Moving Home

'Protected' Mixed Age Couple - Moving Home

What happens to a 'protected' Mixed Age Couple's benefits when they move home, will depend on whether they are moving within the LA area or to a new LA Area and whether they are getting Pension Credit, or just Housing Benefit.

On Pension Credit?

If a ‘protected’ Mixed Age Couple are receiving Pension Credit, then they older member will be able to make a new claim for Housing Benefit – it does not matter whether they are moving to a new Local Authority area or if there is a gap in tenancies.

(Reg 6A of the UC Transitional Provisions Regulations 2014).

Moving within LA area not on Pension Credit

Where a 'protected' Mixed Age Couple are already getting Housing Benefit and they move within the same Local Authority with no break between the tenancies, then they can take that Housing Benefit with them as the move within the LA is just a change in their circumstances and does not bring their HB award to an end. They should not be told that they have to claim Universal Credit – see the David and Lai example below.

Moving to a different LA area not on Pension Credit

Where a 'protected' Mixed Age Couple are already getting Housing Benefit (under the State Pension age Regulations) but not Pension Credit, and move to a new Local Authority, then as long as, on the day that they make their new HB claim they are entitled to Housing Benefit (under the State Pension age Regulations) for their old address then the older member of the couple will be able to make a new claim for Housing Benefit (under the State Pension age Regulations).

(Reg 6A of the UC Transitional Provisions Regulations 2014).

But, if they are not receiving Pension Credit, the timing of the new HB claim is important because rules for 'protected' Mixed Age Couples only work if the new claim is made on a day when they are receiving either HB (under the State Pension age Regulations) or Pension Credit.

There are two possibilities for this:

1. Overlapping tenancies

2. Making an advance claim for HB

1. Overlapping tenancies

If a 'protected' Mixed Age Couple move into their new address and make their new HB claim whilst their old HB award on their previous property is still running and they are entitled to it, that new claim should be accepted and processed by the HB Office.

The HB on the old address (in a different LA area) runs to the end of the benefit week in which the couple move. It could also run for longer to cover up to 4 weeks of the notice period if there was an overlapping liability and the HB Office has accepted that the overlap was unavoidable, and the couple are moving to more suitable accommodation.

So, as long as the couple make their new HB claim as soon as they move into their new home and their old HB award is still running on that date, their new claim should be accepted as they are a 'protected' Mixed Age Couple.

See the Tamara and Ben example below.

Standard letter HB MAC4.

2. Making an advance claim for HB

Where a Mixed Age Couple will not move into their new address whilst still entitled at their old address (or where they do not want to wait until they have moved before making their claim), they may be able to make an ‘advanced claim’. Housing Benefit (under the State Pension age Regulations) can be claimed up to 17 weeks in advance. (Reg 64(11)).

To make a successful claim for HB, they need to be entitled to HB at their old address on the day they make their claim for their new address. If that claim is made successfully, it does not matter if they are no longer entitled to HB at their old address at the day they become entitled at their new address. So making an ‘advance claim’ can help some ‘protected’ Mixed Age Couples make a new claim for Housing Benefit (under the State Pension age Regulations) where they would not be able to make a normal claim.

But to be classed as an 'advance claim', it will need to be made more than one week before the week in which the claimant's new HB award would start. The Regulations say that if the claimant will not become entitled to HB in the benefit week after it has been submitted – it is an advance claim. But if they will become entitled in the following week, then that claim can be processed straight away, so is not an advance claim.

See Paul and Tim example below.

See standard letter MAC3

Note that the new HB Office might refuse to accept the advance HB claim and the claimant might need to go all the way to appeal.

If the overlapping tenancies option does not work either, (and particularly if they would not be entitled to any Universal Credit), it is certainly worth appealing.

See standard letter MAC3a

What if there is a gap between the tenancies?

If there is a gap between the old tenancy ending and the new one starting, the advance claim can still be made – because the rules for 'protected' Mixed Age Couples work if they are receiving HB (under the State Pension age Regulations) on the day they make their new HB claim. Once that claim is made and accepted it is decided without the need for the MAC to still be a protected couple on the day their HB entitlement actually starts. So, they can still be awarded HB if they have made an advance claim.

So, as soon as they are offered their new tenancy, and whilst they are still living in and getting HB (under the State Pension age Regulations) for their old tenancy, and more than one week before they would be eligible for HB at their new address, the pension age member of a 'protected' Mixed Age Couple can make an advance claim with the new LA HB Office.

(Note though, that if, in the future, they move home again to a different LA area, or their income drops and so they would look to claim Pension Credit, the gap in HB entitlement would mean they would no longer be a protected Mixed Age Couple - as they have not been continuously entitled to HB since May 2019. So they would not be able to make another new HB claim / or make a new claim for Pension Credit.

See the Neha and Mo example below.

What if they fail to make an advance claim for HB?

If there is no ‘overlapping liability’ then they will neither be on Pension Credit nor Housing Benefit (under the State Pension age Regulations) on the day they need to make a claim for help with their rent, and so will have to consider claiming Universal Credit to help them pay it instead.

Example:

David (age 72) and Lai (age 63) are moving home. David’s pension is too high for them to get any Pension Credit, but they do get a small amount of Housing Benefit.

They are moving to a ground floor flat in the same Local Authority area. There is no gap between the tenancies.

They can report this change to the Housing Benefit Office and continue to get Housing Benefit at their new address. This is just a change of circumstances – their existing HB award can continue for their new address, there is no need for a new HB claim. They do not need to claim Universal Credit.

Example:

Tamara (age 79) and Ben (age 64) are moving home. Tamara’s pension is too high for them to get any Pension Credit, but they do get a small amount of Housing Benefit. They are a protected Mixed Age Couple because they have been continuously on HB under the State Pension age Regulations since 14th May 2019.

They are moving into a different Local Authority area.

Tamara can make an advance claim for HB before they move.

They can also (in case the advance claim is not accepted) make sure that they move during the the notice period required by their old landlord. (There is then an overlapping period where they are responsible for paying rent on their old address and rent on their new address.)

As long as they move into the new property and remain liable for rent on the old property, and the old HB Office agree to award Housing Benefit for that notice period - due to the unavoidable overlapping liability - then Tamara will be able to make a new claim for HB at their new address whilst they are still getting HB for their old one.

Example:

Paul (age 74) and Tim (age 64) are moving home. Tim is working and, together with Paul’s pension, their income is too high for them to get any Pension Credit but they do get a small amount of Housing Benefit. They are a protected Mixed Age Couple because they have been continuously on HB under the State Pension age Regulations since 14th May 2019.

They are moving to a different Local Authority area to be closer to Tim’s work. The tenancy on their old flat ends on Sunday 22nd September, and the tenancy on their new flat starts on Monday 23rd September. The HB on their old flat ends on 22nd September ie when their liability ends.

Paul should make an advance claim for HB for them both - by Sunday 15th Sept (if claiming online) or by the Friday 13th (if making a claim at the HB Office) at the very latest.

If he waits until Monday 16th September, or later, to make his new HB claim, it will be too late. An advance claim has to be made more than one week before HB entitlement would start to be an advance claim. They would not be able to make a 'normal' HB claim because it would be treated as made on Monday 23rd September. Their protection would have ended, because their HB for their old tenancy would have ended on the Sunday 22nd. Their only option if they need help paying their rent would be Universal Credit – but because UC is less generous, they may find they are not entitled. The move therefore may have made them worse off.

Example:

Neha (age 71) and Mo (age 64) are moving home. Neha’s pension is too high for them to get any Pension Credit, but they do get a small amount of Housing Benefit. They are a protected Mixed Age Couple because they have been continuously on HB under the State Pension age Regulations since 14th May 2019.

They are moving into a different Local Authority area to be closer to their daughter.

The tenancy on their old property is ending on 18th August. But the tenancy on the new property does not begin until 26th August – so they plan to move in with their daughter just for that week.

If Neha makes a new HB claim in advance for them both – whilst they are still in their old tenancy and getting HB there – they will have made their claim while they were a protected Mixed Age Couple and, once they have moved into their new tenancy, they should be able to get HB.

(Even though they are protected this time – if they make an advance claim for HB whilst they are still getting HB for their old tenancy – there will be a gap of 1 week when they are on neither HB nor PC. This means that they are no longer a protected Mixed Age Couple and if there is another change in the future, they will not be able to make any further new claims for HB or Pension Credit until Mo turns State Pension age).

If they do not make an advance claim for HB, they will have missed their opportunity, because after their old tenancy ends, they will not be getting Pension Credit or Housing Benefit (under the State Pension age Regulations) and so will no longer be a protected Mixed Age Couple.

Their only option if they need help paying their rent would be Universal Credit – but because UC is less generous, they may find they are not entitled. The move therefore may have made them worse off.

Protection based on an existing award of HB (under the State Pension age Regulations) – does it matter who is the main HB claimant?

We don’t think so!

Regulation 6A of the UC Transitional Provisions Regulations (which was added from 25th July 2022) says that the older member of a ‘protected’ Mixed Age Couple can make a new claim for HB, as long as the couple are currently entitled to HB under the State Pension age Regulations (or Pension Credit).

The Regulations do not require that the older member is the main HB claimant on their existing HB award that gives them their protection. The guidance does not mention this either!

(Note that for Mixed Age Couples whose protection is based on an award of Pension Credit – the older member would always be the main claimant of PC – as it can only be claimed by someone who is State Pension age.)

Ooops – not logged in?

Looks like you need to log in.

(If you’ve forgotten your login please email us at advice@ucnotes.co.uk)

Just visiting?

If you’d like to see the information on this page, and discover all the other useful tools we offer, you’ll need to be registered member.

If you’d like a free, no obligation 2 week trial just email us - advice@ucnotes.co.uk.

Find out more about the trial and services we offer here.

We’d love to hear from you.

Contact

01756 796394
Subscriber email queries: advice@ucnotes.co.uk
General enquiries: info@ucnotes.co.uk
Training enquiries: training@ucnotes.co.uk
Housing Systems, Archway Court, Broughton Hall, Broughton, Skipton BD23 3AE

Useful Links