Money Problem: Was DWP wrong on reader's state pension claim?

Our Money blog team helps a reader every week with their consumer issue or financial dispute.

This week, Sharon and David Tingey wrote to us...

My husband and I are a mixed-age couple, and just my husband is pension age. On 12 December, we applied for pension credit and received a phone call to say that, as we were a mixed-age couple with only one of state pension age, we would have to apply for universal credit.

Upon my own investigations on the government website and Citizens Advice, it is clear that as we have been in continuous receipt of pension age housing benefit since before 14 May 2019, we are classed as a protected mixed-age couple who are still able to claim pension credit. I called DWP and tried to explain this and was eventually cut off with no resolution.

Our Money live reporter Jess Sharp tackles this one...

Hi Sharon and David, thank you for getting in touch with this problem.

It's an interesting one and highlights how the benefits system can be quite confusing.

As a quick recap, pension credit is a means-tested benefit that gives people over state pension age on low incomes extra support.

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When you apply for pension credit, your income is calculated. If you have a partner, your incomes are added together.

It tops up your weekly income to a minimum of £227.10 if you're single and £346.60 if you have a partner.

These amounts are rising from 6 April to £238 and £363.25.

If your income is higher than this amount, you might still be eligible if you have a disability, you care for someone, you have housing costs or even if you have savings.

Getting pension credit also unlocks additional entitlements, including housing benefit, council tax reduction, cold weather payments, warm home discount and free TV licences for those aged 75 and over.

A key rule change

Since 2019, mixed-age couples, meaning one is of state pension age and the other isn't, have not been allowed to make a new claim for pension credit.

Instead, they must claim universal credit - another means-tested benefit for people who are on low incomes or unemployed, which gives you an amount based on your household income, savings and specific circumstances.

However, couples who were already receiving pension credit or pension-age housing benefit before the rules changed on 15 May 2019, and have done so continuously since then, have been granted a protected status exception.

This means they have kept the right to claim pension credit, and this was the case for Sharon and David.

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If people receiving pension credit or pension-age housing benefit before 15 May 2019 stop claiming for any reason, they will not be able to reclaim until both partners have reached state pension age.

I got in touch with the Department for Work and Pensions to ask them to take a look at their case and Sharon confirmed shortly after that the payments were now being processed.

A DWP spokesperson told me that the claim had been corrected and the couple were now receiving pension credit and were being paid all arrears.

"We apologise to Mr and Mrs Tingey for the error in handling their pension credit application," they said.

What should you do if you disagree with a benefit decision?

If, like Sharon and David, you disagree with an initial benefit decision, you can ask DWP to look at it again - this is called a mandatory reconsideration.

This is free to do and applies to most benefits, except for housing benefit, personal independence payment and, in some cases, employment and support allowance.

You can do this if your claim has been rejected or you would like to challenge the amount you have been given.

But be warned, if you want to challenge the amount, DWP or HMRC will look at the whole benefit claim and this could mean that you get less, or none at all.

Citizens Advice says if you are unsure about whether to raise this type of challenge, you should get help from an adviser.

You can usually request a mandatory reconsideration within one month of the date on your initial decision letter.

Typically, you have to go through this process before you can appeal to a tribunal.

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