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HB appeal for previous MAC CTS claim, ESA(IR) and SDP!
Hi all, looking for all the help I can get on this one, it’s become a bit complicated.
There is a current CTS claim based solely on PIP at the moment, because the claimant’s partner sadly passed after a long illness. The partner was previously on ESA(IR) with PIP and the claimant in receipt of CA and PIP, the partner was transferred on to PCGC (From March 2019) which included the SDP (Single rate). Now, as the deceased ex-partner was in receipt of PCGC, prior to 15/05/19, new rules didn’t apply and they could claim HB. This in turn means their HB (For the claimant) would have included the SDP. My problem now is that the claimant has now stated there is a rental liability and wants HB, due to other issues I really can’t go into why HB was not claimed at the time, as the deceased partner paid the rent.
Now since the request for HB was made the claimant has also applied for ESA (Claimant is of working age) and ESA (New claims) have asked if the SDP is/was included in any HB for the claimant.
The initial problem now being they never claimed HB before the partner died, and never queried it but the claimant is now request HB to be considered and has stated that the partner had been paying the rent but claimant wasn’t aware how this was done and it has only become a problem since the partner passed away (Again can’t really say too much on that for various reasons).
So what happens next?
We decide to pay them HB from when they claimed? (Looking like the best option, if possible, but as I said there are other issues that need resolving first)
Does claimant need to claim UC
Does the SDP in PCGC apply to her? If so, not sure why ESA (New claims) would ask a they have the records, considering this means the claimant would in turn be able to claim ESA(IR) based on that.
Apologies if I have missed anything out in the details, very possible, thanks.
Let me make sure I have the facts straight.
BEFORE: mixed age couple, older partner claimed Guarantee Credit. Probably should have claimed HB as well but for whatever reason did not. Younger partner did not personally claim anything means tested (unless she was the CTR claimant before the death) but was entitled to PIP and CA.
AFTER: younger partner survives, has PIP, Council Tax Reduction (new or continuous - doesn’t really matter), and, after 8 weeks’ CA run-on, nothing else.
There is rent to pay and food to buy. Surviving partner really could do with making a means-tested claim. Has tried to claim ESA(ir); ESA have correctly noted that she cannot do so unless she personally has or recently had an SDP. They are thinking maybe she has/had an SDP in HB - and full marks to them for asking that because it is often overlooked by DWP. Unfortunately it is going to be a no because there isn’t any HB, and even if there had been chances are it would have had to be the older partner who claimed it. This surviving claimant does not receive and has not received HB personally. So that prevents an ESA(ir) claim.
And the exact mirror image of that problem applies to HB: you cannot accept an HB claim because she does not have any other benefit with an SDP. In particular, the Guarantee Credit award was not hers: only people over SPC age can get Pension Credit, she was the partner on that award and did not “own” any stake in it. This unfortunate lacuna in the SDP gateway regulations means she has the choice now of either claiming UC, or not claiming it … but she cannot claim anything else so it isn’t much of a choice really.
Could she claim ns ESA? The history of contributions of the long-term CA award might be sufficient.
I’m not sure then, but could this then be “converted” to an income-related award?
Could she claim ns ESA? The history of contributions of the long-term CA award might be sufficient.
I’m not sure then, but could this then be “converted” to an income-related award?
No, as I understand it, unless sdp gateway applies, the only means-tested top up for ns ESA is UC
But ns ESA would increase income, can be backdated 3 months and is paid fortnightly - all good reasons to claim if meets the NI conditions
Thank you all for your quick response, yes, I did think even if claiming ns ESA there is no path to the SDP and though PCGC is a joint claim it belonged to the deceased partner.
Peter, the older partner should have claimed HB and the younger partner claimed CTR, I may be clutching at straws but if she had claimed HB along with the CTR would PCGC, itself and/or SDP in the PCGC not make a difference (The only reason SDP was included is because she also had PIP)?
What they are asking for now is that the original claim be revisited and HB included.
No, the qualifying benefits for the SDP gateway are JSA, ESA, IS and HB - not Pension Credit. And in any case, she could not personally have an SDP in Pension Credit - it was not in any way her claim or a joint claim,. she was merely a function of the means test in her partner’s PC award.
If she had been the HB claimant then HB itself would have contained an SDP so it wouldn’t have been necessary to make elaborate arguments about the PC award. But there was no HB claim so that’s academic.
If she was the CTR claimant, it might be possible to find something that you could interpret as notification of an intention to claim HB by her, but it would need to have been done at a time when she was able to claim HB. That would mean at some point before the postcode became full service or, as part of a mixed age couple, at some point before 14 January 2019. Since January last year, only the older member of a mixed age double act was able to claim HB. So you are looking for an intention to claim HB as a MAC at any time down to 14 January 2019, or an intention to claim HB in any capacity at all down to the full service date.
If there is an intention to claim HB lurking on file, the claim can be made now: Article 7 of the No 23 Order permits the completion of claims instigated before that Article generally started barring them.
No, the qualifying benefits for the SDP gateway are JSA, ESA, IS and HB - not Pension Credit. And in any case, she could not personally have an SDP in Pension Credit - it was not in any way her claim or a joint claim,. she was merely a function of the means test in her partner’s PC award.
Duh! Couldn’t see the wood for the trees, that kills it, was trying too hard….....thanks again Peter.
Edited (They couldn’t have been able to claim as a MAC as PC commenced after 14/01/19)