UC - asking a vulnerable lady of state pension age to attend interviews and look for work?

calcotti

tomtom256 said:

calcotti said:

The original UC software didn't flag up when claimants reached pension age. I thought this had been fixed but perhaps not.

(As an aside, I don't know why they moved to UC. I would have thought they could have kept the ESA claim as that belonged to G who is not yet pension age. However that is academic because what's done is done.)

It should flag up on a new claim, but wont flag up, if they have claimed prior to reaching state pension age.

I thought it had been fixed so that it would flag up existing claimants reaching SP age so that, unless it remains a MAC claim, UC is stopped. Seems a bizarre oversight not to have built this in.

VioletRose_2

I know this is a very stupid question, has she applied for her state pension, SP is not given automatically at SP age she would have had to apply online or by telephone, if she is getting her SP, then there is no reason why the DWP would have any grounds to treat her as working age, they will know she is SP age as her pension will be deducted £4£ from her and her husbands mixed age UC claim, if she hasn't applied the DWP may believe she is deferring her state pension, its a bit of a grey area if you defer your state pension on UC, it seems you can in some instances but you cant get the extra payment for deferring whilst you are on income based benefits,  that might explain why the DWP think she has some sort of commitment. Bottom line is she is pension age and does not have to report to the DWP, so start my making sure she is getting her pension, if her spouse/partner is more tech savvy get him to contact Ageuk, they have a benefit advise line and are best at sorting out benefits for people in later life. As for Disability benefits she wont get pip but can put a claim on for AA (again Ageuk will help with this) but AA is only for personal care and does not have a mobility element. 

Lililoo

VioletRose_2 said:

I know this is a very stupid question, has she applied for her state pension, SP is not given automatically at SP age she would have had to apply online or by telephone, if she is getting her SP, then there is no reason why the DWP would have any grounds to treat her as working age, they will know she is SP age as her pension will be deducted £4£ from her and her husbands mixed age UC claim, if she hasn't applied the DWP may believe she is deferring her state pension, its a bit of a grey area if you defer your state pension on UC, it seems you can in some instances but you cant get the extra payment for deferring whilst you are on income based benefits,  that might explain why the DWP think she has some sort of commitment. Bottom line is she is pension age and does not have to report to the DWP, so start my making sure she is getting her pension, if her spouse/partner is more tech savvy get him to contact Ageuk, they have a benefit advise line and are best at sorting out benefits for people in later life. As for Disability benefits she wont get pip but can put a claim on for AA (again Ageuk will help with this) but AA is only for personal care and does not have a mobility element. 

Thank you for this information. I think G was under the impression that L couldn't apply for her state pension whilst they were both on UC. I will advise him to contact AgeUK and also about AA. 

Alice_Holt

Lililoo said:

VioletRose_2 said:

I know this is a very stupid question, has she applied for her state pension, SP is not given automatically at SP age she would have had to apply online or by telephone, if she is getting her SP, then there is no reason why the DWP would have any grounds to treat her as working age, they will know she is SP age as her pension will be deducted £4£ from her and her husbands mixed age UC claim, if she hasn't applied the DWP may believe she is deferring her state pension, its a bit of a grey area if you defer your state pension on UC, it seems you can in some instances but you cant get the extra payment for deferring whilst you are on income based benefits,  that might explain why the DWP think she has some sort of commitment. Bottom line is she is pension age and does not have to report to the DWP, so start my making sure she is getting her pension, if her spouse/partner is more tech savvy get him to contact Ageuk, they have a benefit advise line and are best at sorting out benefits for people in later life. As for Disability benefits she wont get pip but can put a claim on for AA (again Ageuk will help with this) but AA is only for personal care and does not have a mobility element. 

Thank you for this information. I think G was under the impression that L couldn't apply for her state pension whilst they were both on UC. 

     They may find that once UC make the changes re L's age UC may retrospectively reduce the UC by the amount of any SP L has entitlement to, and that an UC over-payment then arises.

     So SP needs to be claimed asap, as UC can apply "notional income" rules:
   " You are treated as possessing it even if you do not claim it, including the amount of any State Pension income you have chosen not to apply for if you are over State Pension age."
From the Age UK factsheet on UC - Notional unearned Income para.

I'm not sure if SP can be backdated in these circumstances. They may wish to discuss this situation with the Age UK help-line.

VioletRose_2

A little tip, if she applies on line it will automatically default to a 4 weekly payment, if she wants it weekly she will have to arrange that on the phone 

Lililoo

Thank you. G has informed me that he will contact the AgeUK advice line tomorrow. He will ask about L’s state pension. She does get a very small civil service pension that UC know about. 

Here are some examples of communication on the UC journal recently. The telephone appointment on the 31st May is a work search interview, you can see in the previous comment, L’s age is mentioned. 

tomtom256

The age itself isn't relevant, its the date she actually reaches state pension credit age that matters. Have you run her DOB through the checker at gov.uk to see if she has reached that date?

Sorry if that has already been done.

Lililoo

tomtom256 said:

The age itself isn't relevant, its the date she actually reaches state pension credit age that matters. Have you run her DOB through the checker at gov.uk to see if she has reached that date?

Sorry if that has already been done.

Yes it’s been done, she reached state pension age in November 2020.

calcotti

Lililoo said: I think G was under the impression that L couldn't apply for her state pension whilst they were both on UC. I will advise him to contact AgeUK and also about AA. 

L should be having her State Pension entitlement deducted from the UC regardless of whether or not she has claimed it.

VioletRose_2 said:

.. if she hasn't applied the DWP may believe she is deferring her state pension, its a bit of a grey area if you defer your state pension on UC, it seems you can in some instances but you cant get the extra payment for deferring whilst you are on income based benefits,  ... 

I don't think it is grey. Claimant can defer their State Pension if they wish but will not get any later  pension uplift if they do. The pension income they are entitled to, even though they have not claimed it, should be taken into account as a deduction when calculating UC payable. They are not subject to any work related requirements and none can be imposed.

calcotti

Alice_Holt said: I'm not sure if SP can be backdated in these circumstances. They may wish to discuss this situation with the Age UK help-line.

You can backdate a claim for up to 12 months - but obviously not to a date prior to reaching pension age.