Mixed age couple, younger partner dies

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 13 posts - 1 through 13 (of 13 total)
  • Author
    Posts
  • #270236
    cheryl b
    Participant

    Morning all,

     

    We have a mixed age couple claiming UC and the younger partner passes away. The older partner claims HB as he is a pensioner but UC have continued to pay UC at couple rate with housing costs for 3 months (which I have just learnt is a thing). We had put HB in payment with the expectation of UC ending but if he is entitled to UC/Housing costs will he have to wait to claim HB once his 3 months run on ends?

     

    Thanks.

    #271654
    Peter Barker
    Keymaster

    I never cease to be amazed at how DWP can come up with innovative new ways to get things wrong.  Remaining entitled to UC for three months as a single pensioner is not a "thing" at all.  There is a very limited run-on to the end of the AP in which a person reaches SPC age, but other than that single pensioners cannot get UC, end of.  He can claim Pension Credit and pension age HB immediately.

    What DWP is getting confused about here is that the rate of the UC elements remains at the pre-death level for up to three months after a member of the household dies, but that is about calculating the rate of UC and you only get that far if the claimant is eligible in principle for UC in the first place.

    One day UC might realise that they have made a mistake and he will then have a recoverable overpayment to repay, so don't worry that by awarding HB you are presenting him with some kind of windfall – he is perfectly entitled to receive it.

    By the way this from A4/2021 is incorrect:

    "16. UC entitlement normally ends from the first day of the assessment period in which the couple separates, is treated as separated or divorces. In bereavement cases, the surviving member of the couple may remain entitled to UC for up to two assessment periods after the assessment period in which the partner died. This also applies to mixed age couples where the surviving member has reached the qualifying age for Pension Credit at the date of the bereavement. They may choose instead to relinquish entitlement to UC at any time during the three month run-on period."

    #271655
    cheryl b
    Participant

    Thanks Peter, done a bit more digging and found this;

     

    A4/2021: The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations 2020 – GOV.UK (www.gov.uk)

     

    Para 15 seems to indicate he can keep the UC paid at couple rate for a further 2 assessment periods or he can choose to relinquish it and claim HB/pension credits instead, the example ot Chantel and Paschal fits our scenario perfectly so I'm confused

    #271656
    Peter Barker
    Keymaster

    You beat me to it.

    The legislation governing this is Reg 37 of the UC Regulationswhich begins "In calculating the maximum amount of an award where any of the following persons has died" and ends with "the award is to continue to be calculated as if the person had not died …"

    This does NOT provide an exception from the rule that people over SPC age fail to satisfy the basic conditions for UC in s4 of the WRA 2012.  Reg 37 is only engaged if the claimant satisfies s4 in the first place.

     

    #271657
    cheryl b
    Participant

    Thanks Peter, I agree with you but UC are determined to pay him regardless but that's their problem.

     

    Thanks for your help

    #271658
    Peter Barker
    Keymaster

    To be on the safe side then I would advise him to give up the UC.  That serves two purposes:

    – it protects him from overpayments if UC finally come to their senses and realise that single pensioners cannot get UC

    – it prevents anyone from asking awkward questions about the HB.

    Also signpost to claim SPC as well, subject to pension income of course.

     

    #271659
    cheryl b
    Participant

    His 3 months are up now so may be too late to relinquish it now so rather than try to convince the DWP we have ended the HB and decided not to recover the overpayment and put his HB  back on from the end of his UC assessment periods – what a faff!

    #271660
    DJM
    Participant

    [quote=Peter Barker]

    I never cease to be amazed at how DWP can come up with innovative new ways to get things wrong. 

    [/quote]

     

    Favourite comment ever!  đŸ™‚

    DJM
    "Genius may have its limits, but stupidity is not thus hampered." Mary Doria Russell, "The Sparrow"

    #285256
    Fissaman
    Participant

    We have a case where the younger claimant passed away in Aug. The older pensioner partner was awarded 3 month UC run on which ends this week. She has submitted a claim for HB. Can she get HB for the same period she got the UC run on? (which i guess is the same period as the usual 3 month auto BD?).

    We’re assuming as she received the UC payments whilst being State Pension Age we can fully disregard the UC payment and award the HB including the 3 month B/D?

    #285257
    peterdelamothe
    Keymaster

    Yes absolutely. If DWP make an official error that is their problem. There is nothing in the HB regs (State pension) that allow you to apply a different set of rules and start date than usual. DWP should not have awarded a pensioner a working age benefit as PB has pointed out many times.

    There is nothing in the law that allows a pensioner to be denied their legal entitlement to HB…whatever DWP do.

    #285258
    John Boxall
    Participant

    I have just had a single pensioner paid several months UC despite getting his pension ……………

    Doesn’t fill you with confidence

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #285264
    Fissaman
    Participant

    Cheers, thats good to know.

    We have had many cases where someone reaching SPA continues to receive UC for 2-3-4 months after. I guess thats why a few months back they reiterated that any UC payments received after reaching pension age are fully disregarded. They used some buzz word for those payments that escapes me…

    #285267
    John Boxall
    Participant

    Cheers, thats good to know.

    We have had many cases where someone reaching SPA continues to receive UC for 2-3-4 months after. I guess thats why a few months back they reiterated that any UC payments received after reaching pension age are fully disregarded. They used some buzz word for those payments that escapes me…

    Perhaps the Buzz Word has been blocked by Profanity Filters?

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

Viewing 13 posts - 1 through 13 (of 13 total)
  • You must be logged in to reply to this topic.