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3 weeks 6 days ago #295847 by Lynz
Absolutely confused now 🙃 was created by Lynz
Hi
When I was last online I think it was Dave who answered my query and kindly gave me template of what to say to HB. I wrote to them and today I've received a letter which starts with the heading
Notice Housing Benefit Termination - Mixed Age Couple
My records indicate that you reach state pension age on 24/11/24
At this point you status changes from being a working age couples to becoming a mixed age couple. A mixed age couple is a couple where the older member of the couple has reached state pension age, but the younger member has not.
Under new regulations that came into force in May 2019, it means that from 24/11/24 we can no longer pay Housing Benefit and your Housing Benefit will terminate.
If you want to claim help towards the rent for your home from 24/11/24 your partner must make a claim for Universal Credit.
If you apply for UC before 23/11/24 we may be able to pay Housing Benefit for a further 2 weeks from the date you apply for UC effectively meaning that you can receive help with your rent through HB and UC at the same time for up to 2 weeks, depending on when you apply for UC.
Applications for UC can be made online at www.gov.uk/apply-universal-credit
You must tell the Benefit section straight away if anything changes. If you are not sure if it affects your Benefit then tell the benefitssection anyway. To prevent losing Benefit you must tell us about in circumstances within one calendar month of the date of the change.
That's the content of the letter and my worries are about losing the additional payments we both currently receive for being severely disabled and both in the support group. Currently we receive:
Living expenses for myself and my partner
Extra money because we are both severely disabled
Extra money because of the Disability Income Guarantee
Limited capability for work addition
Extra money because we are in the support group
Will we lose all thse benefits or can I claim them thru UC ? My husband was the lead on the claim and ut is him that will be receiving pension, I am so confused with it all and worried about the money we may lose any help would be much appreciated. Finally when should I do the claimfor UC??
When I was last online I think it was Dave who answered my query and kindly gave me template of what to say to HB. I wrote to them and today I've received a letter which starts with the heading
Notice Housing Benefit Termination - Mixed Age Couple
My records indicate that you reach state pension age on 24/11/24
At this point you status changes from being a working age couples to becoming a mixed age couple. A mixed age couple is a couple where the older member of the couple has reached state pension age, but the younger member has not.
Under new regulations that came into force in May 2019, it means that from 24/11/24 we can no longer pay Housing Benefit and your Housing Benefit will terminate.
If you want to claim help towards the rent for your home from 24/11/24 your partner must make a claim for Universal Credit.
If you apply for UC before 23/11/24 we may be able to pay Housing Benefit for a further 2 weeks from the date you apply for UC effectively meaning that you can receive help with your rent through HB and UC at the same time for up to 2 weeks, depending on when you apply for UC.
Applications for UC can be made online at www.gov.uk/apply-universal-credit
You must tell the Benefit section straight away if anything changes. If you are not sure if it affects your Benefit then tell the benefitssection anyway. To prevent losing Benefit you must tell us about in circumstances within one calendar month of the date of the change.
That's the content of the letter and my worries are about losing the additional payments we both currently receive for being severely disabled and both in the support group. Currently we receive:
Living expenses for myself and my partner
Extra money because we are both severely disabled
Extra money because of the Disability Income Guarantee
Limited capability for work addition
Extra money because we are in the support group
Will we lose all thse benefits or can I claim them thru UC ? My husband was the lead on the claim and ut is him that will be receiving pension, I am so confused with it all and worried about the money we may lose any help would be much appreciated. Finally when should I do the claimfor UC??
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3 weeks 6 days ago #295854 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Absolutely confused now 🙃
Hi Lynz,
Housing Benefit have made a mistake and now they are playing awkward unfortunately. Who runs your Housing Benefit department? I would ask for the name of a manager to whom you could email a complaint.
They say " under new regulations that came into force in May 2019" . That is why they are wrong as the regulations were changed in July 2019 for Mixed Aged Couples . Here is the change----
"The exceptions
11. SI 2019/935 adds 2 new exceptions to the mixed age couples policy for claimants who have a severe disability premium (SDP) in their benefit award and an exception for certain mixed age couples which will allow the older member to claim HB as a single person.
Severe disability premium
12. Circular HB A1/2019 gives details of the HB gateway for claimants who have a SDP in their HB award.
13. Working age HB claimants who become a mixed age couple are not required to claim UC if their HB award includes an SDP (where they are on HB only) or they are receiving HB and IS, JSA(IB)) or ESA(IR) which include a SDP. However, they also cannot have their HB entitlement reassessed under the pension age HB regulations. Instead they will remain on their existing benefit. A new article, Article 8(2)(b), is inserted into SI 2019/37 which allows for the older member of a mixed age couple to be treated as not having attained State Pension age and they will remain on working age HB until the award terminates. This means that they will continue to be subject to the removal of the spare room subsidy (RSRS), where this is applicable."
and here is the link to the instructions that they should be reading www.gov.uk/government/publications/housi...les-further-guidance
You can print out my statement if you wish or cut and paste it into an email. You really need a named person to take ownership of this mistake or if they are anonymous everyone will deny responsibility as they do.
David
Housing Benefit have made a mistake and now they are playing awkward unfortunately. Who runs your Housing Benefit department? I would ask for the name of a manager to whom you could email a complaint.
They say " under new regulations that came into force in May 2019" . That is why they are wrong as the regulations were changed in July 2019 for Mixed Aged Couples . Here is the change----
"The exceptions
11. SI 2019/935 adds 2 new exceptions to the mixed age couples policy for claimants who have a severe disability premium (SDP) in their benefit award and an exception for certain mixed age couples which will allow the older member to claim HB as a single person.
Severe disability premium
12. Circular HB A1/2019 gives details of the HB gateway for claimants who have a SDP in their HB award.
13. Working age HB claimants who become a mixed age couple are not required to claim UC if their HB award includes an SDP (where they are on HB only) or they are receiving HB and IS, JSA(IB)) or ESA(IR) which include a SDP. However, they also cannot have their HB entitlement reassessed under the pension age HB regulations. Instead they will remain on their existing benefit. A new article, Article 8(2)(b), is inserted into SI 2019/37 which allows for the older member of a mixed age couple to be treated as not having attained State Pension age and they will remain on working age HB until the award terminates. This means that they will continue to be subject to the removal of the spare room subsidy (RSRS), where this is applicable."
and here is the link to the instructions that they should be reading www.gov.uk/government/publications/housi...les-further-guidance
You can print out my statement if you wish or cut and paste it into an email. You really need a named person to take ownership of this mistake or if they are anonymous everyone will deny responsibility as they do.
David
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- Lynz
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3 weeks 4 days ago #295906 by Lynz
Replied by Lynz on topic Absolutely confused now 🙃
Hi David
I have drafted a letter to include the statement you gave to me and I will call Sefton Housing Benefit office in the morning and ask for the name of a manager to send it to, so that I have a contact name as you advised.
If possible I will get an email address to send it to or if not I will post it recorded delivery.
I will contact you again as soon as I get an update from them.
Lynz
I have drafted a letter to include the statement you gave to me and I will call Sefton Housing Benefit office in the morning and ask for the name of a manager to send it to, so that I have a contact name as you advised.
If possible I will get an email address to send it to or if not I will post it recorded delivery.
I will contact you again as soon as I get an update from them.
Lynz
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3 weeks 4 days ago #295907 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Absolutely confused now 🙃
Hi Lynz,
I expect this issue will affect other people approaching pension age so I hope there is a speedy resolution.
David
I expect this issue will affect other people approaching pension age so I hope there is a speedy resolution.
David
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3 weeks 1 day ago #296040 by Lynz
Replied by Lynz on topic Speedy reply indeed
Hi David
This has to be the quickest response I have ever had from either DWP or HB, so I think you're letter did the trick. So the response I willwrite below has left me still confused as to what I will or will not receive all I know for sure is I must inform them of a change in circumstances which I knew already.
The reply was in two parts the first was in the email the se and in a letter attached
Part 1 :
Thank you for your email, please see attached letter.
You must tell the benefit section straight away if anything changes. If you are not sure if it affects your benefit, then tell the benefit section anyway. To prevent losing benefit you must tell us about your change in circumstances within one calendar month of the date of the change.
If you need any further assistance please do not hesitate to contact this department, you can send a response to this email or call us on ***********
Yours sincerely
Benefits Department ( still no name even though I asked in my last email)
The attached letter :
About your claim for HB
Unfortunately you will no longer be entitled to HB once Mr reaches pension age.
Following the introduction in 2019 HB & PC mixed age couples regulations stipulate that where a claim would move from being governed by the working age regulations to the pension age regulations HB must be terminated.
The HB regs contained a saving provision for mixed age couples between January 2019 to January 2021 and this included those who were entitled to SDP.
However, the SDP savings provision was removed at the same time as the SDP gateway regulations came to an end.
The fact that Mr has reached pension age is a change in your circumstances which means you would have to now claim UC.
You are under no obligation to make a claim for UC but your house benefit will end the week Mr becomes a pensioner.
Hoping this now clarifies the situation for you.
You must tell the benefits section straightaway if anything changes. If you are not sure if it affects your benefit then tell the benefit section anyway. To prevent losing benefit you must tell us about your change in circumstances within one calendar month of the date of the change.
If you need any further help with this letter, lease contact the office on the number shown above.
Yours sincerely
Benefits Department-( still no name)
I still don't know if we will lose all we get now ??
This has to be the quickest response I have ever had from either DWP or HB, so I think you're letter did the trick. So the response I willwrite below has left me still confused as to what I will or will not receive all I know for sure is I must inform them of a change in circumstances which I knew already.
The reply was in two parts the first was in the email the se and in a letter attached
Part 1 :
Thank you for your email, please see attached letter.
You must tell the benefit section straight away if anything changes. If you are not sure if it affects your benefit, then tell the benefit section anyway. To prevent losing benefit you must tell us about your change in circumstances within one calendar month of the date of the change.
If you need any further assistance please do not hesitate to contact this department, you can send a response to this email or call us on ***********
Yours sincerely
Benefits Department ( still no name even though I asked in my last email)
The attached letter :
About your claim for HB
Unfortunately you will no longer be entitled to HB once Mr reaches pension age.
Following the introduction in 2019 HB & PC mixed age couples regulations stipulate that where a claim would move from being governed by the working age regulations to the pension age regulations HB must be terminated.
The HB regs contained a saving provision for mixed age couples between January 2019 to January 2021 and this included those who were entitled to SDP.
However, the SDP savings provision was removed at the same time as the SDP gateway regulations came to an end.
The fact that Mr has reached pension age is a change in your circumstances which means you would have to now claim UC.
You are under no obligation to make a claim for UC but your house benefit will end the week Mr becomes a pensioner.
Hoping this now clarifies the situation for you.
You must tell the benefits section straightaway if anything changes. If you are not sure if it affects your benefit then tell the benefit section anyway. To prevent losing benefit you must tell us about your change in circumstances within one calendar month of the date of the change.
If you need any further help with this letter, lease contact the office on the number shown above.
Yours sincerely
Benefits Department-( still no name)
I still don't know if we will lose all we get now ??
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3 weeks 1 day ago #296044 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Speedy reply indeed
Hi Lynz,
Glad we are making some progress on this issue though not in the right direction.
The important section of their statement is this ....".However, the SDP savings provision was removed at the same time as the SDP gateway regulations came to an end"
I am going to discuss this with colleagues as if they are right about this interpretation of the HB amendments then you will need to claim UC when your husband reaches State Pension Age.
I will let you know as soon as I have an answer.
David
Glad we are making some progress on this issue though not in the right direction.
The important section of their statement is this ....".However, the SDP savings provision was removed at the same time as the SDP gateway regulations came to an end"
I am going to discuss this with colleagues as if they are right about this interpretation of the HB amendments then you will need to claim UC when your husband reaches State Pension Age.
I will let you know as soon as I have an answer.
David
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