Mixed Age couple in exempt accommodation - which couples allowance?

Hi all. I have a MAC in exempt accommodation so they have claimed HB for rent. I’m not clear which couple’s allowance they are entitled to. Is it the one or both over 18 amount of £133.30 or one of the higher pensioner allowances?

Thanks

If they are not receiving any working age DWP means-tested benefit (ESA(ir), UC etc) it is the pensioner applicable amount.

If they are on ESA(ir), UC etc, the working age HB regs apply but they don’t need to worry about an applicable amount because they are passported to max HB in any case.

There appears to be a persistent myth in LA circles that mixed age couples who don’t get ESA(ir) etc are subject a working age HB means test.  With one vanishingly rare exception (of which there may be no extant examples, if there were ever any in the first place) that is incorrect because the HB award is subject to the HB(SPC) Regs from which the working age benefit rates are absent - only pensioner rates exist in those regs.

I think this might have something to do with a stubborn programming error in the Northgate system, but I could be wrong.

Oh, what? You want to know about the vanishingly rare exception with probably no extant examples?  OK, here you go:

- Claimant unable to claim UC between May 2019 and January 2021 because of the SDP gateway, and
- Either:
—They made a new claim for HB during that period relying on the SDP gateway, or
—Their HB would have terminated during that period under Article 6 of the No 31 Order, but did not because of the SDP gateway, and
- They are not entitled to ESA(ir) because their income is too high

In a case like that, the HB working age regs apply and a working age applicable amount is used.  I doubt that any such cases remain, if indeed there were ever any in the first place.  The situation would never arise in exempt accommodation anyway.

Thank you so much. The non pension age spouse is in receipt of CB ESA so pensioner couple rate it is. The ben calcs were saying that but the HB entitlement only gave the lower amount so you may be right that it’s an NG error at the LA.

Thanks again, always appreciated.