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Pension Credit mixed aged couple

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2 days 23 hours ago #305187 by wolfchile
Pension Credit mixed aged couple was created by wolfchile
I have found it impossible to get benefits advice. There are no advisors in my area and Citizens Advice cannot/will not help me.

I am in a mixed age couple and receiving ESA but have had forced migration notice to apply for Universal Credit with a deadline to apply. I am far too unwell to deal with this for many, many reasons.

I want to claim Pension Credit (PC) because have been getting pension age housing benefit since before 2019 as part of same mixed age couple with no break. However whenever I tell any advisor this they tell me 'oh no you can't claim PC and one of you is under pension age.

Phoned helpline. Told me can't claim PC . Didn't know anything about what I told them about pension age housing benefit. Put me back in a queue after waiting to speak to them for an hour then cut off.

Contacted Citizens Advice numerous times about help with a UC claim. They couldn't even work out a calculation based on my current ESA. They refused to even look at any thing to do with PC. Said UC only option.

I am worried if I claim pension credit I don't know what I will get and will lose any transitional protection. The online calculator won't work just tells me to get "expert advice" which doesn't exist. When I go to search for benefits advice in this area it comes up with things such as jobcentre who won't do benefit calculations.

Also it seems it can take a long time for PC to be assessed so don't know if my ESA and Housing Benefit would stop in meantime leaving me with no income and by then would have missed the deadline for migration to UC.

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2 days 22 hours ago #305194 by David
Replied by David on topic Pension Credit mixed aged couple
Hi wolfchile

You are correct in that you and your partner could claim Pension Credit now. You are what is known as a Protected Couple as you were a Mixed Aged Couple in receipt of Housing Benefit before the 15 May 2019. I have provided links to the guidance. You can send an email of complaint to the DWP Area Manager. If you tell me your City or County I can locate the correct details.

Part 1: Protected Mixed Age Couples
Who is a ‘protected’ mixed age couple?
To be a 'protected' mixed age couple, the couple must:
• Have been a couple on 14th May 2019 and have been in the same couple ever since.
• Be currently getting either Pension Credit OR the older member1 of the couple is the main claimant of
Housing Benefit that is being assessed under the State Pension Credit (SPC) Regulations2
,
• Have been getting either Pension Credit or Housing Benefit (under the SPC Regulations) since 14th May
2019 as a mixed age couple, and
• Not had a period of time when they weren’t entitled to either benefit, ie no gaps when neither Pension
Credit nor Housing Benefit (under the SPC Regulations) was being paid.
This is because 'savings provisions' in the amending Regulations protect these couples from claiming UC while
they remain entitled to either benefit ( Housing Systems No.2 of 2022 )

You can find the details at Paragraph 4 of the Welfare Reform Act 2012
www.legislation.gov.uk/uksi/2019/37#:~:t...he%20appointed%20day.

David

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2 days 3 hours ago #305256 by wolfchile
Replied by wolfchile on topic Pension Credit mixed aged couple
Hello
I would be grateful for the contact details for the DWP area manager. I am in Greater Manchester (Bury). I am getting nowhere with Pension Credit who says I cannot apply for pension credit. However there is confusion over what Pension Age housing benefit means. We were both living together and getting housing benefit since 2005 My partner reached state pension age in 2028 but claim was in my name and he is down as a dependant so maybe that doesn't meet requirements pension age housing benefit. I don't know. I can't manage to claim UC I am too unwell. I was on touch with Citizens Advice Help to claim and they have emailed to say they cannot do a calculation as too complex but my partner won't be required to work but I would. Even though I am in ESA support group. The last WCA I had several years ago at same time as PIP renewal. I have just had PIP renewal st same time As migration to UC notice. My PIP renewal has been delayed years. I don't think I could make to apply for UC as I am far too unwell now to be able to do it. I can't work right now.

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1 day 19 hours ago #305283 by latetrain
Replied by latetrain on topic Pension Credit mixed aged couple
Hi wolfchile

As a mixed aged couple you cannot claim pension credit, when the eldest of a couple turns state pension age their partner may loose their legacy benefit but it will depend on a number of factors.

We would advise you to seek advice from your local Welfare Rights Organisation: advicelocal.uk

Gary

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1 day 14 hours ago #305291 by wolfchile
Replied by wolfchile on topic Pension Credit mixed aged couple
Hi

I had explained in previous post that I was asking about pension credit because of housing benefit which has been paid prior to 2018 when my partner was over pension age. We have been in receipt of housing benefit since 2005 and one of us pension age since 2018 which means you can claim pension credit but no one knows about it so when I got a reply saying you could give me contact details for area manager at DWP to Complain said yes it would be helpful. As for getting advice I already explained I have been unable to. The website you gave me brings up nothing except asking for advice from Jobcentre who don't give advice or careers service for young people. I had exhausted every possibility to get advice before posting on here

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8 hours 39 minutes ago #305336 by David
Replied by David on topic Pension Credit mixed aged couple
Hi wolfchile

You said in your previous post --My partner reached state pension age in 2028 but claim was in my name and he is down as a dependant so maybe that doesn't meet requirements pension age housing benefit. I don't know.--
Unfortunately that is the case. You are not Pension age so you are not getting Pension Age HB if you are the claimant.
I will post again the requirements....
Part 1: Protected Mixed Age Couples
Who is a ‘protected’ mixed age couple?
To be a 'protected' mixed age couple, the couple must:
• Have been a couple on 14th May 2019 and have been in the same couple ever since.
• Be currently getting either Pension Credit OR the older member1 of the couple is the main claimant of
Housing Benefit that is being assessed under the State Pension Credit (SPC) Regulations2
,
• Have been getting either Pension Credit or Housing Benefit (under the SPC Regulations) since 14th May
2019 as a mixed age couple, and
• Not had a period of time when they weren’t entitled to either benefit, ie no gaps when neither Pension
Credit nor Housing Benefit (under the SPC Regulations) was being paid.
This is because 'savings provisions' in the amending Regulations protect these couples from claiming UC while
they remain entitled to either benefit ( Housing Systems No.2 of 2022 )

You can find the details at Paragraph 4 of the Welfare Reform Act 2012
www.legislation.gov.uk/uksi/2019/37#:~:t...he%20appointed%20day.

David

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Please Log in or Create an account to join the conversation.

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