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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

UC and mixed age couples

Chrissum
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WRAMAS, Bristol City Council

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So I’ve trawled the discussions, t’internet and asked colleagues and am still unclear as to the current position in full service areas as to whether a mixed age couple can still opt to claim pension credit rather than be “forced” to claim UC. The gov website states for UC
You can only claim if you live with a partner who is eligible for Universal Credit and under Pension Credit qualifying age.
and for PC - no mention of UC at all

I remember reading somewhere that the relevant pension credit regs hadn’t been changed so the choice exists and that this will change sometime in the future, but I might have dreamt that.
Is anyone able to clarify from experience or otherwise what the position is for mixed age claimants in a full service area, please.
Many thanks.

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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If you want the legal justification, go first to Article 7 of the WRA 2012 No 23 Commencement Order.  This allows split age couples to claim HB and Tax Credits.

As for Pension Credit itself, para 64 of Schedule 2 to the Welfare Reform Act 2012 amends the State Pension Credit Act to say:

A claimant is not entitled to state pension credit if he is a member of a couple the other member of which has not attained the qualifying age

BUT it has not been brought into force: it requires a commencement order and there has not been one.  Until that happens. there is nothing to stop any individual over SPC age fropm claiming SPC, irrespectivbe of whether they have a partner or of how old that partner is.  The SPC-age claimant “owns” the SPC claim: the working age partner is not a claimant, s/he is a function of the calculation.

That is totally, definitively how it is, I promise you.

Chrissum
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WRAMAS, Bristol City Council

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Many thanks for that. Good to know I didn’t dream the bit about the commencement order!

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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We;ve been told by DWP that changes to this situation are likely put back due to the further delays to roll out as well.

Gareth Morgan
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Paul_Treloar_AgeUK - 02 February 2018 11:19 AM

We;ve been told by DWP that changes to this situation are likely put back due to the further delays to roll out as well.

What timings are you hearing Paul?  I’ve been told that it may now not happen until pensioners’ HB is replaced by a Housing Pension Credit and that won’t be until after full UC rollout.

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Gareth Morgan - 02 February 2018 11:30 AM
Paul_Treloar_AgeUK - 02 February 2018 11:19 AM

We;ve been told by DWP that changes to this situation are likely put back due to the further delays to roll out as well.

What timings are you hearing Paul?  I’ve been told that it may now not happen until pensioners’ HB is replaced by a Housing Pension Credit and that won’t be until after full UC rollout.

No timings, just that it’s all up in the air, in part because of the reasons you note around housing elements etc.

Chrissum
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Thanks Paul. That’s what I thought.