Confused Pension Credits from May

TroubledTina

Hi,

My husband reaches state pension age in November this year, I am 9 years younger.

Currently he is on ESA in the support group and gets pip high rate for both components, I claim carers allowance. We get housing benefit.

He did do a pension forecast a few months back and I think his state pension is roughly £164 a week.

Now here is where I'm confused, on the pension credit website it states.....

From 15th May 2019 if your a couple you'll only be eligible to start getting pension credits if you and your partner have both reached pension credit qualifying age , then it states one of you have reached pension credit qualifying age and is claiming housing benefit for you as a couple.

So I'm confused, what I'm asking is will my husband be able to claim pension credits because we are on housing benefit or have I read it wrong, have we both got to be state pension age.

Thanks.

Alice_Holt

My understanding is that you both need to have attained SPA (post May) to claim PC.

Come November (when he is in receipt of SP and this replaces his ESA), I would suggest a benefit check at your local advice agency / CAB.

TroubledTina

Thanks Alice,

It's just the part where it states one of you has reached pension credit age and on housing benefit that confused me. It really doesn't make it very clear.

pmlindyloo

This is the full text

Changes to Pension Credit eligibility from 15 May 2019
From 15 May 2019, if you’re in a couple you’ll only be eligible to start getting pension credit if either:
you and your partner have both reached Pension Credit qualifying age
one of you has reached Pension Credit qualifying age and is claiming Housing Benefit (for you as a couple)

My understanding is that you will qualify for Pension Credit as a couple because your husband will have reached PC qualifying age and you claim HB as a couple.

Alice_Holt

Thanks pmlindyloo.

That's interesting. I wasn't aware of that exception.

TroubledTina

Thanks pmlindyloo,

That's the way I read it but I'm still not sure.

tacpot12

TroubledTina wrote: »

Thanks pmlindyloo,

That's the way I read it but I'm still not sure.

I don't think it can be read anyone other way, so your husband will be able to claim pension credit as part of a couple. He will also be able to continue to claim housing benefit for you both.

TroubledTina

Thanks tacpot12.

I think my confusion arose because when it's been reported on in the papers etc there was no mention of still being able to claim pension credits when you are on housing benefit. The only thing reported was that pension credits would stop for mixed aged couples.

calcotti

Unfortunately I'm not sure I agree with the advice given above. My understanding is that he exclusion is not for all housing benefit claims, it is only for housing benefit claims in payment under the Housing Benefit SPC Regulations prior to 15th May (housing benefit paid to people who have already reached pension Credit age on 14th May).

The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019

"(3) Save as stated to the contrary in article 6(2), all references in this Order to claims or entitlement to housing benefit are to claims or entitlement under the Housing Benefit SPC Regulations only."

Although he is claiming housing benefit he does fit the exclusion and therefore, in my opinion, he may not be able to claim Pension Credit.

The reason I remain hesitant is that there is a clause 6 (see below) which I have read several times but can't get my head around what it means.

"Transitional provision: termination of awards of housing benefit

6.—(1) The awards of housing benefit referred to in paragraph (2) are to terminate on the day referred to in paragraph (3), subject to paragraph (4).

(2) The awards are those where entitlement under the Housing Benefit SPC Regulations as part of a mixed-age couple begins on or after the appointed day and where the awards are made—

(a)at any time, under the Housing Benefit Regulations 2006(1) or the Housing Benefit SPC Regulations, to a person who, after the award, becomes a member of a mixed-age couple;

(b)at any time, under the Housing Benefit Regulations 2006, to a person who is a member of a mixed-age couple, where the award subsequently ceases to be subject to those Regulations and becomes subject to the Housing Benefit SPC Regulations; or

(c)on or before the day of making of this Order, to a person who claimed in advance of attaining the qualifying age for state pension credit.

(3) The termination takes effect—

(a)in the case of an award referred to in paragraph (2)(a) or (b), on the later of the appointed day and the day entitlement under the Housing Benefit SPC Regulations as part of a mixed-age couple takes effect on the award, as a change of circumstances, in accordance with the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(2); or

(b)in the case of an award referred to in paragraph (2)(c), on the day after the day of making of this Order."

How I wish for legislation in plain english!

calcotti

Just to add. The statement to parliament on 15th January said "Couples with one partner under state pension age who are already in receipt of pension credit or pension-age housing benefit at the point of change will be unaffected while they remain entitled to either benefit."

This reinforces my view that he probably cannot claim Pension Credit in November.

However I still don't understand clause 6!

Alice_Holt

calcotti wrote: »

However I still don't understand clause 6!

Nor me!

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