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    • rosey-789
    • By rosey-789 11th May 19, 10:02 PM
    • 13Posts
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    rosey-789
    Pension Credit Mixed Age
    • #1
    • 11th May 19, 10:02 PM
    Pension Credit Mixed Age 11th May 19 at 10:02 PM
    My partner is 65 and receives his state pension in November this year. Earliest he can apply is July and we miss out on the pension credit due to being a mixed age couple. Now I'm 54 and his full time carer because of a lot of medical health conditions he has so I receive 66 per week carers allowance and at the moment we receive esa which stops in October. What I'm looking for is advice on is he will have his state pension and my carers allowance only. We won't be able to apply for universal credit because then they would ask me to look for work (which I'd love to do) but being his carer surely this means we won't be entitled to anything. Is this correct.
Page 1
    • tacpot12
    • By tacpot12 11th May 19, 10:12 PM
    • 2,374 Posts
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    tacpot12
    • #2
    • 11th May 19, 10:12 PM
    • #2
    • 11th May 19, 10:12 PM
    It's possible that you will be able to negotiate to have no work related commitments. Have a read of the link below in the section on claimant commitment:
    https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/universal-credit

    Ultimately if you can't convince your work coach that you have 'regular and substantial caring responsibilities for a severely disabled person', you will either have to appeal their decision or close your claim for UC. I think you would be better to claim UC and then see what you can negotiate.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always check official information sources before relying on my posts.
    • rosey-789
    • By rosey-789 11th May 19, 10:50 PM
    • 13 Posts
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    rosey-789
    • #3
    • 11th May 19, 10:50 PM
    • #3
    • 11th May 19, 10:50 PM
    Thanks for that. I just find this ridiculous when I'm his carer and if I wasn't looking after him over 35 hrs per week due to having to look for work then who would help him throughout the day. Not only that I'd lose the Carers Allowance.
    • p00hsticks
    • By p00hsticks 12th May 19, 2:27 PM
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    p00hsticks
    • #4
    • 12th May 19, 2:27 PM
    • #4
    • 12th May 19, 2:27 PM
    Could he look into claiming Attendance Allowance ?

    https://www.gov.uk/attendance-allowance
    • sleepless saver
    • By sleepless saver 13th May 19, 10:12 AM
    • 2,700 Posts
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    sleepless saver
    • #5
    • 13th May 19, 10:12 AM
    • #5
    • 13th May 19, 10:12 AM
    The partner must already be getting DLA or PIP for the carer to be getting carers allowance. He/she won't be able to get attendance allowance as well as DLA or PIP.
    • Alice Holt
    • By Alice Holt 13th May 19, 8:51 PM
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    Alice Holt
    • #6
    • 13th May 19, 8:51 PM
    • #6
    • 13th May 19, 8:51 PM
    As a carer under UC you will be in the No work-related requirements group.
    https://www.turn2us.org.uk/Benefit-guides/Universal-Credit/Claimant-Commitment-Conditionality

    I would advise going to your local advice agency / CAB and getting a benefit check. UC will look at your income as a couple - including your husband's state pension.
    If you don't have housing costs - it may be that you would not benefit from UC.

    I think the relevant UC elements (assuming no housing costs) would be:
    Basic element (couple).....499
    Carers Addition.................160
    Total (Per Month)..............659

    https://www.entitledto.co.uk/help/Universal-Credit-Rates

    From this will be deducted your husbands State Pension and your CA. So, without any rental liability UC is unlikely to provide you with any extra money as the SP & CA are likely to be more than 151 per week.

    You can work and still receive CA - but net earnings have to be below 123, So, around 14 hrs a week at minimum wage.
    Look at the Carers UK site for more info on working & CA.
    Last edited by Alice Holt; 13-05-2019 at 8:54 PM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • p00hsticks
    • By p00hsticks 13th May 19, 9:06 PM
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    p00hsticks
    • #7
    • 13th May 19, 9:06 PM
    • #7
    • 13th May 19, 9:06 PM
    The partner must already be getting DLA or PIP for the carer to be getting carers allowance. He/she won't be able to get attendance allowance as well as DLA or PIP.
    Originally posted by sleepless saver

    But they say....


    What I'm looking for is advice on is he will have his state pension and my carers allowance only.
    Originally posted by rosey-789

    No mention of DLA or PIP ?
    • Pollycat
    • By Pollycat 14th May 19, 6:55 AM
    • 22,494 Posts
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    Pollycat
    • #8
    • 14th May 19, 6:55 AM
    • #8
    • 14th May 19, 6:55 AM
    But they say....





    No mention of DLA or PIP ?
    Originally posted by p00hsticks
    But the 'eligibility' criteria for Carer's Allowance on gov.uk says:

    The person you care for

    The person you care for must already get one of these benefits:
    • Personal Independence Payment - daily living component
    • Disability Living Allowance - the middle or highest care rate
    • Attendance Allowance
    • Constant Attendance Allowance at or above the normal maximum rate with an Industrial Injuries Disablement Benefit
    • Constant Attendance Allowance at the basic (full day) rate with a War Disablement Pension
    • Armed Forces Independence Payment
    So there should be some benefit in that list that the OP's partner gets to give eligibility to Carer's Allowance.
    https://www.gov.uk/carers-allowance/eligibility
    • WillowCat
    • By WillowCat 14th May 19, 4:44 PM
    • 866 Posts
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    WillowCat
    • #9
    • 14th May 19, 4:44 PM
    • #9
    • 14th May 19, 4:44 PM
    As you get carer's allowance your husband is on a qualifying benefit, and if you were to apply for UC you would be exempt from work related requirements due to being a carer.

    If he gets enhanced PIP daily living, or higher rate care DLA then he would automatically get LCWRA on UC which is the higher rate of disability element (336.20 a month). You would also get the standard element (498.89) and carer element (160.20), and if you have housing costs these would be paid up to the eligible rent. The total of all this would be reduced by his state pension and your carer's allowance. It's possible if you have no or low housing costs, and he isn't entitled to LCWRA then the pension and carer's allowance would wipe out any entitlement.
    • Alice Holt
    • By Alice Holt 14th May 19, 6:39 PM
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    Alice Holt
    For a working age claimant you are correct.

    However the OP partner will be of state pension age when they claim UC and different rules apply.

    Please refer to paragraph 5 of schedule 9 of the Universal Credit Regulations 2013

    An award of PIP at the enhanced daily living rate does automatically entitle a person of state pension age to the LCWRA component.
    Originally posted by WillowCat
    Thanks for this. You are quite right.


    My comment will only apply to working age claimants.

    "Disabled and over the age for state pension credit
    5. The claimant has reached the qualifying age for state pension credit and is entitled to attendance allowance, the care component of disability living allowance at the highest rate or the daily living component of personal independence payment at the enhanced rate."

    Best wishes.

    PS: I will delete my incorrect post to avoid any further confusion for the OP.
    Last edited by Alice Holt; 14-05-2019 at 6:42 PM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • rosey-789
    • By rosey-789 14th May 19, 8:07 PM
    • 13 Posts
    • 1 Thanks
    rosey-789
    Hi, Thanks for info. Yes he gets pip high rate mobility and middle care. He is 65 now but state pension age in November. Now I spoke to someone at dwp and they said because I receive carers and he will receive his state pension we wouldn't be entitled to nothing more unless I agree to look for work. Oh and we would receive the housing benefit and council tax rebate we already get.
    Last edited by rosey-789; 14-05-2019 at 8:12 PM.
    • rosey-789
    • By rosey-789 14th May 19, 8:10 PM
    • 13 Posts
    • 1 Thanks
    rosey-789
    They did state though if I did apply for uc I'd have to agree to look for work and if I don't we weren't entitled to anything else as this is the new rules for mixed age couples. I can't agree to that as need to be here to look after him. Sorry for posting twice.
    Last edited by rosey-789; 14-05-2019 at 8:13 PM.
    • WillowCat
    • By WillowCat 15th May 19, 7:52 PM
    • 866 Posts
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    WillowCat
    They are totally wrong about you needing to look for work if you do make a claim. You are a carer and totally exempt from work search requirements.

    Your total UC entitlement (before deduction) will be 995.29. After deducting carer's allowance it is 708.64. Then his pension will be deducted from that. If you pay rent then you will also get help with housing so that would increase the 708 total.
    • Alice Holt
    • By Alice Holt 15th May 19, 8:29 PM
    • 3,057 Posts
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    Alice Holt
    Yes he gets pip high rate mobility and middle care. He is 65 now but state pension age in November. Now I spoke to someone at dwp and they said because I receive carers and he will receive his state pension we wouldn't be entitled to nothing more unless I agree to look for work.
    Originally posted by rosey-789
    As WillowCat says and per the link in my post @6 your caring responsibilities place you in the NO WORK- RELATED REQUIREMENTS GROUP. You will NOT have to look for work.
    You have been given incorrect information by the DWP call handler - sadly, this is not unusual,

    Have you looked at those Links and read the information they give? Is there anything you do not understand in that link?
    https://www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit

    PIP does not have a high or middle rate. It is enhanced or standard. Please look at the award notice and tell us the precise PIP award. This is important.
    If your husband is getting the ENHANCED DAILY LIVING PIP award he will get the LCWRA UC addition and the 995 (plus housing costs) referred to in WillowCat's post,
    If your husband is getting the STANDARD DAILY LIVING PIP award he will not get the LCWRA UC addition and elements, so will get 659 UC (plus housing costs) per my earlier post.
    Last edited by Alice Holt; 15-05-2019 at 8:42 PM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • rosey-789
    • By rosey-789 19th May 19, 3:06 PM
    • 13 Posts
    • 1 Thanks
    rosey-789
    He gets the Daily Living component standard of pip 58.70 and Enhanced rate 61.20.



    Would he still miss out on pension credit even if he started an early claim for it in July? he them reaches state pension age in November or is it still to late. DWP have me round the bend with the advice they are telling me.
    • WillowCat
    • By WillowCat 19th May 19, 7:50 PM
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    WillowCat
    It's too late. He would have had to been entitled to pension credit (i.e. reached state pension age) before May 15th in order to get it.

    I believe that a little publicised change is that once he reaches pension age your housing benefit claim will stop and so you will have to claim UC to get help with your housing. As unfortunately he only gets middle rate care (I see you edited your previous post) your award will be approximately 659 plus housing element. From this will be deducted the monthly average of his state pension and 286 for overlapping carer's allowance.
    • rosey-789
    • By rosey-789 19th May 19, 8:15 PM
    • 13 Posts
    • 1 Thanks
    rosey-789
    So does this mean we'll be lucky to get 100 a month from uc by time they take out the carers and pension. I didn't realize housing benefit stopped.
    • WillowCat
    • By WillowCat 19th May 19, 8:31 PM
    • 866 Posts
    • 1,036 Thanks
    WillowCat
    So does this mean we'll be lucky to get 100 a month from uc by time they take out the carers and pension. I didn't realize housing benefit stopped.
    Originally posted by rosey-789
    It depends on what your housing costs are, and what actual pension he will get, but yes it could be that low.

    Re: the housing benefit - this is all new so it's down to interpretation of the legislation. This is all the information I have at the moment, from another forum:

    https://www.rightsnet.org.uk/forums/viewthread/14433/
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