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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Lobster Pot? 

 

Greeny
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Salford Welfare Rights (Health)

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Hello. I have been allocated a tricky case. Mixed age couple, she’s just turned 65 and unable to claim SRP / PC until July. Pensioner husband already claims SRP and PC for them both as well as HB/CTR. Her husband was sent to prison on Monday for 3 months (praying he behaves). I have asked her to check what cash she has available to live on for the three months and hope she has enough to get through to avoid going on UC. But, if this is the only option - would it be possible to get her / them out of the ‘lobster pot’? She hasn’t got any entitlement to legacy benefits.
Thanks in advance.

     
Paul_Treloar_AgeUK
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Information and Advice Resources, Age UK

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Husband can possibly maintain the HB claim whilst he’s serving his sentence.

Benefits and prison  If you’re in a couple

You can claim joint Housing Benefit for up to 13 weeks if one of you has gone to prison and is likely to return home in 13 weeks or less - including any time on remand.

Can’t see a way that she can make a HB claim, even though that’s why gov.uk suggests,. as she’d need to claim UC instead.

Then you’ve got the problem though of what does the wife live on, because his SRP and PC both stop.

The other important thing therefore to throw in is that if he’s released on 11 May, he has 3 days to reclaim PC and protect themselves from the mixed-age couple changes happening from 15 May.

     
Greeny
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Salford Welfare Rights (Health)

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Pension Credit can be backdated 3 months but I will be passing on the message through probation that he actually can’t be a problemin in prison or he will regret it!

     
Paul_Treloar_AgeUK
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Information and Advice Resources, Age UK

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Greeny - 12 February 2019 12:50 PM

Pension Credit can be backdated 3 months but I will be passing on the message through probation that he actually can’t be a problemin in prison or he will regret it!

Yes sorry, you’re completely correct about the 3-month backdating possibility there. We’ve had it confirmed with DWP that PC claims will be possible up to and including 13 August 2019 for entitled people with 3-month backdate taking them back to 14 May.