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ESA and Housing Benefit – Mixed-Age Couple

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2 months 1 week ago #294387 by Karolina
Hi,
I was wondering if you could help me with my query. My parents both receive CB ESA, PIP, Housing Benefit and Council Tax Support. My father will reach pension age in April 2025, my mother in April 2029. Will they have to migrate to Universal Credit when my father reaches pension age, or can they carry on claiming Housing Benefit if my mother will still be receiving CB ESA? My father is the HB main claimant. They have been in receipt of HB since before 2019, without any breaks in their claim.
Thank you very much!

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2 months 6 days ago #294409 by David
Hi Karolina,

There are other qualifying factors. I need to ask if either of your parents receive Housing Benefit with the SDP premium ( Severe Disability ) ?

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 months 6 days ago #294421 by Karolina
Replied by Karolina on topic ESA and Housing Benefit – Mixed-Age Couple
Hi David,

Thank you for getting back to me so quickly. Yes, they receive the SDP premium with their Housing Benefit (they both receive PIP daily living component, I think that's what qualifies them for SDP).

Many thanks,
Karolina

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2 months 6 days ago #294436 by David
Hi Karolina,

Mixed Aged Couples ( MAC) is the term used for a couple where one is under SRP ( state pension age ) and one is over. The rules about which MACs can stay on Housing Benefit and which can't have been chopped and changed since 2018. This has been done by the DWP issuing instructions to Local Authorities in what are known as Housing Benefit Circulars.
Firstly some MACs were exempted from having to claim UC on becoming a MAC by the DWP in what is known as Article 8 in 2019. Then the DWP revoked Article 8 in 2022. However the DWP informed Local Authorities that those couples who had remained on working age HB as their award included a Severe Disability Premium would remain on working age HB until there was a change of circumstance which meant they should move to UC.

So as far as I can see your parents if the MAC status arose now would stay on HB. I may be wrong. However we have a new government and Secretary of State for Social Security so there may be some changes to MAC Benefits in the pipeline.
There may also be other factors that qualify your parents Housing Benefit claim. It is complex and the best thing is to try and get local detailed advice. Maybe phone or better still email your Housing Benefit department for their views.

Hope this helps,
David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 months 6 days ago #294441 by Karolina
Replied by Karolina on topic ESA and Housing Benefit – Mixed-Age Couple
Hi David,

Thank you very much for your detailed response, that's all very useful to know. I've been trying to grapple with it myself but, like you said, it seems to be incredibly complex. I will follow your advice and contact our local HB department.

Thank you so much for all your help!
Karolina
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