Made 7th May 2024
EXPLANATORY NOTE
(This note is not part of the Order)
This Order, which extends to Great Britain only, preserves the existing protection for certain mixed-age couples (that is couples where one member has reached the qualifying age for state pension credit) when they are issued with a migration notice requiring them to move to universal credit.
Article 2 amends article 4 of 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 (S.I. 2019/37 (C. 1)) (“the No. 31 Order”).
Article 3 of the No. 31 Order commenced the provision that excluded entitlement to state pension credit where the claimant’s partner was under the qualifying age for that benefit. Article 4 of that Order contained a saving provision that protected mixed-age couples who were entitled to housing benefit or state pension credit at the time that exclusion came into effect.
Article 4 of this Order allows that saving, which would otherwise cease when a migration notice is issued, to be reinstated when universal credit ends. It also allows the saving to continue where the couple are issued with a migration notice but do not make a claim for universal credit or make a claim but are not entitled.
