Mixed Age Couples & Underlying ESA IR award

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  • #285941
    ACooperLWBS
    Participant

    Can anyone give me their thoughts about the following situation?

    Working Age Housing Benefit claim was being paid as a Standard claim (not JSA IB, IS, ESA IR etc). Couple were both working age.

    The partner (younger member of the couple) was receiving ESA C with the Support Group component and Personal Independence Payments.

    Applicant (elder member of the couple) was receiving non-state pensions and Carers Allowance reducing the partner’s couple rate of ESA IR to be lower than the ESA C award. Partner was therefore paid the ESA C award amount.

    Applicant has now reached SPC age and applied for his New State Pension.

    As the partner was not receiving ESA IR but ESA C and the Housing Benefit was not being paid based on a passporting legacy benefit should they not have been instructed to claim Universal Credit as a mixed age couple as the applicant approached SPC age?

    DWP seem to have pre-emptively moved them to ESA IR by adding the pensioner premium but the calculation is incorrect – does not include a deduction for the overlapping New State Pension, still deducting the Carers Allowance but should becoming underlying entitlement only etc.

    Any help would be appreciated.

    Thanks

    A Cooper

    #285944
    Kay_Tade
    Participant

    Can’t really say without the exact figures of the income and the applicable amount but if they still remain on working age HB and are now on ESA(IR) [Correctly] then they do not lose the HB and do not have to claim UC.

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