Reply To: Mixed Age Couple – Right of appeal?

Peter Barker

I agree, this is a textbook closed period supersession. They really are a thing by the way, I cannot understand why some people are sceptical.

Mixed age couples have two problems with HB:

– they might experience an event that causes HB to terminate under Article 6 of the No 31 Order – I share Andy’s caution about using a CPS to body-swerve Article 6
– they cannot make new HB claims

It was making a new claim that was the problem here. HB didn’t terminate because of an article 6 event, the claimant simply wasn’t entitled because they had too much money. Had all of that happened in “real time”, the situation on the ground in June would have been that you had an ex-claimant who was now unable to make a new claim. But you only dealt with it in July, by which time the entitlement conditions were once more satisfied. That should have been a routine and uncontroversial CPS – it’s what they are for.