Pension credit claim

rol0

Hi

Hopefully someone can help.
My Husband turned 65 in 2019 and we claimed housing and council tax benefit from local council and have been receiving it ever since.
I'm under state pension age and recently became a carer for him so I get carer's allowance as he gets attendance allowance and I earn £80 a week from employment. We applied for pension credit but have been turned down as I'm under state pension.
I've read the guidance and we were claiming housing benefit before 15 may 2019 so I thought we were entitled.
Thanks

NedS

As a mixed age couple (one over State Pension age, one under State Pension age), you would need to claim Universal Credit, not pension credit. Your claim for housing benefit would end, and the housing element of UC would be payable instead.

You should check using one of the online calculators (turn2us, entitledto.net) that you will be better off before making any claim. Once you have made a claim for UC, you cannot go back to claiming HB if you were worse off.

Your Carers Allowance would be deducted pound for pound from any UC entitlement as they are overlapping benefits, but you would be entitled to the carers element of UC (for which there are no earnings limit, so you could in theory increase your earnings). Entitlement to council tax reduction would likely remain unchanged.

rol0

This is on gov.uk so I'm confused.

Exceptions

Mixed-age couples who were entitled to

• Pension Credit or
• pension age Housing Benefit or
• Pension Credit and pension age Housing Benefit

on 14th May 2019 are exempt from the change provided they remain entitled to either benefit as part of the same couple. If this condition ceases to be met after that date for any reason, or for any length of time, the new rules will apply, meaning that the couple will not then be eligible for Pension Credit or pension age Housing Benefit until both partners have reached the qualifying age.

Where a mixed-age couple is eligible to claim Pension Credit after 14th May 2019, the partner who has reached the qualifying age must be the one to apply 

We were claiming HB before the date and he was already getting state pension 

NedS

I was not aware of those exceptions - sorry.

First question then, who applied for Pension Credit - was it him (as indicated in the Exceptions you have quoted above)?

If you believe you are eligible under those exceptions then you should appeal the decision. The letter you have received will hopefully explain how to do that.

calcotti

One thing to note is that the Pension Credit department is in some sort of meltdown at the moment and claims are taking a very time to be looked at.

What date in 2019 did your husband turn pension age and when did the Housing Benefit claim start? That is crucial.

This page seems clear that he should be able to claim if the HB had started prior to 15th May 2019
https://www.gov.uk/pension-credit/eligibility

If you have a partner
You must include your partner on your application.
You’ll be eligible if either:

• you and your partner have both reached State Pension age

• one of you is getting Housing Benefit for people over State Pension age

rol0

Hi

He turned 65 in Jan 2019 and HB claim from April 2019 

calcotti

rol0 said:

Hi

He turned 65 in Jan 2019 and HB claim from April 2019 

That link that I provided appears to read as if he should be allowed to claim.

Robbie64

It's probably down to so few initial claims being allowed these days under the pre-May 2019 rules that some staff aren't even aware of  it. Ask for a mandatory reconsideration. Hopefully someone with a bit more experience will look at the application and make the correct decision.

rol0

And the delays continue!! 
Despite having proof of pensionable age housing benefit claim since 28 October still no decision. 
I'm tearing my hair out ! 
What else can I do to get a decision 

calcotti

rol0 said:

And the delays continue!! 
Despite having proof of pensionable age housing benefit claim since 28 October still no decision. 
I'm tearing my hair out ! 
What else can I do to get a decision 

Pension service has been in melt down all year. There are huge delays for all claims. See if your MP can help.

bigbill

Use a benefit calculator as you might find your joint incomes (Carers, Earnings, Old Age Pension, work / occ pensions if paid, savings over £10k) are over the PC limit for your circumstances?