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Calculation of HB for MAC
Lead HB claimant has reached state pension age. Husband receives NS ESA with support component. Both entitled to Daily Living PIP.
In calculating the HB applicable amount, a Disability premium has been added to the personal couple allowance, SDPs and EDP, but there is no support component. Is this correct, please?
Thanks!
Why has HB not terminated?
Why has HB not terminated?
They are mixed age now, the wife having just reached pension age. The HB award letter is addressed to her. She must have applied for HB before the MAC change came in, so wouldn’t the old rules still apply to them as far as keeping the claim going in her name is concerned even though it’s a couple claim ? The personal allowance couple amount on the award letter is still the working age couple rate.
Why has HB not terminated?
They are mixed age now, the wife having just reached pension age. The HB award letter is addressed to her. She must have applied for HB before the MAC change came in, so wouldn’t the old rules still apply to them as far as keeping the claim going in her name is concerned even though it’s a couple claim ? The personal allowance couple amount on the award letter is still the working age couple rate.
When the wife turned pension age and they became a mixed age couple, their HB should have terminated and been advised to claim UC instead.
The guidance at https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2019/a92019-mixed-age-couples-further-guidance provides further explanation and references.
Why has HB not terminated?
They are mixed age now, the wife having just reached pension age. The HB award letter is addressed to her. She must have applied for HB before the MAC change came in, so wouldn’t the old rules still apply to them as far as keeping the claim going in her name is concerned even though it’s a couple claim ? The personal allowance couple amount on the award letter is still the working age couple rate.
When the wife turned pension age and they became a mixed age couple, their HB should have terminated and been advised to claim UC instead.
The guidance at https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2019/a92019-mixed-age-couples-further-guidance provides further explanation and references.
I’ve read that guidance but would this paragraph not apply to this couple?
“12. Circular HB A1/2019 gives details of the HB gateway for claimants who have a SDP in their HB award.
13. Working age HB claimants who become a mixed age couple are not required to claim UC if their HB award includes an SDP (where they are on HB only) or they are receiving HB and IS, JSA(IB)) or ESA(IR) which include a SDP. However, they also cannot have their HB entitlement reassessed under the pension age HB regulations. Instead they will remain on their existing benefit. A new article, Article 8(2)(b), is inserted into SI 2019/37 which allows for the older member of a mixed age couple to be treated as not having attained State Pension age and they will remain on working age HB until the award terminates. This means that they will continue to be subject to the removal of the spare room subsidy (RSRS), where this is applicable”
And from the link contained in that document, i.e. https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2019/a12019-hb-gateway-severe-disability-premium-and-claimants-with-3-or-more-children
Updated 10 July 2019:
“HB gateway
12. From the 16 January 2019 any claimants who are entitled and remain entitled to SDP (including those who have had a break in claim but have been entitled within the last month) will remain on their existing legacy benefit or can claim another legacy benefit relevant to their change of circumstance. Where the claimant is no longer entitled to SDP then they would have to contact UC to make a claim (other exceptions permitting – see paragraph 15).”
On the new calculation since the lady’s retirement date there remain 2 x SDPs, EDP and DP. Husband is claiming New Style ESA. So should his Support component be added to the HB/ CTR applicable amount calculation?
So we have a couple who have been claiming HB. There is also a New Style ESA award and 2 PIP awards but nothing else?
The older partner in the couple has reaches State Pension age now.
As such, we know the HB award is for working-age HB as no-one was over SPA previousy.
Therefore, the HB award should have terminated From the circular quoted:
Existing HB claimants: under pension age on 15 May 2019
4. Couples who are under State Pension age and have an award of HB assessed under the Housing Benefit Regulations 2006 (SI 2006/213), ‘working age HB’, will become a mixed age couple once one member reaches pension age. At this point rather than re-assessing the claim under the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (SI 2006/214) ‘pension age HB’, the couple should be advised that they need to claim Universal Credit (UC). The relevant provision is Article 6(2)(b) and (3)(a) of SI 2019/37.
Why has HB not terminated?
They are mixed age now, the wife having just reached pension age. The HB award letter is addressed to her. She must have applied for HB before the MAC change came in, so wouldn’t the old rules still apply to them as far as keeping the claim going in her name is concerned even though it’s a couple claim ? The personal allowance couple amount on the award letter is still the working age couple rate.
When the wife turned pension age and they became a mixed age couple, their HB should have terminated and been advised to claim UC instead.
The guidance at https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2019/a92019-mixed-age-couples-further-guidance provides further explanation and references.
I’ve read that guidance but would this paragraph not apply to this couple?
“12. Circular HB A1/2019 gives details of the HB gateway for claimants who have a SDP in their HB award.
13. Working age HB claimants who become a mixed age couple are not required to claim UC if their HB award includes an SDP (where they are on HB only) or they are receiving HB and IS, JSA(IB)) or ESA(IR) which include a SDP. However, they also cannot have their HB entitlement reassessed under the pension age HB regulations. Instead they will remain on their existing benefit. A new article, Article 8(2)(b), is inserted into SI 2019/37 which allows for the older member of a mixed age couple to be treated as not having attained State Pension age and they will remain on working age HB until the award terminates. This means that they will continue to be subject to the removal of the spare room subsidy (RSRS), where this is applicable”
And from the link contained in that document, i.e. https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2019/a12019-hb-gateway-severe-disability-premium-and-claimants-with-3-or-more-children
Updated 10 July 2019:“HB gateway
12. From the 16 January 2019 any claimants who are entitled and remain entitled to SDP (including those who have had a break in claim but have been entitled within the last month) will remain on their existing legacy benefit or can claim another legacy benefit relevant to their change of circumstance. Where the claimant is no longer entitled to SDP then they would have to contact UC to make a claim (other exceptions permitting – see paragraph 15).”On the new calculation since the lady’s retirement date there remain 2 x SDPs, EDP and DP. Husband is claiming New Style ESA. So should his Support component be added to the HB/ CTR applicable amount calculation?
SDP Gateway has long been cancelled, unfortunately.
So we have a couple who have been claiming HB. There is also a New Style ESA award and 2 PIP awards but nothing else?
The older partner in the couple has reaches State Pension age now.
As such, we know the HB award is for working-age HB as no-one was over SPA previousy.
Therefore, the HB award should have terminated From the circular quoted:
Existing HB claimants: under pension age on 15 May 2019
4. Couples who are under State Pension age and have an award of HB assessed under the Housing Benefit Regulations 2006 (SI 2006/213), ‘working age HB’, will become a mixed age couple once one member reaches pension age. At this point rather than re-assessing the claim under the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (SI 2006/214) ‘pension age HB’, the couple should be advised that they need to claim Universal Credit (UC). The relevant provision is Article 6(2)(b) and (3)(a) of SI 2019/37.
Just to clarify, before reaching Pension Age, the wife was claiming IRESA but now has NSP. Total income now is also New Style ESA & 2 x PIP and the council’s revised the calculation of HB.
Irritating that one document from 2019 is valid and contains a link to another document updated on the same day which is still accessible, but apparently no longer true.
So I’m baffled as to why the council has reviewed and awarded HB from 9.10.23. I started out wondering whether a support component was possible with a Disability premium in the applicable amount and now it looks like the mistake is much bigger!
Are you confident that it is new-style ESA?
If there was an irESA top-up for the older one, then the ESA would have to have been old-style. Maybe that was the case for the younger too? In which case I think this falls into the circumstance where HB can continue.
EDIT: See this thread: https://www.rightsnet.org.uk/forums/viewthread/19533/
EDIT2: Had misread your post to say there was 2 x ESA, rather than 2 x PIP. Question remains though, younger partner having old-style cbESA might enable HB to continue.
[ Edited: 27 Oct 2023 at 02:42 pm by Va1der ]Are you confident that it is new-style ESA?
If there was an irESA top-up for the older one, then the ESA would have to have been old-style. Maybe that was the case for the younger too? In which case I think this falls into the circumstance where HB can continue.
EDIT: See this thread: https://www.rightsnet.org.uk/forums/viewthread/19533/
Yes. Over a year ago I was involved with the couple. She was claiming IRESA as a couple and he was claiming CA for caring for her. I advised him to drop the CA claim so they could have 2 x SDPs. Without my knowing, he had also applied for New Style ESA and then he closed his CA claim. He received NSESA assessment phase which was deducted from her IRESA and the SDPs were paid to her. He was awarded 0 points and we had to challenge it. Just before the hearing the DWP caved in and awarded him Support component.
I’ll ask him to check his award letter and let me know.
Thanks everyone…