Mixed age couple - remain on IRESA or claim UC

Hi All,

I have a client who is currently in receipt of IRESA and HB. Her partner is due to be moving in, he is pension age and in receipt of SRP.

Can he be added to the existing ESA and HB claims as a change of circs or will this trigger a claim to UC?

Thanks in advance

Good question. I think the older partner can definitely be added to the existing ESA award as that is a simple change of circumstances.

As for the HB award, we know that this is currently made under working-age regulations, due to the ESA award, and so in my opinion, this can also continue in payment after he moves in. That’s because Article 6 of CO31 only states the following:

(2) The awards are those where entitlement under the Housing Benefit SPC Regulations as part of a mixed-age couple begins on or after the appointed day and where the awards are made—

(a)at any time, under the Housing Benefit Regulations 2006 F1 or the Housing Benefit SPC Regulations, to a person who, after the award, becomes a member of a mixed-age couple;

So that deals with a situation whereby a single person claiming pension-age HB forms a mixed-age couple - in that case, the HB award would terminate.

However, because this is definitely a working-age HB award, then I think it’s entirely unaffected.

I agree with Paul, but just wanted to add that if the partner’s pension income floats them off irESA then HB would also stop.