Mixed age couple and NRPF

Hello

Mixed age couple where the younger has a NRPF condition. Older person has HB and GPC claims in payment as a single person. They have been in the same couple since before 14th May 2019 and in receipt of HB and GPC. If she was granted leave to remain before reaching SRP age, would they be treated as a mixed age couple who are eligible for HB and GPC, or would they have to claim UC?

Guessing it would be UC as he has been receiving HB and GPC as though single (not part of a couple as defined for HB/GPC)?

Thank you for any thoughts.

Unfortunately, I think you’re correct that once she receives her immigration status without NRPF, the PC and HB awards cease.

Article 4 of CO31 is quite clear that savings provisions only apply when someone was claiming PC or HB as a mixed age couple on 14 May 2019.

Savings
4.—(1) Subject to paragraph (2), the 2002 Act shall have effect as though section 4(1A) (exclusion of mixed-age couples from state pension credit) F1 had not come into force in relation to a member of a mixed-age couple who, on the day before the appointed day and as part of that couple, is entitled to—

(a)state pension credit;
(b)housing benefit; or
(c)state pension credit and housing benefit.

And just to add, that’s also because Article 7 which currently allows your client to claim PC and HB as as single person is done so on the basis that the older partner is not entitled to claim UC either as a single person or as a couple.

Once your client’s partner does not have NRPF, they can claim UC as a couple, despite the older partner’s age.

Thanks Paul, that’s really helpful.