Problem with Pension Credit?

Q . Last week you gave advice about Pension Credit and/or Housing Benefit claims for mixed age couples where one partner was of pensionable age and the other was below the age with advice to always claim the benefit which provides the better financial outcome and that this should be done before changes to the benefits which in this case is May 15, 2019.

I was advised by the Department for Work and Pensions (DWP) that as my partner was below pension age we should claim Universal Credit, which we did, but as the applicable amounts on Universal Credit are lower and my partner still works part-time, we did not qualify for Universal Credit but would have qualified for Pension Credit.

Can anything be done in this situation?

A . If you have had a benefit check and have been advised you do qualify for Pension Credit then you should withdraw the Universal Credit claim straight away and make your claim for Pension Credit as normal, remember you can request the benefit be backdated for up to three months so request this as well. With your claim for Pension Credit accepted then you will also be entitled to claim (if applicable) Housing Benefit and this will be paid at the maximum applicable amount based on your rental needs (as well as maximum council tax reduction).

You may also be in a situation where you may not qualify for Pension Credit but would still get some help for your rental costs, but your local council may be insisting you cannot claim Housing Benefit anymore and you are redirected to reclaim Universal Credit again, or you attempt to claim Housing Benefit but are refused for the same reason.

If this happens again withdraw any Universal Credit claim, submit an ap- peal to the council for the Housing Benefit claim on the basis you are still within a category of persons entitled to claim the benefit.

We would also recommend as well as appealing that as a separate matter you write and notify the council that you will seek redress via the Local Authority Ombudsman For Maladministration.

Address this letter to the Local Authority Monitoring Office setting out your complaint and that if the matter is not resolved within 28 days that you will pursue this further via the Ombudsman. This will often speed things up.

Remember to take any action before May 5 this year as any claims after this date will be dealt with under Universal Credit rules, which are less favourable to mixed aged couples.