Sorry to bring this up again (I have tried to reply once already so if two appear then apologies!)
I am still not 100% sure of the answer on this, as i am getting different answers from different sources.
The Situation is as follows:
Pension Age Customer was in receipt of Housing Benefit on her own in Supported Accommodation.
We then found out that partner had moved in, capi was over £16K and GPC ended so HB ended from May 2021 (decision made in March 2023).
Now capi has reduced they want to make a new claim and are insisting it should be SPC Regs.
however, from 15 May 2019 generally no new claims are allowed by a mixed age couple. I liken this to example 2 on the circular mentioned above. when the claim ended, savings provisions therefore end and they now need to make a new claim.
The customer’s rep is pointing me to https://www.legislation.gov.uk/uksi/2019/37 – article 6. However, the claim ended due to no gpc and excess capi, not just because she became part of a MAC.
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. But I am struggling for a definitive answer anywhere.
In my mind, this is a brand new claim from a MAC, so should therefore be treated as WA, they can’t get UC for housing costs so can get HB, but it should be calculated on WA regs. If (i know this is hypothetical) they require help with they living costs they would not be able to claim Pension Credit, so I am not seeing why this is different for HB at present.
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