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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Is claiming CA a COC for Pension Credit

CDV Adviser
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Nestor Financial Group Ltd

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I’m having a senior moment.

Mixed age couple. Younger partner receiving PIP. Older partner claiming IIDB, SP and PC. I want to avoid them going on to UC as they would be considerably worse off (even if the younger partner had LCWRA). If the older partner care’s for the younger one, would they be forced to claim UC if he claimed CA (to obtain the carer addition)?

Any help appreciated.

HB Anorak
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All this will do is increase the amount of SPC.  CA won’t be paid because it overlaps with SRP, so there is no danger of losing PC entitlement.  It is a wholly advantageous change of circumstance.

The only thing that artificially ends legacy benefits for existing mixed age couples is when their HB award moves from the working age HB Regs to the pensioner HB Regs.  That is not something that would “naturally” end HB, but Article 6 of the No 31 Order forces HB to terminate.  The couple then may (if they wish, if there is any point) claim UC.  Other than that, existing mixed age couples remain on legacy benefits unless and until something happens to end their entitlement in the normal way, like moving out of the LA area where they have been claiming HB. for example

In your client’s case, there is no need for any legacy benefits to reach a forced “unnatural” end.  Pension Credit carries on in the same way it always has.

CDV Adviser
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Brilliant. Thanks.

Chrissum
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Just a slight caveat, if their state retirement pension is lower than the carers allowance, they will be paid the difference as carers allowance. This will be treated as income and may take them out of entitlement to PC (granted this is unlikely but you do need to be aware of this)

Paul_Treloar_AgeUK
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Chrissum - 04 February 2020 02:17 PM

Just a slight caveat, if their state retirement pension is lower than the carers allowance, they will be paid the difference as carers allowance. This will be treated as income and may take them out of entitlement to PC (granted this is unlikely but you do need to be aware of this)

This is good advice and there is a slight addition from me, as we had a case recently whereby the State Pension was ~£120 a week so adviser was confident this exceeded CA of £66.15 a week but the basic SP was only £60 a week and rest was inherited and additional pension which doesn’t overlap.

As such, it’s advisable to get statement confirming how the SP award is made - it’s only the basic SP that overlaps.

HB Anorak
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I don’t know whether they are on HB or not but:

- If they are on HB and CA does happen to knock them off Pension Credit, they will stay on HB with a Carer Premium and be better off overall
- if they are not on HB (perhaps because they are owners) and CA knocks them off Pension Credit, they sure aren’t going to qualify for UC!

CDV Adviser
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I’ve already checked and the basic SP is well above CA rate. They don’t get HB. Owner-occupiers. Thank you for the replies.