Forum Home → Discussion → Benefits for older people → Thread
Mixed age couple getting PC and UC
Hi,
I was wondering if anyone can help me with my query.
My client, who is in his 70s, was claiming PC couple rate and HB for 10 years with his partner who is in her 50s. He also gets State Pension. They moved to a different local authority in March 2020 and tried to claim HB but were told to claim UC instead. They are now getting PC and UC which cannot be right. But the UC is only paying them an amount equivalent to half of their rent and they are struggling to pay their rent as a result. Previously HB paid 100% of their rent.
I assume that they cannot claim PC couple rate and UC couple rate at the same time? CPAG p26 implies not but the examples on p32-33 only talk about someone already on UC getting a new partner on PC, not a couple who has been on PC for years.
CPAG p272 implies they can continue to get PC. But normally a claim for UC ends ‘legacy benefit’ claims. Of course PC is not a legacy benefit as it is not being phased out.
Is there any way they can claim HB, stay on PC and scrap the UC claim? They are both disabled and only moved because they needed a specially adapted property. She gets PIP enhanced DL and mobility and I have advised him to claim Attendance Allowance.
Thanks!
[ Edited: 19 Jul 2022 at 10:17 am by Darren ]Unfortunately, entitlement to PC ended when they became entitled to UC. See Reg 5 of the Universal Credit (Transitional Provisions) Regulations 2014.
That also means there is no way back, as you can only make a fresh claim for PC/HB if there is unbroken entitlement to either PC or HB since May 2019.
The advice they were given to claim UC was wrong, and they should perhaps complain and request compensation for that.
Out of interest, are UC including the PC as unearned income?
Oh no! That’s so frustrating as they are still getting PC.
Thanks! Have you ever heard of anyone getting compensation?
I don’t think UC are no, the client said he did tell UC about the PC (he applied over the phone) but it sounds like they are just using the State Pension as unearned income.
If Pension Credit remains in payment, I think you should advise your client to close the UC award at the end of the next AIP. He should simply te;ll them on his jounral or by phone that he wants the UC award to stop from that date. Once they receive notification of the UC award stopping, take a screenshot of that note and they should then be able to make a new claim for HB and can use the screenshot if necessary to show that there is no UC award in payment. They can’t really request any backdating of the HB because of the UC award being in payment but they should be able to get the HB award made moving forwards. We’ve managed to do this for a couple of clients at least
Interesting. Are you not worried that PC will one day realise what has happened and create a massive overpayment?
Not really, we’re coming across so many cases where people have been badly advised as here and stand to lose out on thousands of pounds in benefit as a result of poor advice from statutory authorities, that if we can find a way to keep them on PC and/or HB, then I think that’s a risk worth taking. That’s aside from the often substantial difficulties in actually making and maintaining a joint online UC claim in situations where there’s usually at least one and sometimes both members of the couple having significant health problems and disability.
Further, the mistake is, in my opinion, an official error from the start - the local authority told them (wrongly) that they couldn’t claim HB but should claim UC and then the DWP (wrongly) put UC into payment taking PC into account as an income. The whole thing is a shambles but you know, UC is simple and on time on budget etc…..
If Pension Credit remains in payment, I think you should advise your client to close the UC award at the end of the next AIP. He should simply te;ll them on his jounral or by phone that he wants the UC award to stop from that date. Once they receive notification of the UC award stopping, take a screenshot of that note and they should then be able to make a new claim for HB and can use the screenshot if necessary to show that there is no UC award in payment. They can’t really request any backdating of the HB because of the UC award being in payment but they should be able to get the HB award made moving forwards. We’ve managed to do this for a couple of clients at least
Ah that’s great that’s worked for some of your clients. I’ll suggest it to him
Ah that’s great that’s worked for some of your clients. I’ll suggest it to him
As Charles note, to be on the safe side, you should tell your client about the possibility on an overpayment arising but DWP have been very good at ignoring these situations when they’ve arisen through no fault of the client. Hopefully, you’ll be able to resolve your client’s case in this way without any problems, good luck.
Thanks, yes I’ll let him know about the risk of overpayment and then he can decide whether he’s willing to risk it
Thanks, yes I’ll let him know about the risk of overpayment and then he can decide whether he’s willing to risk it
It really is worth it, at her age, they’ll lose thousands of pounds and he’ll be needing to maintain an online claim into his 80’s.
We had a case where a MAC on PC were wrongly advised to claim UC (rather than a PC child addition) on birth of 1st child. Eventually established PC remained in payment throughout and was not treated as income within UC. UC claim was eventually withdrawn by client. This case was resolved over 12 months ago. To date neither PC or UC have contacted client regarding the overpayment. There would appear to be even less contact between UC and PC than there is with other legacy benefits (a claim for UC does not appear to trigger a stop notice to PC). That said it may take a long time for DWP to act if the duplicate payment is raised via the data matching service etc? Whether your client should take any re-assurance from the experience of our client (so far) is another matter.
Ah interesting, thanks!
Just wondered if your client went ahead with the option of closing down UC and applying for housing benefit?
I have similar scenario, Cl 70 wife 64. Were claiming PC and HB mixed Age couple.
INcome dropped due to not longer boarding language students due to Covid (they advised this was declared).
UPon advice of friend (no official advice here), claimed UC online. HB stopped and were substantially worse off.
Pension Credit continued to be paid as well as UC, as in the other cases.
We are going to present client with his options in this situation and consequences of each, as it will be clients decision.
But be interesting to know, if others since have had success by closing down UC and applying for HB?
He did go ahead with it, not sure of outcome, but have just emailed him to ask.
Thank you for doing that. Would be good to know if was successful….