Conditions of entitlement
The general entitlement rules affecting mixed-age couples are set out in the Welfare Reform Act 2012 and the Universal Credit Regulations 2013 (SI.No.376/2013). The definition of ‘mixed-age couple’ is set out in SI.No.37/2019.
NB: See below for equivalent legislation in Northern Ireland.
Basic upper age condition of entitlement |
Section 4 of the Welfare Reform Act 2012 |
Sets out the basic conditions of entitlement including (subject to exceptions) that a claimant has not reached pension age (the qualifying age for pension credit). |
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Exception to basic upper age condition for mixed-age couples |
Regulation 3(2) of SI.No.376/2013 |
Makes provision for joint entitlement if one member of a couple is over pension age and one is under that age. |
Definition of mixed-age couple |
Article 2 and 3 of SI.No.37/2019 |
Article 2 defines a mixed-age couple as including one member that has attained pension age while the other has not (including for cases of polygamous marriages) and Article 3 commences provision that excludes entitlement to pension credit where the claimant’s partner was under the qualifying age for that benefit. |
Exception from definition of mixed-age couple |
Article 4 of SI.No.37/2019 (as amended by SI.No.604/2024) |
Makes a saving provision that protects mixed-age couples who were entitled to housing benefit and/or state pension credit at the time the exclusion under Article 3 came into effect. SI.No.604/2024 amends article 4 to maintain or reinstate the saving provision for couples caught in the process of migrating pension age claimants of tax credits to universal credit. |
In Northern Ireland, the Welfare Reform (Northern Ireland) Order 2015, and SR.No.216/2016 include provisions relating to mixed-age couples that are equivalent to those made in Great Britain. The definition of mixed-age couple is set out in SR.No.4/2019 (as amended by SR.No.118/2024).
Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.
Advice for decision making |
Includes guidance on mixed-age couples and circumstances when they may be prevented from claiming universal credit. |
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Local authority guidance |
HB Adjudication Circular A9/2019 |
Provides guidance on the mixed-age couple’s policy in general, savings provisions, exceptions that restrict new universal credit claims, and transition to universal credit housing payments for mixed-age couples. |
Case law provides further interpretation of the legislation and establishes legal precedent.
We’re not aware of any case law relating to this issue.