to the abolition of tax credits for such couples, they cannot now claim TCs.

Edit to explain: After the amendments made by the No 31 Order, there is no allowance in Art 7 of the No 23 Order (and Art 6 of the No 21 Order) for HB claims by pensioners. The government obviously believe that such claimants were never disallowed from making such a claim by Art 7(1)  of the No 23 Order (or Art 6(1) of the No 21 Order).

[ Edited: 2 Apr 2019 at 04:57 am by Charles ]
HB Anorak
forum member

Benefits consultant/trainer - hbanorak.co.uk, East London

Send message

Total Posts: 2895

Joined: 12 March 2013

Yep - I never doubted you would be right!  So Article 3(3)(b) is only saving advance claims made before 1/2/19 with the award commencing afterwards, right?

Charles
forum member

Accountant, Haffner Hoff Ltd, Manchester

Send message

Total Posts: 1411

Joined: 27 February 2019

Yes, but it also allows those with an SDP and frontier workers to claim TCs.

[ Edited: 2 Apr 2019 at 05:00 am by Charles ]