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Forum Home  →  Discussion  →  Housing costs  →  Thread

mixed age couple, younger partner has no recourse to publuc funds

Prisca
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benefits section (training & accuracy) Bristol city council

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Hello

Our customer turned pension age in March 2020. prior to this he was claiming UC - he got the single person rate.  His partner was only issued a NINO in July this year and it appears she has no recourse to public funds. (we are waiting for her nationality/visa details) He says he told UC they were a couple but they have paid him as a single person .

So - his UC has stopped (because he is pension age and UC appear to be ignoring /excluding the partner from his claim)
so - is he eligible for HB or not?
We dont exclude her which means they are a mixed age couple.
he hasnt claimed pension credit   - he has SRP and a private pension, He says she has a pension from her late husband

If we get evidence that she has no recourse (and therefore wouldnt be counted in his UC oe Pension crdit claims)  is he eligible to claim HB??

Thanks - prisca

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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See para. 15 et seq and example 2 in A9/2019 HB circular

As she is a PFA, he should be able to claim PC and HB as a single person.

Prisca
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he cant claim HB as a single person.
HB regs do not exclude her in the same way as Pension Credit does, but she is fine to include in the claim (providing we suggest he gets appropriate advice re what this may mean hfor her) as she has a nino.

Paul_Treloar_AgeUK
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Prisca - 06 May 2020 03:22 PM

he cant claim HB as a single person.
HB regs do not exclude her in the same way as Pension Credit does, but she is fine to include in the claim (providing we suggest he gets appropriate advice re what this may mean hfor her) as she has a nino.

Yes he can claim as a single person, read the para’s I highlighed.

17. The older partner can claim pension age HB and Pension Credit as a single claimant until the reason they are unable to claim UC as a couple no longer applies.

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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If it’s helpful, the legislation backing the HB Circular is here: http://www.legislation.gov.uk/uksi/2019/37/article/7
See Art. 7(2)(a) & (3)(b).

Charles
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About these cases, I noticed the latest CPAG Welfare Rights Bulletin has an article on this written by Simon Osborne. He writes that although the older member of the couple will be entitled to PC/HB, his/her resources will still be assessed jointly with those of his/her partner.

I don’t think the legislation has this effect. As far as I can see, the legislation allows the claim to be made purely as a single person. Am I missing something?