legacy benefits vs Universal tax credit for new pensioner

ruddin1

Hello

My dad is currently on legacy benefits. He recently got a letter from the council stating that because he will be getting his pension in the next couple of months that his housing benefits will stop. He has been told he would just need to claim housing benefits again but just as a pensioner. So since this is a stop and start moment in benefits does he now need to claim it as universal tax credit or still continue claiming as a housing benefit? Until the mandatory migration request happens how can he tell if if it's better to stay on legacy benefits for the time being on move to universal credit?

Alice_Holt

What benefits is he currently claiming?

He can continue to receive HB. When his legacy benefit ends, his HB will be suspended, he then needs to supply details of his pension income to the LA so his entitlement to HB can be recalculated and payments continue:
https://www.scope.org.uk/advice-and-support/pensions-and-disability-benefits/

Will he be eligible for Pension Credit? 
Has he applied for his State Pension?
https://www.gov.uk/new-state-pension/how-to-claim

ruddin1

I think it's a combination of benefits, like child support/tax credits, housing benefits, disability, PIP, employment. Something along those lines. I need to fully check.

We submitted his form state pension application form via GOV website. I think we expect to hear back two weeks before his pension is actually due. But without that actual information we can't go and claim housing benefit as we were told to apply a month beforehand for his housing benefit otherwise he will miss out and go in arrears

I assume he will be given a heads up before they discontinue his legacy benefits and try and move him to universal.

Spoonie_Turtle

ruddin1 said:

I assume he will be given a heads up before they discontinue his legacy benefits and try and move him to universal.

Unless he also has a partner under state pension age then they couldn't possibly try and make him claim UC. 
And if he has, presumably his HB claim started before 15th May 2019 so he wouldn't have to claim UC anyway. Edit: my apologies, that was wrong.  See Yamor's post downthread.

ruddin1

Yes. His partner is still under state pension age and he has been claiming HB before May 2019. So would it be in his best interest not to switch to UC? As he is under the impression he should based on the fact he is going to be a pension soon and he needs to re-apply for housing benefits as a pensioner

molerat

We submitted his form state pension application form via GOV website. I think we expect to hear back two weeks before his pension is actually due.

He should get the payment details within a couple of weeks of applying.

Alice_Holt

ruddin1 said:

Yes. His partner is still under state pension age and he has been claiming HB before May 2019. So would it be in his best interest not to switch to UC? As he is under the impression he should based on the fact he is going to be a pension soon and he needs to re-apply for housing benefits as a pensioner

   I'd suggest, once they know his SP amount, he and his partner get a benefit check.
 They will need to have exact details of their benefits / savings / circumstances. 
They could then check if an UC claim would yield them additional income. 
(They would need to be mindful of any work commitments placed on the partner). 

https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/couples-benefits/#:~:text=men and women.-,Which benefits can mixed age couples claim?,both reach State Pension age.

Note: My earlier post mentioned PC, as your OP did not clarify that your father had a partner and was part of a mixed age couple. PC is not currently an option for them.

Yamor

Spoonie_Turtle said:

ruddin1 said:

I assume he will be given a heads up before they discontinue his legacy benefits and try and move him to universal.

Unless he also has a partner under state pension age then they couldn't possibly try and make him claim UC. 
And if he has, presumably his HB claim started before 15th May 2019 so he wouldn't have to claim UC anyway.

Unfortunately, this isn't correct. Having a HB claim which started prior to May 2019 only helps if it was as part of a mixed-aged couple, which they weren't at the time.
Their HB will therefore end, unless the younger partner is on ESA(ir), IS or JSA(ib).
They will then have to claim UC to continue getting support for their housing costs.

Spoonie_Turtle

Yamor said:

Spoonie_Turtle said:

ruddin1 said:

I assume he will be given a heads up before they discontinue his legacy benefits and try and move him to universal.

Unless he also has a partner under state pension age then they couldn't possibly try and make him claim UC. 
And if he has, presumably his HB claim started before 15th May 2019 so he wouldn't have to claim UC anyway.

Unfortunately, this isn't correct. Having a HB claim which started prior to May 2019 only helps if it was as part of a mixed-aged couple, which they weren't at the time.
Their HB will therefore end, unless the younger partner is on ESA(ir), IS or JSA(ib).
They will then have to claim UC to continue getting support for their housing costs.

Ah, I thought a working age claim for HB counted and just continued/converted to pension age.  An important correction, thank you.