Transfer to UC

Hi Lynz,

I would be interested to know who told you that you had to claim UC?
In November when your husband gets his state pension you will be classed as a Mixed Age Couple ( MAC )
There are many instances of MACs being allowed to remain on ESA ( Income Based ) and Housing Benefit.
It is a complicated issue and the exact details of your current Benefit claims need investigating.
I think it's important not to be rushed into claiming UC as the DWP have designed it so that the very day you claim UC all your previous Benefits (known as Legacy ) are stopped permanently and cannot be reclaimed.

I would find the email of your Housing Benefit department and write the following:
" I have been told by a Benefits Adviser that according to Housing Benefit Circular A11/2020 some mixed age couples in receipt of the Severe Disability Premium may remain in receipt of Housing Benefit and need not claim UC. Guidance issued via circular A11/2020, which provided guidance about the closure of the SDP gateway, stated at paragraph 9 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. This advice remains in force following the changes that were made by the 2022 regulations."

Let me know how you get on,
David

Hi Lynz,

I used to do Citizens Advice web chat and it is generalist advice and is not supposed to be in depth on Benefits.

"So just so I know I've got it right, are you saying for me to contact via email the HB using the email you kindly gave me in your last reply and just leave ESA as it is until they get back to me and say I need to apply for UC ?" Yes we need to get HB's reply regarding the complicated matter of the SDP Gateway. ( Severe Disability Premium ) You can also send them this link which is the notification of the SDP Gateway that they would have originally received (see Paragraph 8 )

www.gov.uk/government/publications/housi...20their%20UC%20claim.

"Am I right in thinking the amount my husband gets for his pension ESA will reduce our payments automatically, or do I just contact them with the change of circumstances- to tel them about my husbands pension? that will be the only change because we have no private pensions?"
When you and your husband signed the declaration on the ESA form you agree to inform them of any change of circumstances.
But you can wait until the end of October if you the pension starts in November. As you are receiving means tested Benefits their will be a lot of new calculations that HB/ESA will have to do. But I would not worry about that now. The main thing is to get the HB reply.

David