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Forum Home  →  Discussion  →  Housing costs  →  Thread

Mixed age couple

Weeman
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Service assurance team - Blackburn With Darwen Borough Council

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Total Posts: 7

Joined: 2 May 2013

Morning all, just after your thoughts on this scenario (confusing response received from Northgate)
A working age couple claiming HB based on the younger partner’s ESAir award and SSSC applies.  The older member of the couple reaches 65 on 02.05.19 however, his state pension age took effect 06.11.19.  So, between May and November they were considered under working age rules and the SSSC applied. 

ATLAS confirmed NEWSP from 06.11.19 when he became pension age and SSSC dropped from the claim however, the younger partner is still in receipt of ESAir. 

My question - Because the older partner was not a ‘pensioner’ at 20.05.19, am I correct in thinking that the MAC protection should not apply and we were correct in applying the SSSC?  Also, are we correct in awarding full HB from the Monday following the award of NEWSP?

Thank you

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Total Posts: 1411

Joined: 27 February 2019

The SSSC should not apply from 06.11.19, but should have been applied until that date. They still are, and always were, assessed under the working-age regs, and that contains an exception for a couple where either have reached pension-age. See Reg A13(2)(d). The MAC protection is irrelevant here, as that is only for couples potentially claiming under the pension-age rules.

So yes, from the Monday after the older partner reached pension-age, full HB was correctly awarded.

[ Edited: 1 Oct 2020 at 10:14 am by Charles ]