Mixed age couple - killed off their HB?

I have a mixed age couple who get a full state pension plus three occupational pensions between them (of varying amounts).

They were previously getting income support, but this stopped on 10th May when DWP realised they had additional occ. pensions. They made a claim for UC on 14/5. They’re not entitled to PC or UC but the UC claim has issued a stop notice for their HB. Are they stuck? They’re going to lose over £100/week HB in the process.

Any thoughts of how they might retain their HB, or ‘fight’ the stop notice gratefully received…

They can reclaim HB within three months of the date it stopped and their entitlement will be seamlessly reinstated.  I think they get to keep the two weeks’ max HB that was paid after the UC claim, because they were perfectly entitled to claim UC if they wanted and so it was correct to award them the two week run-on.  HB at the normal means-tested rate should resume immediately afterwards.

The regs cater for this as follows:

- Reg 6 of the UC(TP) Regs 2014 says you cannot make an HB claim if you are a “UC claimant”, which means you are entitled to UC or have a claim or recon/appeal pending.  That no longer applies to them.
- Article 7(4) of the No 23 Order as amended from January allows an HB claim to be made by the older partner as long as entitlement commences before 15 May.

Actually, that might not be correct.  I have just seen the date in your original post.  Should have read it all the way to the end before I replied!

So the current HB award is going to end on 28 May, which means it will be too late to reclaim HB after the current award terminates.

We’ve had enquiry in similar but different circumstances.

Client approached local authority about making HB and CTS claims in April, and were advised HB abolished and needed to claim UC instead. They’re MAC with older partner aged 67 years.

They claimed uC and got nil entitlement, presumably due to client’s state pension exceeding?

Go back to LA after 15 May and told they’re sympathetic to their situation but refusing to accept new HB claim and saying there’s nothing they can do.

I can’t see reg.6 applies here (no UC entitlement and no outstanding UC claim waiting for decision) and I believe that can make new HB claim and get it backdated to 14 May so also then covered by savings provisions. Do you agre?

Yes, that is correct.

There is a subtle clue in there that the LA doesn’t really understand the rules: they advised the client that HB has been abolished but it hasn’t: not anywhere for any person of any age.  There are rules that stop you claiming HB and there are rules that cause HB terminate in lot of situations.  But abolished? No.  That bit of the WRA 2012 has yet to commence for any purpose.