Couples’ Claims for Means-Tested Benefits
In couple claims for iESA, iJSA, IS, and HB one partner makes the claim, which covers both. In UC both members of a couple are joint claimants.
A mixed-age-couple is benefits jargon to mean a couple where one member is under pension age (66) and the other is over pension age.
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Mixed-Age-Couples
Before 15th May 2019 the older partner of a mixed-age-couple could claim Pension Credit and Housing Benefit. This claim would cover both members of the couple.
Since 15 May 2019 a mixed-age-couple must usually make a joint claim for Universal Credit, however there are some quirks.
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The Quirky Rules for Mixed-Age-Couples
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Continuing Claims and New Claims
The older partner of a mixed-age-couple can continue to get PC and HB where the claim was made before 14 May 2019, so long as they remain as partners in the same mixed-age-couple.
The older partner of a mixed age couple can make a new claim for HB if they are already getting PC from before 14 May 2019 as part of the same mixed-age-couple
The older partner of a mixed age couple can make a new claim for PC if they are already getting HB from before 14 May 2019 as part of the same mixed-age-couple.
If you are getting iESA, iJSA, IS and/or HB when your partner turns pension age, you can continue to get that iESA, iJSA, IS and/or HB for yourself and your older partner.
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Claiming as a Single Person
The older partner of a mixed-age-couple can make new claims for PC and HB as a single person, if the younger partner cannot claim UC because:
- They are a person subject to immigration control
- They are not habitually resident in the CTA including where they have no right to reside
- They are a prisoner or detained in hospital
- They are a monk or nun
- They are aged under 18 and not covered by any of the exceptions that allow claims by 16 or 17 year olds – Yes! Really!
If a member of a couple is absent from the household for six months, or likely to be absent for at least six months they must be treated as no longer members of a couple. The older person could then claim PC/HB as a single claimant.
In such a case the NI No requirement would not apply to the not-counted partner.
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Polyamory – Yes! Really!
UC cannot allow claims by polygamous or polyandrous groups, only couples. In a three person relationship, if two are over pension age they can claim PC/HB while the third clams UC. If two are under pension age they can claim UC while the third claims PC/HB.
Similar combination rules could apply to menages of 4 or more.
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Things that Make Your Old Claims End
If you form a new relationship and become a member of a couple your old single-person claims end.
If you are getting HB for yourself and your partner, when you are both under pension age, your HB ends when you reach pension age and become a mixed-age-couple.
If you are under pension age, are a member of a mixed-age-couple, and you are getting HB passported from iESA, iJSA or IS, your Housing Benefit ends if your entitlement to the passporting benefit ends.
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Double Benefits
When the younger partner of a mixed-age-couple reaches pension age one partner can then claim PC/HB on behalf of both.
Any Universal Credit awarded before this continues until the start of the assessment period following the younger partner’s birthday.
Thus an overlap of UC and PC/HB is allowed.
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