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Thread: State pension and universal credit

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    State pension and universal credit

    Can anyone advise me . My husband was 65 in March but can't claim his state pension until the beginning of September,he rang the pension service today as he thought you had to put a claim 4 months before its due and was told to ring back 2 months before its due ,they then gave him a number to ring to apply for pension credit ,he rang the number and the lady told him he won't be entitled to pension credit but that I will have to make the claim for universal credit as I am the younger person so he won't be entitled to his state pension. He did argue this point that he's entitled to his state pension as he worked all his life up until a few years ago when he had to give up work due to ill health. Can anyone advise me .

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    Senior Member nukecad's Avatar
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    This is the new law on Mixed Age Couples (MAC's) that was brought in recently.

    It used to be that the older partner was the one who counted when it came to claiming benefits, but this new law changed it so that it's the younger partner who now counts.

    This means that unfortunately what you have been told is 'generally' (see below) correct and he can't claim PC, you have to claim UC instead.
    He will be entited to his state pension once he reaches pension age, it only Pension Credit that is affected.

    I say 'generally' above because there is something of a loophole regarding backdating a claim for PC if it is made before next September.
    I've not realy paid much attention to it and so I'll have to look up the details, and latest thinking, on this loophole, but it's possible that he may still qualify.

    I'll come back with what I find.
    Last edited by nukecad; 08-05-19 at 15:06.
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    Senior Member nukecad's Avatar
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    I was remembering the date wrongly, it's August not September.

    He had to be eligible for Pension Credit before 14th May 2019.
    If he was then he can claim PC backdated to before that.
    He has to make this backdated claim before 13th August 2019.

    From the published guidance on Claiming Pension Credit: https://www.gov.uk/pension-credit/eligibility
    (My highlighting in red).
    Changes to Pension Credit eligibility from 15 May 2019

    From 15 May 2019, if you’re in a couple you’ll only be eligible to start getting pension credit if either:

    • you and your partner have both reached Pension Credit qualifying age
    • one of you has reached Pension Credit qualifying age and is claiming Housing Benefit (for you as a couple)

    If you’re not already getting Pension Credit on 14 May 2019, you can backdate your claim. You could still be eligible to get Pension Credit.

    You can ask for your claim to be backdated to 14 May or before. You’ll need to apply by 13 August 2019 to do this.

    You can apply for Universal Credit instead if you’re still not eligible.
    So you need to work out/find out if he was eligible to claim PC before the 14th May 2019, if he was then he can still make a backdated claim for it.

    This pension date calculator will tell you the date when he was eligible to claim PC, if it's before 14 May then he's good to make a backdated claim.
    https://www.gov.uk/state-pension-age

    You may want to get a local benefits advisor to help you with this, you can find local advisors by putting your postcode into this page:
    https://advicelocal.uk/find-an-adviser
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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    Quote Originally Posted by nukecad View Post
    This is the new law on Mixed Age Couples (MAC's) that was brought in recently.

    It used to be that the older partner was the one who counted when it came to claiming benefits, but this new law changed it so that it's the younger partner who now counts.

    This means that unfortunately what you have been told is 'generally' (see below) correct and he can't claim PC, you have to claim UC instead.
    He will be entited to his state pension once he reaches pension age, it only Pension Credit that is affected.

    I say 'generally' above because there is something of a loophole regarding backdating a claim for PC if it is made before next September.
    I've not realy paid much attention to it and so I'll have to look up the details, and latest thinking, on this loophole, but it's possible that he may still qualify.

    I'll come back with what I find.
    Thank you so much for clearing that up ,as the lady on the phone just kept saying that he won't claim his state pension and that I would have to make a claim for universal credit .
    I went on the phone myself as I thought my husband was getting it wrong but she said the same to me 'so I said he'll just claim his pension and not to bother about me ,she actually said i'll have to see if he can do that and went and asked someone and came back and said yes he can so now unsure what to do about myself .

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    Thank you so much .Just checked ,he can make a claim for pension credit from 6th September ,so it looks like i'll have to claim UC for myself while waiting for my pension .

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    Senior Member nukecad's Avatar
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    Shame, many seem to be losing out by this change of the law (as usual).

    TBH though it's not that particular change that has caught you out here.
    It's the ongoing change in the date at which you qualify for your state pension, this is no longer 65 for men and 60 for women but is increasing for everyone.
    Eventually it will be 67 for both men and women. (Unless they raise it even further).

    You don't have to claim UC, just as you don't have to claim any benefit if you don't want to.
    I'd get face to face advice about if it would be worth it in your circumstances.

    If you are working, or if you have savings/capital (above £6K) them it may not be.
    Last edited by nukecad; 09-05-19 at 15:02.
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    Migration from ESA to Universal Credit- Click here for information.

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    Senior Member gus607's Avatar
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    I receive my state pension & my 64 year old wife doesn't claim anything. Your husband's SP is safe.
    Call me Mike.

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    Thumbs up

    Quote Originally Posted by gus607 View Post
    I receive my state pension & my 64 year old wife doesn't claim anything. Your husband's SP is safe.
    Thank you all for taking the time to advise me .What a great forum this is.

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    Question

    Quote Originally Posted by dottysand View Post
    Can anyone advise me . My husband was 65 in March but can't claim his state pension until the beginning of September,he rang the pension service today as he thought you had to put a claim 4 months before its due and was told to ring back 2 months before its due ,they then gave him a number to ring to apply for pension credit ,he rang the number and the lady told him he won't be entitled to pension credit but that I will have to make the claim for universal credit as I am the younger person so he won't be entitled to his state pension. He did argue this point that he's entitled to his state pension as he worked all his life up until a few years ago when he had to give up work due to ill health. Can anyone advise me .

    I've just come across this blog so you may have the answer you are seeking, if not.

    I'm so sorry to tell you that I was 65 in February 2019 and my pension started July but I don't qualify for pension credit as this is after the 15 May 2019. If you were a pensioner before this date you are ok but not after. If when he reaches pension age and you have enough funds you don't have to use UC, but this doesn't mean you will receive housing benefit.
    So sorry, I've been through the hoops.
    God bless
    Ps Don't believe what I tell you or anyone else, find out for yourself, even the CAB are confused.
    Last edited by annuns; 09-08-19 at 13:09.

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