Why can’t you claim Pension Credit and Employment and Support Allowance at the same time?

I know this sounds like a completely daft question and I’m sure I know the answer but can’t find the legislative basis for it.

We have enquiry about clients where one partner is certain they’re claiming income-related ESA and the other partner is claiming PC and HB - I’ve asked the adviser to clarify whether this is actually contributory or new style ESA which seems like the obvious situation here.

But can anyone point me to the Act or Regs that prevent a couple both claiming in this situation?

Section 1 of the WRA 2007 says you can only claim ESA if the person ”(e)is not entitled to income support, and
(f)is not entitled to a jobseeker’s allowance [F6(and is not a member of a couple who are entitled to a joint-claim jobseeker’s allowance)]. so no mention of PC there.

Similarly, I can’t see anything in the State Pension Credit Act 2002 that specifically excludes someone who is part of an ESA award from claiming PC.

It’s making my head hurt, thanks in advance.

For IR-ESA, Para 6(1) of Schedule 1 to WRA 2007.

For NS-ESA and c-ESA, s. 1(3)(c) of that Act (if only the partner gets PC, you can still get NS-ESA or c-ESA).

Brilliant Charles, thanks so much.