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Pension Credit or UC
Don’t forget though, the Commencement Order allows for situations whereby someone claiming HB as mixed-age couple on 15 May can later on establish an entitlement to PC afresh (or indeed revive a PC claim that stops for any reason post-15 May) and vice versa (Article 4).
Provided the couple in question retain entitlement to either HB or PC, they can claim they other after implementation day.
*I prefer this to Toy Boy Tax, do you think it might catch on?
It’s a winner in my book ;)
*I prefer this to Toy Boy Tax, do you think it might catch on?
It’s a winner in my book ;)
Feb. 2011 - The Anti Trophy-Wife Measure (c)GM
You can even vote on it now
I’m winning!
Frank Field has written letter seeking clarification from Amber Rudd on a number of pertinent issues.
In the legacy benefits system anyone claiming IBJSA or IRESA would receive a premium of the difference between the working age benefit personal allowance and the PC minimum income guarantee - meaning they would usually receive an amount comparable to what they would receive if they claimed PC.
UC has done away with this and the reasons given seem illogical to me - I would like to know the true rationale for this change which I suspect is saving money. Having thought about it, one possible workable solution would be for UC to have a higher Standard Allowance for a mixed age couple of around £790 a month (the average of the couple over 25 UC standard allowance and the couple PC minimum income guarantee). If nothing else that would avoid the unacceptable situation where a single person on PC is better off than a mixed age couple on UC.
House of Common Library briefing which -
Looks at some of the issues currently raised in connection with Pension Credit - including the introduction of changes for ‘mixed age couples’
Hypothetical question based on real life example.
Mixed-age couple claiming PC and HB with SDP on both due to claiming disability benefits. One partner has PIP stopped on reassessment in April 2019, which means they lose double SDP and thus lose entitlement to both PC and HB.
MR for PIP stuck in and gets nowhere so they have to appeal. This takes them past 15 May 2019. Appeal reinstates PIP award. Can we get them back on PC and HB and if so how? I’m sure there’s been similar discussion on here before but I can’t find the thread and I’m tying myself up with the revision and supersession rules and getting lost.
Article 4(2) of the CO states that the savings allowing people already claiming to continue to claim or make new claims don’t apply if the person stops being entitled for one day.
Any thoughts gratefull received. Thanks.
Hypothetical question based on real life example.
Mixed-age couple claiming PC and HB with SDP on both due to claiming disability benefits. One partner has PIP stopped on reassessment in April 2019, which means they lose double SDP and thus lose entitlement to both PC and HB.
MR for PIP stuck in and gets nowhere so they have to appeal. This takes them past 15 May 2019. Appeal reinstates PIP award. Can we get them back on PC and HB and if so how? I’m sure there’s been similar discussion on here before but I can’t find the thread and I’m tying myself up with the revision and supersession rules and getting lost.
Article 4(2) of the CO states that the savings allowing people already claiming to continue to claim or make new claims don’t apply if the person stops being entitled for one day.
Any thoughts gratefull received. Thanks.
if they havent claimed uc, can they not get the decision to end hb reviewed and then that would allow a pc claim?
Hypothetical question based on real life example.
Mixed-age couple claiming PC and HB with SDP on both due to claiming disability benefits. One partner has PIP stopped on reassessment in April 2019, which means they lose double SDP and thus lose entitlement to both PC and HB.
MR for PIP stuck in and gets nowhere so they have to appeal. This takes them past 15 May 2019. Appeal reinstates PIP award. Can we get them back on PC and HB and if so how? I’m sure there’s been similar discussion on here before but I can’t find the thread and I’m tying myself up with the revision and supersession rules and getting lost.
Article 4(2) of the CO states that the savings allowing people already claiming to continue to claim or make new claims don’t apply if the person stops being entitled for one day.
Any thoughts gratefull received. Thanks.
if they havent claimed uc, can they not get the decision to end hb reviewed and then that would allow a pc claim?
That’s what I’m trying to work out. The savings provision for HB are lost if no entitlement for one day - so I can’t see that they can make a new HB claim after 15 May. The decision to stop PC/HB needs to be the focus, without that, then as written, i can’t see a way back.
Pension income would have to be quite significant to lose the last 50p of HB even without the SDP, so in most cases I don’t think this will in practice remove transitional protection from 15 May - they would still be a mixed age couple on partial HB as at 15 May.
In those cases where loss of SDP means no residual entitlement to either HB or PC, there would be no point in claiming UC as they won’t qualify for that either so they just have to “tough it out” while the PIP appeal goes through. The successful PIP appeal will then retrospectively restore HB and/or SPC, which will keep the transitional protection in place.
In essence I believe the successful appeal makes it as if HB/SPC never stopped.
Hypothetical question based on real life example.
Mixed-age couple claiming PC and HB with SDP on both due to claiming disability benefits. One partner has PIP stopped on reassessment in April 2019, which means they lose double SDP and thus lose entitlement to both PC and HB.
MR for PIP stuck in and gets nowhere so they have to appeal. This takes them past 15 May 2019. Appeal reinstates PIP award. Can we get them back on PC and HB and if so how? I’m sure there’s been similar discussion on here before but I can’t find the thread and I’m tying myself up with the revision and supersession rules and getting lost.
Article 4(2) of the CO states that the savings allowing people already claiming to continue to claim or make new claims don’t apply if the person stops being entitled for one day.
Any thoughts gratefull received. Thanks.
if they havent claimed uc, can they not get the decision to end hb reviewed and then that would allow a pc claim?
That’s what I’m trying to work out. The savings provision for HB are lost if no entitlement for one day - so I can’t see that they can make a new HB claim after 15 May. The decision to stop PC/HB needs to be the focus, without that, then as written, i can’t see a way back.
i think a review of the hb decision would be fine as it was wrong and there wouldnt be a uc claim later on in the time line to close it.
like most things these last few weeks though im responding with what i think rather than what i know.
Pension income would have to be quite significant to lose the last 50p of HB even without the SDP, so in most cases I don’t think this will in practice remove transitional protection from 15 May - they would still be a mixed age couple on partial HB as at 15 May.
In those cases where loss of SDP means no residual entitlement to either HB or PC, there would be no point in claiming UC as they won’t qualify for that either so they just have to “tough it out” while the PIP appeal goes through. The successful PIP appeal will then retrospectively restore HB and/or SPC, which will keep the transitional protection in place.
In essence I believe the successful appeal makes it as if HB/SPC never stopped.
Putting aside the probability or otherwise of dual PC and HB claims etc, how would it work in either/or situation?
Let’s say HB claim closed 16 May due to SDP being removed from award due to PIP renewal being disallowed. Client appeals and 14 months later their appeal enables the PIP award to be reinstated. No PC in payment at all due to older partner’s state pension.
How do we get the decison made in May 2019 to close the HB claim overturned? What would be the legislative mechanism? There’s no possibility of making a new claim, we’re outside absolute 13-months, so is it any time revision and if so, what are the grounds? In the thread I’m trying to find, I’m sure there was some confusion about whether this could be deemed to be official error.
Any thoughts Peter? DWP didn’t really seem to have any ideas when we met them.
eta: would it be different if PIP reinstated in less than 13 months?
[ Edited: 23 Jan 2019 at 09:18 am by Paul_Treloar_AgeUK ]Any time revision under Reg 4(7C) of the HB and CTB (D&A) Regs 2001:
(7C) Where entitlement to housing benefit or council tax benefit has ceased (“decision A”) because entitlement to a relevant benefit within the meaning of section 8(3) of the 1998 Act has ceased (“decision B”), decision A may be revised at any time if the entitlement to the relevant benefit to which decision B applies has been reinstated in consequence of a decision made under section 9 or 10 of the 1998 Act or an appeal under section 12 of that Act
Fits like a glass slipper on Cinderella