Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Children and childcare  →  Thread

Child addition in GPC?

Killie
forum member

Citizens Advice Calderdale, West Yorkshire

Send message

Total Posts: 16

Joined: 27 September 2011

Hello, I would be glad of help to straighten out my thoughts.

Mixed age couple with a 13 year old child. They claimed GPC in Feb 19, and HB/CTR. GPC did not include a child element. Younger member of couple was the HB claimant. She got a job in April and notified HB/CTR of the change, and says she was told they would notify GPC. They did not and GPC has now made a decision that they are no longer entitled from April 2019 as their joint income is too high. No overpayment decision yet. HB also suspended, they now need to see if entitled to UC. My question is, should GPC have included an addition for their daughter?

Many thanks

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 1884

Joined: 7 January 2016

Yes it sound like they should have, provided the Pension Service knew about the 13-year-old child. See section 4.3 of our Pension Credit factsheet for summary of the rules here.

I’d really strongly advise to hold off on the UC claim because the financial gains from maintaining at least the HB award, let alone the PC award will be significant.

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 1884

Joined: 7 January 2016

By the way, even if the decision to stop the PC award is correct, that doesn’t mean the HB award ends due to passporting no longer applying.  The HB award should be reassessed on income grounds and if they retain an entitlement, then they can reclaim PC once their income reduces again.

Killie
forum member

Citizens Advice Calderdale, West Yorkshire

Send message

Total Posts: 16

Joined: 27 September 2011

So the HB claim must have been assessed under ‘pension age’ regs (SI 2006/213) and so can continue. I am struggling at times to get my head around the changes, especially at speed at a drop in! They can ask for MR of the GPC decision to include child addition- would reduce any overpayment. No entitlement to UC in any case.
Thanks for your help.

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 1884

Joined: 7 January 2016

HB paid with PC must be paid under the pension age rules. As such, art.4 of the CO31 applies which provides for the on-going savings rules. As long as the HB award remains in payment, then the right to reclaim PC remains. However, whether you can get past the telephone gateway is another matter, people have posted about Pension Service refusing to accept claims (which is basically unlawful).

Let us know how you get on.

Killie
forum member

Citizens Advice Calderdale, West Yorkshire

Send message

Total Posts: 16

Joined: 27 September 2011

The first struggle is to get HB to accept that the claim can continue- their letter told the couple they now have to claim UC.

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 1884

Joined: 7 January 2016

Point them to Q.4 of A3/2019 HB Guidance circular.

Q4: If Pension Credit ceases, can claimants continue to receive pension age Housing Benefit?
A4: Yes, pension age Housing Benefit can remain in payment due to the savings provisions included in the Commencement Order. Pension age Housing Benefit will need to be re-assessed on the grounds of low income once Pension Credit ceases.

A3/2019 Mixed age couples: changes to entitlement conditions from 15 May 2019

HB Anorak
forum member

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

Send message

Total Posts: 2022

Joined: 12 March 2013

Paul_Treloar_AgeUK - 06 November 2019 09:18 AM

Point them to Q.4 of A3/2019 HB Guidance circular.

Q4: If Pension Credit ceases, can claimants continue to receive pension age Housing Benefit?
A4: Yes, pension age Housing Benefit can remain in payment due to the savings provisions included in the Commencement Order. Pension age Housing Benefit will need to be re-assessed on the grounds of low income once Pension Credit ceases.

A3/2019 Mixed age couples: changes to entitlement conditions from 15 May 2019

Indeed, and it doesn’t even need the savings provisions.  It’s simply the case that nothing has happened to cause HB to end - there is no need to engage any savings provisions, it’s a regular change of circumstance.  Unless the earnings are too high of course, in which case these people are not benefit claimants at all any longer.

And once again, a council needs telling that claiming UC is a right, not an obligation.

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 1884

Joined: 7 January 2016

HB Anorak - 06 November 2019 09:23 AM

Indeed, and it doesn’t even need the savings provisions.  It’s simply the case that nothing has happened to cause HB to end - there is no need to engage any savings provisions, it’s a regular change of circumstance.  Unless the earnings are too high of course, in which case these people are not benefit claimants at all any longer.

And once again, a council needs telling that claiming UC is a right, not an obligation.

I’ve been going back through enquiries we’ve dealt with since the changes happened and local authorities badly advising people is endemic, it’s happening all over the place.