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Mixed-age couples changes - further regulations?
It’s been reported on another forum that DWP are planning to bring forward further regulations relating to the mixed-age couple changes (as well a providing additional guidance.)
Has anyone heard anything similar?
Yes we have Jon, they have told us these are intended to resolve some issues they already know about where different pieces of legislation don’t marry up, for example, differences in being treated as permanently separated between UC and PC.
However, we don’t have any detail of what will actually be included, nor when they will be laid but it wouldn’t surprise me if it’s right to the wire.
I know that DWP is aware of the farcical situation whereby HB will terminate for couples with the SDP, but can then be immediately reclaimed. They do intend to fix that so that it doesn’t terminate in the first place.
What we are all eager to see is clarification on what happens when the older member of a working age couple reaches PC age. Does HB terminate? It is by no means clear that the No 31 Order achieves that - if it does, it is only by way of some strained reasoning around HB supersession dates. A much clearer provision saying that HB terminates in such cases would be helpful, or even better clarification that it doesn’t! Still seems like a huge political mistake to me if they really want to do that.
Still seems like a huge political mistake to me if they really want to do that.
Think you can pretty much say that across the whole misguided policy in the first place quite frankly.
Still seems like a huge political mistake to me if they really want to do that.
Think you can pretty much say that across the whole misguided policy in the first place quite frankly.
Perhaps they have run out of old envelopes at Caxton Hse?
It’s getting a bit last minute, even for last minute Regulations.
Anyone have any idea if Regs on the way?
Yes we have Jon, they have told us these are intended to resolve some issues they already know about where different pieces of legislation don’t marry up, for example, differences in being treated as permanently separated between UC and PC.
However, we don’t have any detail of what will actually be included, nor when they will be laid but it wouldn’t surprise me if it’s right to the wire.
Paul we have been thinking through how this change will work in practice and are now wondering what will happen to a mixed age couple where the pensioner in the couple is severely disabled and would be placed in the limited capability for work related activity group if he or she were to go through a WCA. It looks like the UC legislation would prevent the pensioner being sent for a WCA so they would lose the LCWRA element - if that isn’t sorted there will be lots of pensioners losing out.
We were harking back to the days when before PC we had Income Support with pensioner premiums and the higher pensioner premium for disabled pensioners - if they are to continue with this policy for mixed age couples claiming UC, we need to have a pensioner premium and a route for pensioners with disabilities to claim the equivalent of the SDP.
Would be interested to hear what Age UK is saying on this.
What would stop the pensioner having a WCA?
You don’t have to if already have AA, PIP enhanced DL or DLA high care
You don’t have to if already have AA, PIP enhanced DL or DLA high care
True, but if not, nothing stops a WCA being carried out, as far as I can see.
Paul we have been thinking through how this change will work in practice and are now wondering what will happen to a mixed age couple where the pensioner in the couple is severely disabled and would be placed in the limited capability for work related activity group if he or she were to go through a WCA. It looks like the UC legislation would prevent the pensioner being sent for a WCA so they would lose the LCWRA element - if that isn’t sorted there will be lots of pensioners losing out.
We were harking back to the days when before PC we had Income Support with pensioner premiums and the higher pensioner premium for disabled pensioners - if they are to continue with this policy for mixed age couples claiming UC, we need to have a pensioner premium and a route for pensioners with disabilities to claim the equivalent of the SDP.
Would be interested to hear what Age UK is saying on this.
On the first point, see the answers below. If someone is passported to LCWRA, there’s no need for a WCA, but otherwise as things stand, this is the only way to establish entitlement to that element.
We’ve discussed the idea of increased elements for pensioners with DWP colleagues and as things stand, it’s very unlikely to happen. What’s in today’s expected Statutory Instrument is anyon’e's guess but I’d bet this won’t feature.
Maybe they will realise the affect getting rid of the LWC element has on pension age UC claimants?
Maybe they will realise the affect getting rid of the LWC element has on pension age UC claimants?
To be honest, I don’t think the bean counters in the Treasury could give a toss, doesn’t affect them directly, all they see is the bottom line.
The amendments to Art 7 fix the issue concerning cases where certain pensioners could not claim any benefit at all. For example, the pension-age member of a mixed-age couple who are not a couple for UC purposes, can now claim PC/HB as a single person.
The new Art 8 provides for treating a mixed-age couple as working age, and therefore continue getting HB/IS/JSA/ESA, if they would not be able to claim UC due to the SDP gateway.
No further clarity on Art 6(2)!
Brilliant ... cheers Charles ...
... here’s the link to the html page too: http://www.legislation.gov.uk/uksi/2019/935/contents/made
... and to the NI regs: http://www.legislation.gov.uk/nisr/2019/107/contents/made
You don’t have to if already have AA, PIP enhanced DL or DLA high care
True, but if not, nothing stops a WCA being carried out, as far as I can see.
Work Capability Assessments are for working age claimants, and claimants over retirement age do not have any work related requirements.
But the amended legislation puts the cat amongst the pigeons as mixed-age couple ESA claimants who are prevented from moving to UC because they are being paid the SDP, are now going to stay on ESA - so will they now be called up for WCAs???