Pension Credit Withdrawn

batbloke

Hi can anyone help please?
My partner reached pensionable age recently and has caused my Pension Credit to be stopped.
I am disabled on enhanced care and mobility PIP
My partner, also disabled, but whilst on high rate mobility, is only on low rate care DLA.
According to the government's website, if you are on a middle or higher rate care of DLA or PIP then you are eligible for Pension Credit.
However, it appears that BOTH have to be on this to be eligible.
Having been waiting for six years to get her pension, it is now virtually taken away with the loss of PC - which means higher rent, council tax, dentists fees, etc.
My partner has Lupus and arthritis and needs fairly constant care, I've said to her long ago that she should apply for the middle rate, but she is scared to lose what she has.

So my questions are:
1/ Is it correct that we both have to be on at least middle rate care?
2/ Are the scare stories about home visits, losing what health benefits you currently have true - should she apply, or is there a huge risk?

I'm worried now, what with the cost of living and the fact that we had forward budgeted with her new pension in mind, on how we are going to cope.

Any advice, kindly appreciated.
BB

KxMx

You can still apply to your local authority for Council Tax Benefit. 
Pension Credit is only one of many ways you can qualify for CTR. Each LA sets their own criteria. 

whizzywoo

Eligibility for Pension Credit does not depend on both parties receiving a qualifying disability benefit.  It is means tested and depends on joint income.

I suspect that because your partner now receives State Pension your joint income is now too high.

However if you both receive a qualifying disability benefit such as the care component of PIP (either rate) or the middle or higher rate of the DLA care component,  you may both be eligible to have the Severe Disability Premium added to your Guarantee Pension Credit minimum guaranteed amount.  This may mean that you now qualify again for Pension Credit.  

Because your partner only receives the lower care component of DLA, neither of you can receive an SDP.

The SDPs would not be available if anyone is claiming Carer's Allowance for you.

Your partner could claim Attendance Allowance but it does not have a mobility component.  It is easier to claim than PIP and they rarely do an assessment.  You would need to calculate whether losing DLA high rate mobility would be compensated by receiving the 2 SDP premiums in Pension Credit. 

Try using a Benefits calculator with different scenarios.

Alice_Holt

whizzywoo said:

Your partner could claim Attendance Allowance but it does not have a mobility component.  It is easier to claim than PIP and they rarely do an assessment.  You would need to calculate whether losing DLA high rate mobility would be compensated...... 

        This bit is not, I'm afraid, correct.
          The OP's partner should not claim AA.

         OP -  Since your partner is on the disability benefit DLA, she will eventually be assessed for PIP (I'm assuming her DoB is after April 1948)
    If her mobility needs remain (and are assessed as such) she can still retain a mobility award in her PIP award.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/if-you-get-dla/
    
    If her care needs have increased then a standard rate PIP Daily Living award would (as whizzywoo indicated) increase your joint pension credit guaranteed amount to £417.5 pw, as your are now both eligible for severe disability addition. (I am assuming no one else lives with you). If you current income is less than this, then you would have a new entitlement to PC (along with automatic HB and CTr)

  If you notify the DWP of a worsening of condition, then your partner will be assessed for PIP.

Note that PIP is different to DLA and is points based centred around particular activities & descriptors -
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

I would suggest you carefully go through the points system before notifying the DWP of a worsening condition, to ensure that a Daily Living award should be awarded. Your local advice agency or Age UK may be able to help with this, and possibly with the PIP form.


Note that you can apply for both Housing Benefit and Council Tax reduction from your local council now. It will be assessed on your current income. There is an additional premium due to your care PIP award.
         

whizzywoo

Alice_Holt said:

whizzywoo said:

Your partner could claim Attendance Allowance but it does not have a mobility component.  It is easier to claim than PIP and they rarely do an assessment.  You would need to calculate whether losing DLA high rate mobility would be compensated...... 

        This bit is not, I'm afraid, correct.
          The OP's partner should not claim AA.

         OP -  Since your partner is on the disability benefit DLA, she will eventually be assessed for PIP (I'm assuming her DoB is after April 1948)
    If her mobility needs remain (and are assessed as such) she can still retain a mobility award in her PIP award.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/if-you-get-dla/
    
    If her care needs have increased then a standard rate PIP Daily Living award would (as whizzywoo indicated) increase your joint pension credit guaranteed amount to £417.5 pw, as your are now both eligible for severe disability addition. (I am assuming no one else lives with you). If you current income is less than this, then you would have a new entitlement to PC (along with automatic HB and CTr)

  If you notify the DWP of a worsening of condition, then your partner will be assessed for PIP.

Note that PIP is different to DLA and is points based centred around particular activities & descriptors -
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

I would suggest you carefully go through the points system before notifying the DWP of a worsening condition, to ensure that a Daily Living award should be awarded. Your local advice agency or Age UK may be able to help with this, and possibly with the PIP form.


Note that you can apply for both Housing Benefit and Council Tax reduction from your local council now. It will be assessed on your current income. There is an additional premium due to your care PIP award.
         

I didn't say that OP's wife should claim Attendance Allowance,  only that they could.  OP's wife is reluctant to advise a worsening condition and undertake an assessment. 

It was suggested as an alternative course of action as it is easier to claim Attendance Allowance and rarely needs an assessment.   If awarded it may well be that the 2 SDPs would outway the loss of the mobility component.  As matters stand there is no SDP for either of them and they no longer qualify for Pension Credit at all.

Alice_Holt

whizzywoo said:

Alice_Holt said:

whizzywoo said:

Your partner could claim Attendance Allowance but it does not have a mobility component.  It is easier to claim than PIP and they rarely do an assessment.  You would need to calculate whether losing DLA high rate mobility would be compensated...... 

        This bit is not, I'm afraid, correct.
          The OP's partner should not claim AA.

         OP -  Since your partner is on the disability benefit DLA, she will eventually be assessed for PIP (I'm assuming her DoB is after April 1948)
    If her mobility needs remain (and are assessed as such) she can still retain a mobility award in her PIP award.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/if-you-get-dla/
    
    If her care needs have increased then a standard rate PIP Daily Living award would (as whizzywoo indicated) increase your joint pension credit guaranteed amount to £417.5 pw, as your are now both eligible for severe disability addition. (I am assuming no one else lives with you). If you current income is less than this, then you would have a new entitlement to PC (along with automatic HB and CTr)

  If you notify the DWP of a worsening of condition, then your partner will be assessed for PIP.

Note that PIP is different to DLA and is points based centred around particular activities & descriptors -
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

I would suggest you carefully go through the points system before notifying the DWP of a worsening condition, to ensure that a Daily Living award should be awarded. Your local advice agency or Age UK may be able to help with this, and possibly with the PIP form.


Note that you can apply for both Housing Benefit and Council Tax reduction from your local council now. It will be assessed on your current income. There is an additional premium due to your care PIP award.
         

I didn't say that OP's wife should claim Attendance Allowance,  only that they could.  OP's wife is reluctant to advise a worsening condition and undertake an assessment. 

It was suggested as an alternative course of action as it is easier to claim Attendance Allowance and rarely needs an assessment...... 

      Regardless of the could / should semantics. I still think your suggestion that AA might be claimed is questionable. 
 AA has neither the mobility component (currently worth £64.50 pw to the OP's partner), nor does it have a rate equivalent to her current low care rate of DLA. (Remember that AA does not have the cooking test).
https://forums.moneysavingexpert.com/discussion/comment/76522862/#Comment_76522862
Potentially then her current DLA award, would not translate into an AA award. It could be lost.

   The OP actually states she is "scared to lose what she has", he has not written (AFAIK) that she is reluctant to undertake an assessment. 

 IMO, I have to say that AA is not easier to claim.  If you look at this site: 
              https://benefitanswers.co.uk/attendance-allowance-applications
   It states that 58% of AA claims are rejected by the DWP, whilst (only !) 28% of DLA to PIP claims are rejected.

    The usual transition is from DLA to PIP - and this (IMO) is likely to be the better route for their household to gain the joint severe disability addition and regain a PC award. (Without potentially losing the £64.40 pw mobility element).

   However, I would again emphasis that the OP and his partner should get accredited advice from their local advice agency on their specific circumstances, and go carefully through PIP eligibility and the points system (preferably with a benefits specialist) before advising of the worsened condition.

  But, it's very possible that someone with a DLA high rate mobility award (and suffering from lupus and arthritis ) could accumulate daily Living PIP points for: 
  Preparing and cooking food - needing to sit whilst preparing a meal (2 points);
  Washing - needing rails to safely get in / out of bath or shower and / or a seat to shower safely (2 points);
  Toileting - rails or a raised toilet seat to get safely off / on the toilet (2 points);
  Dressing - needing assistance or taking more than twice as long to dress as someone without that condition (2 points).

 That could be a path to getting the 8 points necessary for a Daily Living PIP award.

whizzywoo

@Alice_Holt I agree that the OP needs to get some advice from Welfare Benefits advice agencies and you have made some valid points.

I have never heard of the website Benefit Answers and was curious so had a look around their site.  I see that they operate on a "no win no fee" basis.  They charge a percentage of any arrears received if a benefit claim is successful.  There is no mention of the amount of the percentage. 

 They do not appear to back up their assertion that 58% of Attendance Allowance claims are rejected.  Do you know if there are any official Government figures stating this?