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State Pension and U/C

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3 years 5 months ago #265185 by Ryan
State Pension and U/C was created by Ryan
My wife turns 66 next year and will be in receipt of basic state pension, I am currently claiming ESA for both of us, will we be migrated over to U/C automatically when she receives her Pension. I also receive the severe disability premium.

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3 years 5 months ago #265263 by LL26
Replied by LL26 on topic State Pension and U/C
Hi Ryan,
I am not totally sure about this but I don't think you have to claim UC. Your scenario is not listed as a 'trigger event' that would mean you need to claim UC. When you have both reached state pension age, then you can claim Pension Credit, if you are still on low income.
Previously (before 2019) you could claim PC if only one of you had gained State Pension age. You haven't stated, but I am assuming that you are younger than your wife?
I think you can continue to receive ESA as a couple, but would need to declare your wife's state pension, (and any other income from either of you such as private pensions, if you haven't done this already.) This will obviously reduce the amount of ESA you receive, but that should be matched by the Pension your wife will receive. If you currently receive Housing Benefit the rules will be the same for ESA.
Does your wife receive PIP, particularly a Daily Living award? Is she entitled to SDP?
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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3 years 5 months ago #265284 by Gary
Replied by Gary on topic State Pension and U/C
Hi Ryan

We cannot answer your question as we do not have all the facts, you will need to seek advice from your local Welfare Rights Organisation: You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

You cannot usually qualify for IR ESA if you are pension age or over. However, if you are already getting IR ESA and you are or become a member of a 'mixed age' couple (i.e your partner has reached pension age but you have not) in some circumstances your IR ESA can continue even though your partner has reached pension age. seek advice

In your post you state you receive SDP, does your wife also receive a SDP as alluded to by LL26. Do you receive housing benefit?

You ask the question, will you automaticlly migrate over to UC when your wife receives her pension, the answer is no.

Gary

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