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Mixed age couple

Thersites
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East Dunbartonshire CAB

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Hi,
Lots of information can be found on mixed age couples where.one is of a pension age who are no longer being able to choose pension credit or UC.

But, in terms of those already receiving pension credit we have had an enquiry where the mixed age couple, who are already in receipt of pension credit,  have asked if they can decide to claim universal credit instead?
If they can, does pension credit then stop, or is it deducted from the UC pound for pound as is the case with the state retirement pension?

Thank you

HB Anorak
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They can, and Pension Credit will stop if they are awarded UC: those two benefits are mutually incompatible.

There are, however, very few circumstances in which they ought to do that.  In most cases they will lose huge amounts of money.  You can just about think of a case where there are at least two working non-dependants on good wages and enough housing costs to absorb the difference between non-dep deductions in HB and UC.  But in 99% of cases claiming UC would be a catastrophic decision and anyone in an official capacity in DWP or HB who advises them to do so would be committing a heinous act of maladministration

Charles
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Earned income (with the work allowance and taper rate in UC) and childcare costs are other examples where they could be better off on UC.

If they do claim UC, they should make sure to inform PC, as unlike legacy benefits, I don’t believe it automatically stops when UC is awarded.

unhindered by talent
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Charles - 18 June 2021 07:21 PM

Earned income (with the work allowance and taper rate in UC) and childcare costs are other examples where they could be better off on UC.

If they do claim UC, they should make sure to inform PC, as unlike legacy benefits, I don’t believe it automatically stops when UC is awarded.

Correct, Charles. PC does not stop and in one case, this actually enabled a client of mine to return to PC and paHB when partner mistakenly claimed UC.

Pat O Banton
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I’m dealing with a mixed couple, the partner beneath 66 is working.

The other half had been entitled to Pension Credit, however his partners hours went up for a period of two weeks. PC has wrote to them to say that they are stopping the benefit. Now the hours have gone back down to the original level. Is there anyway of arguing with Pension Credit to say that the increase in income was so short term that they shouldn’t have been taken off the benefit? The couple don’t really want to go on UC, but there is very little alternative to this.

unhindered by talent
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Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Pat O Banton - 21 June 2021 03:47 PM

I’m dealing with a mixed couple, the partner beneath 66 is working.

The other half had been entitled to Pension Credit, however his partners hours went up for a period of two weeks. PC has wrote to them to say that they are stopping the benefit. Now the hours have gone back down to the original level. Is there anyway of arguing with Pension Credit to say that the increase in income was so short term that they shouldn’t have been taken off the benefit? The couple don’t really want to go on UC, but there is very little alternative to this.

Sadly there are no linking provisions whatsoever in the savings provisions so unless they have a HB award that has continued, then they’re up the creek I’m afraid.

Pat O Banton
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Cheers for the UBT, not great news, but I kinda expected that.

Thanks for the link.

Pat O Banton
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Paul_Treloar_AgeUK - 21 June 2021 04:01 PM
Pat O Banton - 21 June 2021 03:47 PM

I’m dealing with a mixed couple, the partner beneath 66 is working.

The other half had been entitled to Pension Credit, however his partners hours went up for a period of two weeks. PC has wrote to them to say that they are stopping the benefit. Now the hours have gone back down to the original level. Is there anyway of arguing with Pension Credit to say that the increase in income was so short term that they shouldn’t have been taken off the benefit? The couple don’t really want to go on UC, but there is very little alternative to this.

Sadly there are no linking provisions whatsoever in the savings provisions so unless they have a HB award that has continued, then they’re up the creek I’m afraid.

So if the HB continued on the basis of low income, for the two week period would they still be able to reclaim PC?

The rise in hours was 10 to 15 a week at minimum wage so they should still be able to claim something from HB.

 

Paul_Treloar_AgeUK
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Pat O Banton - 21 June 2021 04:50 PM
Paul_Treloar_AgeUK - 21 June 2021 04:01 PM
Pat O Banton - 21 June 2021 03:47 PM

I’m dealing with a mixed couple, the partner beneath 66 is working.

The other half had been entitled to Pension Credit, however his partners hours went up for a period of two weeks. PC has wrote to them to say that they are stopping the benefit. Now the hours have gone back down to the original level. Is there anyway of arguing with Pension Credit to say that the increase in income was so short term that they shouldn’t have been taken off the benefit? The couple don’t really want to go on UC, but there is very little alternative to this.

Sadly there are no linking provisions whatsoever in the savings provisions so unless they have a HB award that has continued, then they’re up the creek I’m afraid.

So if the HB continued on the basis of low income, for the two week period would they still be able to reclaim PC?

The rise in hours was 10 to 15 a week at minimum wage so they should still be able to claim something from HB.

Yes provided at least one award, PC or HB, continues in payment, then the “other” benefit can be reclaimed at any time afterwards. Article 4 of CO 31 applies.

https://www.legislation.gov.uk/uksi/2019/37/article/4

Pat O Banton
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Paul_Treloar_AgeUK - 21 June 2021 04:57 PM
Pat O Banton - 21 June 2021 04:50 PM
Paul_Treloar_AgeUK - 21 June 2021 04:01 PM
Pat O Banton - 21 June 2021 03:47 PM

I’m dealing with a mixed couple, the partner beneath 66 is working.

The other half had been entitled to Pension Credit, however his partners hours went up for a period of two weeks. PC has wrote to them to say that they are stopping the benefit. Now the hours have gone back down to the original level. Is there anyway of arguing with Pension Credit to say that the increase in income was so short term that they shouldn’t have been taken off the benefit? The couple don’t really want to go on UC, but there is very little alternative to this.

Sadly there are no linking provisions whatsoever in the savings provisions so unless they have a HB award that has continued, then they’re up the creek I’m afraid.

So if the HB continued on the basis of low income, for the two week period would they still be able to reclaim PC?

The rise in hours was 10 to 15 a week at minimum wage so they should still be able to claim something from HB.

Yes provided at least one award, PC or HB, continues in payment, then the “other” benefit can be reclaimed at any time afterwards. Article 4 of CO 31 applies.

https://www.legislation.gov.uk/uksi/2019/37/article/4

Hi Paul, thanks very much for your reply, put in a HB CoC and praying hard.