PC SDP and ESa/UC
mixed age couple - both eligible for SDP.
older one on PC with SDP - younger one on ESA and should be getting SDP but isnt.
told younger one to ring up and ask for SDP backdated - then I was thinking she can then add older one to her ESA claim.
they have already rang PC and told them they are a couple and pension service stopped PC award.
however colleague thinks you can add a partner onto your ESA claim even if dont get SDP as this isnt a new claim? or is it different if new partner is pension age?
should they have been able to add partner to PC claim as they was paying SDP on PC claim?
older one gets HB - is this a new claim to add a partner on? or just Change of circs? does getting SDP on PC claim mean they can make new claim for HB now or have to wait to get SDP on ESA.
PC definitely ends, and your colleague is correct that they should be able to add partner to the ESA claim without a problem.
HB is slightly more complicated. If the ESA claim would already have included the SDP prior to the formation of the couple then HB would simply continue. However, as SDP was not actually included, you will have to convince the LA that it should have been included, and therefore the HB claim should not end. This was confirmed by DWP in an email to a Rightsnet contributor, quoted here.
so having an SDP on PC claim doesnt mean you can add your partner to your PC claim? the SDP is just relevant in that you dont have to claim UC, but doesnt let you make new joint claim for PC?
its the older person who got PC with SDP and HB (dont know if with SDP).
is adding a partner to your HB claim a new claim (so would normally trigger UC or a change of circs)
doesnt it help claim HB if got SDP within 30 days on PC
or wont it help claim HB if get SDP currently on ESA?
Severe Disability Addition in PC doesn’t actually have any affect on the ability to claim UC. The reason they cannot claim UC is due to the younger one being entitled to SDP in their ESA. Besides for that, you are correct that SDP does not allow PC to continue.
Adding a partner to HB is not a new claim, however since in your case they are forming a mixed-age couple, HB would ordinarily terminate. However, in a case where the couple cannot claim UC (as is the case here, due to SDP entitlement within the ESA award), they are treated as a couple both of whom have not reached pension-age, and therefore HB can continue.
so I am correct in getting her to sort out adding the SDP to her ESA award - then they can claim joint HB claim and joint ESA.
can you direct me to guidance that states HB would usually terminate as mixed age couple - thanks
Yes, I think so. But like we said, it won’t be new claims for HB and ESA, rather continuations of the old claims.
The legislation terminating HB in those circs is here.
The legislation providing for the exception for SDP recipients is in para (4) here.
Guidance can be found in paragraphs 8 and 12-14 here.
thanks so much