Couples of different ages are losing out on thousands of pounds and “living on tiny incomes” due to “an unfair rule” which takes away an elderly person’s pension benefits if their partner is younger.
Around 60,000 low-income couples are prevented from accessing entitlements like pension credit until their younger partner reaches state pension age, plunging them into severe financial hardship, charity Independent Age has warned.
These couples are missing out on around £5,900 a year of support on average, according to the government’s own figures, with some losing as much as £7,000.
With almost two million older people already living in poverty across the UK, Independent Age warns that the planned rise in the state pension age to 67 between April 2026 and April 2028 will force even more mixed-age couples to wait even longer for support.
Here’s what we know about the issue — and why campaigners are working to change it.
What are the pension rules?
Since 2019, the government has used the term mixed-age couples to describe a situation when one member is above, and the other is below, the minimum qualifying age for pension credit.
Pension credit is intended to provide long-term support for pensioner households who are no longer in work because of their age.
When single people claiming benefits reach state pension age, they can no longer claim universal credit, and move from working-age benefits to pension-age benefits.
Couples can either claim universal credit or pension credit – but not both. (Getty)
(Igor Suka via Getty Images)
Even if one partner is of state pension age and the other is still working, couples have to decide whether their younger partner will continue to claim universal credit, or if the older partner will claim pension credit and housing benefit.
The policy has made the government some significant savings, pocketing the Department for Work and Pensions (DWP) at least £385m to date.
Who is affected by the rule?
Shortly after the law first came into effect, around 15,000 couples were affected. Now, that number has ballooned to 60,000, and is projected to rise to even higher once the state pension age rises to 67.
Eddie Burns, 70, who lives in Liverpool, has tried to claim pension credit several times, but has been told he cannot claim as his partner is not of pensionable age.
Burns said: “I am 70 years of age and my partner is 65. We are both disabled and only just keeping our heads above water, financially.
“I think this is very unfair, and we could really benefit from the extra help. This would make us able to be more comfortable and less worried about our finances.”
Andy Cressey from Goole, in Yorkshire, said both he and his partner June, who is three years younger, will effectively have to live off his state pension by the time he retires in 2028.
If the rules do not change, the couple will not be able to afford to live together.
“I have also found out that if we live apart the council will pay my full rent and council tax as I will be a pensioner and my partner would have a full claim in with universal credit. So we will be better off if we do not live together, which is silly,” he said.
“Why should I have to pay rent and council tax when I live with my younger partner, and she will have very little, if any, income herself? The system is bonkers, to say the least.”
How likely is the rule to be changed?
The DWP told Yahoo News that while “supporting pensioners is a top priority,” pension credit is “intended to aid pensioners who have left the labour market.”
“A person of working age is entitled to different benefits which include employment support, such as universal credit, a spokesperson said.
But Independent Age chief executive, Joanna Elson, said the government needs to reverse the rule as the “flawed system” unfairly penalises pensioners who happen to have a younger partner.
“Our helpline received a call from a 79-year-old who was unable to claim pension credit because their partner is 59. Under the mixed-age couples rule, they will have to wait until they are 87 before they can access this life-changing financial support,” she said.
“The UK government has created a flawed system where two people of the same age can be treated completely differently just because one has a younger partner.
“Who you fall in love with and choose to spend your later years with should not determine how much financial support you receive. Far too many older couples are forced to live on tiny incomes because of this rule. It’s time for the government to reverse it.”