New State Pension and Housing Benefit and Council Tax Rebate Entitlement

poppy123456

corvid3853 said:

You must be receiving Disability Premium in order to get Severe Disability Premium for Housing Benefit..

See link below please.

https://www.homecare.co.uk/advice/how-to-claim-disability-premiums-severe-and-enhanced

There's so many things in that link that are incorrect.

calcotti

poppy123456 said:

corvid3853 said:

You must be receiving Disability Premium in order to get Severe Disability Premium for Housing Benefit..

See link below please.

https://www.homecare.co.uk/advice/how-to-claim-disability-premiums-severe-and-enhanced

There's so many things in that link that are incorrect. 

Quite alarming! But is derived from https://www.gov.uk/disability-premiums/eligibility which is wrong.

poppy123456

calcotti said:

poppy123456 said:

corvid3853 said:

You must be receiving Disability Premium in order to get Severe Disability Premium for Housing Benefit..

See link below please.

https://www.homecare.co.uk/advice/how-to-claim-disability-premiums-severe-and-enhanced

There's so many things in that link that are incorrect. 

Quite alarming! But is derived from https://www.gov.uk/disability-premiums/eligibility which is wrong.

I never noticed before just how bad that gov.uk website is. It mentions the disability premium and you must be under pension credit age. ( which is state pension age) Then it goes onto list the benefits you must be claiming and AA is one of them, yet you can only claim AA if over state pension age. Hmm, makes a lot of sense..

Natureico

It certainly does not help when claimants are seeing conflicting versions of things on different sites.

Two things still emerge to my mind on this thread and remain to be opined on.

1. Is there a credible case for Age Discrimination for pensioners being disbarred from claiming Disability Premium under The Housing Benefit Regulations 2006 Act ?

I believe there is, and that it could be legally challenged by Judicial Review.

2. Do Pension Claimants who are currently receiving the New State Pension with the younger partner receiving Guaranteed Pension Credit on full Housing Benefit Rebate, realise that when the younger partner
becomes of age to receive the New State Pension, they will lose both entitlement to Pension Credit and all its accrued benefits, and a significant chunk of their Housing and Council Tax Benefit Rebate ?

To some, I believe that will be a shock to their system.

calcotti

corvid3853 said:

It certainly does not help when claimants are seeing conflicting versions of things on different sites.

Agreed. When in doubt refer back to the legislation.

corvid3853 said:

.Is there a credible case for Age Discrimination for pensioners being disbarred from claiming Disability Premium under The Housing Benefit Regulations 2006 Act ?.

No. Pensioners get higher personal allowance on Housing Benefit anyway. I have said that more than once. Have you taken the time to look at the different personal allowances which are set out in the link I previously provided. How been there be discrimination against pensioners for getting more money.

corvid3853 said:.

Do Pension Claimants who are currently receiving the New State Pension with the younger partner receiving Guaranteed Pension Credit on full Housing Benefit Rebate, realise that when the younger partner becomes of age to receive the New State Pension, they will lose both entitlement to Pension Credit and all its accrued benefits, and a significant chunk of their Housing and Council Tax Benefit Rebate ?

No doubt most will not know because most do not understand the benefits system so are unlikely to realise they might lose PC - immediately on their circumstances,

Some will lose entitlement to PC and may be worse off as a result. You are right too to raise the loss of passported benefits via PC (but may be for eligible for dental help through NHS Low Income Scheme). Whether or not PC is lost will depend on how much pension each receives. Note too that people reaching pension age do not necessarily get £203.85.

(Of course for anybody reaching pension age after 14 May 2019 with a younger partner cannot claim PC anyway until their younger partner is also pension age.)

calcotti

Give a comparison:

Take a couple with rent of £150/week and Council of £1563.49/annum.

1) When getting PC income is 

SP plus PC = £306.85 plus HB 150 plus CTR 29.98 = £486.83/week

2) The younger partner need gets 203.85 with older partner has pension of £203.85

Joint pension = £407.70 plus £96.05 plus CTR £13.38 = £517.13/week

Pension Credit is been lost and the HB and CTR has reduced but the total income is increased by £30.30/week (£1,575.60/annum).

3) If the joint pension is £320 that is just enough to came of PC. They still get HB 150 plus CTR 29.98 = £499.98/week

This is a total increase in income of £13.15/week

Natureico

calcotti said:

corvid3853 said:

It certainly does not help when claimants are seeing conflicting versions of things on different sites.

Agreed. When in doubt refer back to the legislation.

corvid3853 said:

.Is there a credible case for Age Discrimination for pensioners being disbarred from claiming Disability Premium under The Housing Benefit Regulations 2006 Act ?.

No. Pensioners get higher personal allowance on Housing Benefit anyway. I have said that more than once. Have you taken the time to look at the different personal allowances which are set out in the link I previously provided. How been there be discrimination against pensioners for getting more money.

corvid3853 said:.

Do Pension Claimants who are currently receiving the New State Pension with the younger partner receiving Guaranteed Pension Credit on full Housing Benefit Rebate, realise that when the younger partner becomes of age to receive the New State Pension, they will lose both entitlement to Pension Credit and all its accrued benefits, and a significant chunk of their Housing and Council Tax Benefit Rebate ?

No doubt most will not know because most do not understand the benefits system so are unlikely to realise they might lose PC - immediately on their circumstances,

Some will lose entitlement to PC and may be worse off as a result. You are right too to raise the loss of passported benefits via PC (but may be for eligible for dental help through NHS Low Income Scheme). Whether or not PC is lost will depend on how much pension each receives. Note too that people reaching pension age do not necessarily get £203.85.

(Of course for anybody reaching pension age after 14 May 2019 with a younger partner cannot claim PC anyway until their younger partner is also pension age.)

Indeed I have looked at the different personal allowances which are set out in the link you previously provided. I think it is only right and fair that vulnerable pensioners, many of them disabled and who have worked hard all their lives and paid all their dues, should have higher personal allowances, but that is not the point in question as you defer, and answering a question by posing another straw man question ( How been there be discrimination against pensioners for getting more money ? ), is not really a genuine answer at all.

Natureico

calcotti said:

Give a comparison:

Take a couple with rent of £150/week and Council of £1563.49/annum.

1) When getting PC income is 

SP plus PC = £306.85 plus HB 150 plus CTR 29.98 = £486.83/week

2) The younger partner need gets 203.85 with older partner has pension of £203.85

Joint pension = £407.70 plus £96.05 plus CTR £13.38 = £517.13/week

Pension Credit is been lost and the HB and CTR has reduced but the total income is increased by £30.30/week (£1,575.60/annum).

3) If the joint pension is £320 that is just enough to came of PC. They still get HB 150 plus CTR 29.98 = £499.98/week

This is a total increase in income of £13.15/week

The general rule of thumb with benefits as you are probably aware, is that any surplus increase in income is clawed back by a comparable loss in HB and CTR, so there is no real monetary benefit to be had.

And of course money is not everything, precious peace of mind is lost by pensioners who are abruptly and unwititngly taken off Guaranteed Pension Credit and forced to pay a significant chunk of rent and increased council tax for the rest of their natural lives, with all the inconveniences and strain that must cause disabled pensioners, many with profound mental health conditions.

Natureico

calcotti said:

corvid3853 said:

 The full rate of the new State Pension was actually £175.20 per week (in 2019/20). That is what I was citing..

Whereas you referred to the pension before the rise in April 2023 which was the 2022/23 year.

corvid3853 said:

Specifically, I am talking about pensioner couples, where one was claiming the New State Pension previously set at £175.20 per week before the Triple Lock Rise in April 2023, and also claiming Pension Credit for their younger partner.

corvid3853 said:

Again it is not an assumption, I never make assumptions, I only deal in facts and figures.

I am referring to Housing Benefit Entitlement not Pension Credit.

There is no requirement to get Disability Premium in order to get SDP in HB.seethe Housing Manual volume

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236965/hbgm-bp3-assessment-of-needs.pdf

That is not correct.

You must be receiving Disability Premium in order to get Severe Disability Premium for Housing Benefit..

See link below please.

https://www.homecare.co.uk/advice/how-to-claim-disability-premiums-severe-and-enhanced

corvid3853 said:

The case I am referring to is the younger partner has now received the New State Pension of  £203.85, thereby ending entitlement to Pension Credit.

I can’t immediately see how they are worse off, although they may be worse off you given’t enough information to tell. I certainly cannot see any justification for your sweeping statement in your opening post that “ retired couples previously in receipt of Full Housing Benefit and Council Tax Rebate under Pension Credit, now both in receipt of the New State Pension are undoubtedly financially worse”.

Things see to keep shifting around in your posts and I’m giving up of this thread