Claiming Housing Costs via UC in case of mixedage couples

Hi I wonder if anyone came across this and can advise.

My client is 76 year old pensioner in receipt of SP of £164per week and 2x occupational pensions total £111per week. He does not get Pension Credit.

He lives with his partner who is 52 years old and working earning about £1000net per month. No other income.

They are in a temporary accommodation and have been served with a notice to quit due to £9k rent arrears.

They were in receipt of HB up till December 2016- claim was initially suspended then terminated on 20th Feb2017. This is because they failed to provide information about their income to HB (not clear at this point what info, query has been made to HB awaiting response).

We are full UC service area.

Advisernet says ’ If either you or your partner has reached Pension Credit age, at the moment, you may be able to claim Pension Credit instead of UC’.

In this case the couple does not qualify for Pension Credit, does that mean that if they now need to get help with Housing Costs, they have to apply for Universal Credit? My understanding is that they would be financially worse off on UC but cannot confirm the figures as none of the benefits calculators available to us recognise this case scenario.

I would appreciate your comments. Thanks

Justyna

I doubt they would qualify for UC.  In a full service area they can claim it if they want, but they have about £265 a week of income that will be deducted £1-for-£1 from their max UC (state pension is included as income), plus earnings that will reduce it by a further £150.  They would need to have a housing element of around £300 a week to qualify for UC.  In UC, temporary accommodation attracts LHA.  If they are a couple with no children, even the country’s highest 1B LHA is only £260 a week.

So the only chance they have of qualifying for any means tested benefit is to reclaim/appeal HB.  They can still claim HB in a full service area: Article 7 of the No 23 Order (which prevents new claims for HB, IS and Tax Credits in UC full service) makes an exception for split-age couples.  The HB means test is more generous:

- it has higher allowances for pensioners that are absent from UC
- it tapers pensions at 65%

Not only that, HB does not limit temp acc to the LHA.

So HB is the way to go.

Hi Thank you for your advice. I just want to add that their rent is £283per week and they also have 1 non dependant son living with them age 34 (not working or claiming ) I gather from   your comments they would still be much better off on HB regardless

They would, yes.