Mixed age couple - UC or ESA?

Couple where one is over state pension age.

She got ESA contributory and he gets SRP. They both have PIP DL so would normally claim PC for double SDP top up but would now be UC. Can’t claim UC due to double SDP.

Would she claim ESA income based to get double SDP even though he is above pension age?

SDP only prevents a UC claim if someone currently has (or within last month had) a legacy means-tested benefit award including an SDP.  It’s not clear from your post whether that is or was the case.  Can I ask:

- Are they on HB?
- Has any other DWP means tested working age benefit ended within the past month?
- What is the event that has prompted them to contact you - is it the end of her ESA(c) after 12 months, is it him reaching SPC age or something else?
- Was it new style ESA?

I am checking but I think its is that he reached SP age.

Further complicating factor is that it is a shared ownership property in an extra care scheme which as supported accommodation means UC is not an option for that reason (if not for the double SDP reason).

I had one of these the other day and we came to the conclusion that everything should stay as was before they reached PC age.
The guidance is here: https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2019/a92019-mixed-age-couples-further-guidance
at point 12 onwards, and has some useful examples!

Hope that helps.

Yes very helpful. Thanks. I knew I had read something about this scenario but couldn’t remember where and it was that HB Circular.

Thanks

That guidance applies to people who already have, or recently had an SDP.  We still don’t know whether this couple did.  So, again:

- Are they on HB?
- Was there any DWP means-tested benefit in payment before he reached SPC age?
- Was her ESA(c) new style?

This is to establish whether they had, or should have had, an SDP in either HB, ESA or possibly even a different DWP working age benefit

HB Anorak - 20 January 2020 04:21 PM

That guidance applies to people who already have, or recently had an SDP.  We still don’t know whether this couple did.  So, again:

- Are they on HB?
- Was there any DWP means-tested benefit in payment before he reached SPC age?
- Was her ESA(c) new style?

This is to establish whether they had, or should have had, an SDP in either HB, ESA or possibly even a different DWP working age benefit

Doesn’t the presence of supported accommodation mean that they would have to claim HB, and immediately establish entitlement to SDP, in any case?

Yes, agreed, they could claim HB and if they qualify for at least 50p a week use that to avoid UC and get ESA with an SDP.  Presumably their income is low enough to qualify for HB - if not, there certainly isn’t any point claiming ESA(ir)!

Need the HB in place first though if they don’t have any other legacy benefit SDP to rely on

If the ESA is contribution based (not new style ESA) can they not simply ask for the ESA claim to be reassessed for income based top up? This would then include double SDP and Pensioner Premium.

Which is why HBAnorak was asking the questions he did.