Housing Costs for Mixed Aged Couple – one with No Recourse to Public Funds

Hello

I have a client who is 71 who recently married a claimant under pension age with American citizenship.  She previously received state pension and housing benefit.  No pension credit although might have been able to have previously made a claim.  The council have suspended the housing benefit claim.  Husband has applied for an NI number….

Under mixed age rules, my understanding is that there is no provision as a single claimant for housing benefit in the same way that you can under UC if your partner is ineligible.  Also, that rules now state that HB claim should end when you become a member of a mixed age couple.

You can usually make a UC claim if your partner has no recourse to public funds and receive payment as a single claimant with joint means-testing.  However, client is 71 as a single claimant so could not qualify…

It appears she is in a cleft stick and can claim neither benefit…
http://dlvr.it/S4RNxD

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