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Pension Credit or Universal Credit
Good morning I hope someone can offer me some advice.
I am contacting as there is a couple who live in Dorset, England at the moment who are planning on moving to North Wales to live. They are on Guaranteed Pension Credit at the moment and are getting full HB etc. One is in receipt of her state pension however her husband is only 61 and therefore not getting his state pension as yet. He is in receipt of PIP and getting a private pension.
Someone have advised them that they will continue to claim HB in the new LA as is is classed as change of circs - and they can remain on HB.
However looking at the regulations - I think that they will have to claim UC as they have moved from one LA to another and as he has not reached pensionable age then they will have to claim UC.
They will be on much less money and will only get around £35 p/m of UC
If this is the case they would be better off staying on PC of over £225 p/m however they will not get any help towards their rent.
Can anyone offer some advice please?
If Pension Credit entitlement is continuous from before May 2019, the older partner is able to make a new HB claim. Even if the Council takes time to understand that, the fact they are better off on Pension Credit even without any HB means they should not touch UC with a bargepole. They have no reason to claim UC even if they couldn’t get HB.
Absolutely nothing needs to happen to the Pension Credit, just leave it be - and in due course HB will be added to it.
Regs to quote to the HB section are:
- Article 4 of the no 31 Order which preserves entitlement to Guarantee Credit for existing pre-May 2019 claimants; and
- Article 7(4)(a)(ii) of the no 23 Order which allows the new HB claim to be made by the older partner
Yes, the continuous nature of the PC award means that new HB claims can be made whether moving in the same LA area or outside it. We’re hearing fairly regular reports of LA’s wrongly refusing to accept new HB claims or pushing people to UC, but as Peter says, they must ignore this incorrect advice and insist on being allowed to make the new HB claim and complain and/or threaten JR otherwise.