There will be some couples where one member is ineligible for UC and so normally their partner is able to claim UC as a single person. This includes couples where one:
- Is under 18 (with some exceptions)
- Fails the Habitual Residence Test
- A person subject to immigration control
- Is a 'prisoner' (this includes those held on remand)
- Is absent from the UK for more than a month (can be longer in certain circumstances.
Where this is a mixed age couples and it is the younger member that is ineligible for UC, then their partner is also ineligible as they are classed as a single person and are Pension Credit age.
But under the HB rules they would be treated as a couple - and as a mixed age couple would not able to make a new claim for Housing Benefit.
BUT the rules were amended in May 2019 to allow the pension credit age member to make a new claim for HB as a single person under the pension credit age Regulations until the reason they are no longer able to apply for UC applies.