Reply To: Mixed Age Couple in Supported Accommodation

Peter Barker

Not working age regs.

Here are the logical steps:

– can they make a new HB claim at all? Yes because they are in specified accommodation
– is either of them a pensioner? – Yes
– is either of them receiving a working age DWP benefit? – No (I’m assuming they aren’t on UC)

They are therefore entitled to HB under the HB(SPC) Regs.

Just to pick up on some points in your post:

“The fact that we would be unable to accept a claim for HB if it were private rental and they would need to claim UC seems to suggest to me that it should be working age HB.” – Why? The thing that determines which set of HB Regs applies is Reg 5 in each set of HB Regs – the only relevant factors are the ages of the claimant and partner and whether or not any working age DWP benefit is in payment. “I am struggling for a definitive answer”. This is your definitive answer – it really, really is.

“they would not be able to claim Pension Credit, so I am not seeing why this is different for HB” – it’s because they are in specified accommodation, which means they can make an HB claim but not an SPC claim. That’s what’s different.