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Mixed-Age Couple - can they stay on HB with SDP?
- Karolina
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3 days 1 hour ago #311564 by Karolina
Mixed-Age Couple - can they stay on HB with SDP? was created by Karolina
Hello, I was wondering whether you could advise me please.
My parents receive Housing Benefit with the SDP premium. They both also receive PIP, my father gets State Pension, and my mother CB ESA (now New Style ESA).
My father started claiming his State Pension in April last year and their council agreed then that they can stay on HB and don’t have to move to UC as they are in receipt of SDP.
In December 2025 my mother received a letter from the DWP stating that her Contributory ESA will change the name to New Style ESA, and that there isn’t anything that she needs to do.
Yesterday they received (what seems to be a rather generic) letter from their HB Office saying that ‘Moving to Universal Credit is part of a national process by the DWP to combine several legacy benefits into a single monthly payment. As your Partner has not yet reached state pension age for benefit purposes you must as a couple claim for UC.’ Further on, it asks if they received a Migration Notice (they haven’t) and if they haven’t, it tells them to contact the DWP regarding that.
From what I have read, I understand that everyone that needs to be moved to UC should be migrated by this year’s deadline, but I believed that my parents were not included in that. Can they keep claiming HB, without having to move to UC? I looked online but I haven’t found any information about changes to claiming HB with SDP. I'm a bit worried about contacting DWP and possibly triggering a claim when it might not be necessary (and they probably wouldn't be protected).
Thank you very much for all your help!
Karolina
My parents receive Housing Benefit with the SDP premium. They both also receive PIP, my father gets State Pension, and my mother CB ESA (now New Style ESA).
My father started claiming his State Pension in April last year and their council agreed then that they can stay on HB and don’t have to move to UC as they are in receipt of SDP.
In December 2025 my mother received a letter from the DWP stating that her Contributory ESA will change the name to New Style ESA, and that there isn’t anything that she needs to do.
Yesterday they received (what seems to be a rather generic) letter from their HB Office saying that ‘Moving to Universal Credit is part of a national process by the DWP to combine several legacy benefits into a single monthly payment. As your Partner has not yet reached state pension age for benefit purposes you must as a couple claim for UC.’ Further on, it asks if they received a Migration Notice (they haven’t) and if they haven’t, it tells them to contact the DWP regarding that.
From what I have read, I understand that everyone that needs to be moved to UC should be migrated by this year’s deadline, but I believed that my parents were not included in that. Can they keep claiming HB, without having to move to UC? I looked online but I haven’t found any information about changes to claiming HB with SDP. I'm a bit worried about contacting DWP and possibly triggering a claim when it might not be necessary (and they probably wouldn't be protected).
Thank you very much for all your help!
Karolina
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- David
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5 hours 32 minutes ago #311628 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Mixed-Age Couple - can they stay on HB with SDP?
Hi Karolina
My interpretation of the rules regarding Protected Mixed Aged Couples is that your parents don't come within this category and if they get a Migration Notice will have to claim UC. Here is a summary and some links if you wish to come to a conclusion yourself:-
Part 1: Protected Mixed Age Couples
Who is a ‘protected’ mixed age couple?
To be a 'protected' mixed age couple, the couple must:
• Have been a couple on 14th May 2019 and have been in the same couple ever since.
• Be currently getting either Pension Credit OR the older member1 of the couple is the main claimant of
Housing Benefit that is being assessed under the State Pension Credit (SPC) Regulations2
,
• Have been getting either Pension Credit or Housing Benefit (under the SPC Regulations) since 14th May
2019 as a mixed age couple, and
• Not had a period of time when they weren’t entitled to either benefit, ie no gaps when neither Pension
Credit nor Housing Benefit (under the SPC Regulations) was being paid.
This is because 'savings provisions' in the amending Regulations protect these couples from claiming UC while
they remain entitled to either benefit ( Housing Systems No.2 of 2022 )
You can find the details at Paragraph 4 of the Welfare Reform Act 2012
www.legislation.gov.uk/uksi/2019/37#:~:t...he%20appointed%20day.
data.parliament.uk/DepositedPapers/Files...ts-Guidance_V5.0.pdf
data.parliament.uk/DepositedPapers/Files...tionGuidance_V11.pdf
Let me know how you get on.
David
My interpretation of the rules regarding Protected Mixed Aged Couples is that your parents don't come within this category and if they get a Migration Notice will have to claim UC. Here is a summary and some links if you wish to come to a conclusion yourself:-
Part 1: Protected Mixed Age Couples
Who is a ‘protected’ mixed age couple?
To be a 'protected' mixed age couple, the couple must:
• Have been a couple on 14th May 2019 and have been in the same couple ever since.
• Be currently getting either Pension Credit OR the older member1 of the couple is the main claimant of
Housing Benefit that is being assessed under the State Pension Credit (SPC) Regulations2
,
• Have been getting either Pension Credit or Housing Benefit (under the SPC Regulations) since 14th May
2019 as a mixed age couple, and
• Not had a period of time when they weren’t entitled to either benefit, ie no gaps when neither Pension
Credit nor Housing Benefit (under the SPC Regulations) was being paid.
This is because 'savings provisions' in the amending Regulations protect these couples from claiming UC while
they remain entitled to either benefit ( Housing Systems No.2 of 2022 )
You can find the details at Paragraph 4 of the Welfare Reform Act 2012
www.legislation.gov.uk/uksi/2019/37#:~:t...he%20appointed%20day.
data.parliament.uk/DepositedPapers/Files...ts-Guidance_V5.0.pdf
data.parliament.uk/DepositedPapers/Files...tionGuidance_V11.pdf
Let me know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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