The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019

Explanatory Note

(This note is not part of the Order)

This Order brings into force paragraph 64 of Schedule 2 to the Welfare Reform Act 2012 (c. 5), which amends the State Pension Credit Act 2002 (c. 16) by inserting section 4(1A), which excludes mixed-age couples from entitlement to state pension credit. (For the definition of “mixed-age couple” see article 2(2)(a).) Section 4(1A) comes into force on 15th May 2019 (“the appointed day”, see article 3), except in the savings cases in article 4.

Under article 4(1), if a member of a mixed-age couple has entitlement to state pension credit or housing benefit for those of state pension credit qualifying age on the day before the appointed day, entitlement as part of that couple may continue after the appointed day. For the definition of entitlement, and entitlement as part of a couple, see article 2(4).

Under article 4(2), the savings continue to apply until such time as there is neither entitlement as part of the couple to state pension credit, nor housing benefit for those of state pension credit qualifying age. Provided that there is continuity of entitlement to either benefit, the savings continue. So entitlement to state pension credit, provided as part of the same couple, may arise (or arise again) after the appointed day, so long as there is entitlement on the part of the couple to housing benefit for those of state pension credit qualifying age and there was such entitlement, or entitlement to state pension credit, on the day before the appointed day. Mixed-age couples who do not, or no longer, fall within the savings cases and require income-related benefit may claim universal credit instead.

Articles 5 and 6 make complementary provision to section 4(1A) and the savings in article 4 in respect of claims to, and awards of, housing benefit for those of state pension credit qualifying age.

Article 5 amends the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/33 (C. 4)) and the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/634 (C. 32)) to add to the provisions of those Orders that prevent claims to housing benefit by a member of a mixed-age couple of state pension credit qualifying age. Claims are prevented in the same cases as that member is excluded from entitlement to state pension credit, allowing for the savings cases in article 4(1) whilst they continue under article 4(2).

Article 6 provides for termination of awards of housing benefit made to a person who has become a member of a mixed-age couple, awards made to a mixed-age couple where the award becomes subject to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), and advance awards made to a member of a mixed-age couple before the making of this Order. Awards must terminate where entitlement to housing benefit for those of state pension credit qualifying age, as part of a mixed-age couple, would otherwise have begun on or after the appointed day.

Where a party to a polygamous marriage is excluded from state pension credit under section 4(1A) – for the extension of the definition in this Order of “mixed-age couple” to certain polygamous marriages, see article 2(2)(b) – and may not become or remain entitled to housing benefit for those of state pension credit qualifying age, further to article 5 or 6 respectively, article 7(2) provides that the parties to the marriage are to be treated as a couple or as a single person (or persons) as under the Universal Credit Regulations 2013 (S.I. 2013/376). Where each of the parties treated as a couple, or a party treated as single, has attained the qualifying age for state pension credit, article 7(3) provides that they be treated in that capacity for claims to or awards of state pension credit and housing benefit for those of state pension credit qualifying age.