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Moving in with partner on esa, I’m on UC- lots of confusion from CA
- Abio
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2 months 3 days ago #288264 by Abio
Moving in with partner on esa, I’m on UC- lots of confusion from CA was created by Abio
Hi!
So me and my partner are hoping to move in together soon.
My partner receives enhanced living pip, plus standard mobility (which won’t change when we live together)
But he is currently on esa, prior to this he was on incapacity benefit and so he gets contribution based esa with IR top up? From what I can tell, but his esa letter isn’t very clear.
I am a full time student and I claim UC.
When he moves in with me I will be expected to update my UC at which point we’re not sure where we will stand. They have said he must then also make a claim for uc once we move in.
Now based on ESA I’ve had conflicting info, one person said that because he gets the income related too up his entire esa claim is classed as a legacy benefit and therefore, the entire esa claim will close and he will have to claim soley UC, which will be fine, until I graduate when my earnings will wipe out most of not all of the UC claim.
Whereas someone else has told me that when he rings up to change his circumstances to esa, that he will be able to request to have his income related removed and be put on solely ESA contribution based, but that he would loose his disability protection payment thing, which is fine. I understand if he is on contribution based soley it gets taken off £:£ which is fine because he will then still get it once I am working.
I’m just a bit confused on where we will stand as there isn’t much on anything similar.
Can he be moved onto soley contribution based esa? and if so will this be done automatically? Can we request this?
Or will his entire esa claim be closed when we begin to get uc.
Any help would be appreciated!
So me and my partner are hoping to move in together soon.
My partner receives enhanced living pip, plus standard mobility (which won’t change when we live together)
But he is currently on esa, prior to this he was on incapacity benefit and so he gets contribution based esa with IR top up? From what I can tell, but his esa letter isn’t very clear.
I am a full time student and I claim UC.
When he moves in with me I will be expected to update my UC at which point we’re not sure where we will stand. They have said he must then also make a claim for uc once we move in.
Now based on ESA I’ve had conflicting info, one person said that because he gets the income related too up his entire esa claim is classed as a legacy benefit and therefore, the entire esa claim will close and he will have to claim soley UC, which will be fine, until I graduate when my earnings will wipe out most of not all of the UC claim.
Whereas someone else has told me that when he rings up to change his circumstances to esa, that he will be able to request to have his income related removed and be put on solely ESA contribution based, but that he would loose his disability protection payment thing, which is fine. I understand if he is on contribution based soley it gets taken off £:£ which is fine because he will then still get it once I am working.
I’m just a bit confused on where we will stand as there isn’t much on anything similar.
Can he be moved onto soley contribution based esa? and if so will this be done automatically? Can we request this?
Or will his entire esa claim be closed when we begin to get uc.
Any help would be appreciated!
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- Gordon
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2 months 3 days ago #288265 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Moving in with partner on esa, I’m on UC- lots of confusion from CA
A
This is a lot simpler than has been suggested than those you have spoken to have suggested and there appears to be a lot of incorrect information in what you have been told.
In basic terms, you have two options;
1. You join your partner on their legacy ESA claim. They do not need to lose the Income Related component which will be uprated to the couples allowance. You will need to close your UC claim before you are added to their ESA.
2. They join you on your UC claim. They will lose the IR component but will continue to receive the CB one which will be converted to a New Style ESA claim but deducted £ for £ from your UC. Their ESA award will be migrated across automatically.
The first thing you should do is compare what you might receive with either option by putting your information into one of the online benefit calculators. See
www.gov.uk/benefits-calculators
Then you need to consider what you might gain or lose from each option. For example; you don't mention Housing Benefit, if you receive it and your partner does not then the only way to remain eligible is to go down the UC route as it cannot be added to a legacy ESA claim.
You should also consider getting local advice. A trained advisor can look at your specific circumstances which we cannot do on the forum.
advicelocal.uk/
Gordon
This is a lot simpler than has been suggested than those you have spoken to have suggested and there appears to be a lot of incorrect information in what you have been told.
In basic terms, you have two options;
1. You join your partner on their legacy ESA claim. They do not need to lose the Income Related component which will be uprated to the couples allowance. You will need to close your UC claim before you are added to their ESA.
2. They join you on your UC claim. They will lose the IR component but will continue to receive the CB one which will be converted to a New Style ESA claim but deducted £ for £ from your UC. Their ESA award will be migrated across automatically.
The first thing you should do is compare what you might receive with either option by putting your information into one of the online benefit calculators. See
www.gov.uk/benefits-calculators
Then you need to consider what you might gain or lose from each option. For example; you don't mention Housing Benefit, if you receive it and your partner does not then the only way to remain eligible is to go down the UC route as it cannot be added to a legacy ESA claim.
You should also consider getting local advice. A trained advisor can look at your specific circumstances which we cannot do on the forum.
advicelocal.uk/
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Abio
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1 month 3 weeks ago #288560 by Abio
Replied by Abio on topic Moving in with partner on esa, I’m on UC- lots of confusion from CA
Thank you, I have spoken with both citizens advice as well as another benefits advisor. Both have given incorrect and conflicting information. I believe my status as a student makes it come confusing.
If I was to join their esa claim would this be possible as a student? Also I don’t currently claim and help towards housing but when we move in together we will have rent to pay of £400. I believe the only way to claim this would be to go onto uc. My partners income related would stop I believe but he should still get the contribution based support part I believe?
We could move soley onto uc but when I graduate and start working out uc entitlement will stop full. Whereas if he stays on esa contribution when i start working, yes our uc will stop but he should still be able to claim esa. If I’m not mistaken.
When we move, if we decide to go into uc with him getting esa contribution based, what would be the steps to follow. Would he first have to ring up and cancel his income related top up? Then he can apply for uc and be added to my claim? Is that possible?
If I was to join their esa claim would this be possible as a student? Also I don’t currently claim and help towards housing but when we move in together we will have rent to pay of £400. I believe the only way to claim this would be to go onto uc. My partners income related would stop I believe but he should still get the contribution based support part I believe?
We could move soley onto uc but when I graduate and start working out uc entitlement will stop full. Whereas if he stays on esa contribution when i start working, yes our uc will stop but he should still be able to claim esa. If I’m not mistaken.
When we move, if we decide to go into uc with him getting esa contribution based, what would be the steps to follow. Would he first have to ring up and cancel his income related top up? Then he can apply for uc and be added to my claim? Is that possible?
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- Gordon
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1 month 3 weeks ago #288564 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Moving in with partner on esa, I’m on UC- lots of confusion from CA
A
Does your partner receive any Housing Benefit now, if not then your only option for assistance with this is to claim UC.
In either case, as a student, any finance that you receive will be deducted £ for £ from the benefit being received.
If you do claim UC then your partner should not do anything with their ESA claim this will all be handled when as part of the UC claim. The only thing they need to do is make sure the UC staff are aware of their ESA claim by informing them via the UC Journal.
Your partner's ESA will be migrated to New Style ESA which is a Contribution Based claim. Their NS ESA will also be deducted £ for £ from your UC.
As you can see there is a lot going on which is why I recommended you put your information into one of the online benefit calculators, you really shouldn't be making this decision on assumptions.
Gordon
Does your partner receive any Housing Benefit now, if not then your only option for assistance with this is to claim UC.
In either case, as a student, any finance that you receive will be deducted £ for £ from the benefit being received.
If you do claim UC then your partner should not do anything with their ESA claim this will all be handled when as part of the UC claim. The only thing they need to do is make sure the UC staff are aware of their ESA claim by informing them via the UC Journal.
Your partner's ESA will be migrated to New Style ESA which is a Contribution Based claim. Their NS ESA will also be deducted £ for £ from your UC.
As you can see there is a lot going on which is why I recommended you put your information into one of the online benefit calculators, you really shouldn't be making this decision on assumptions.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Abio
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1 month 3 weeks ago #288566 by Abio
Replied by Abio on topic Moving in with partner on esa, I’m on UC- lots of confusion from CA
thank you for the reply. yes my partner doesnt claim any housing benefits at the moment.
i think UC with him also claiming contribution based will be the way to go.
However, ive just been looking at the letter he recieved about his new payments for april. and on the breakdown there is no mention of contribution based, i thought he was on contribution based plus IR top up, but now im wondering if hes soley on IR.
his mum is the one who does the claim due to his disability and she was sure it was just an income based top up, he claimed esa after being moved from incapacity benefit.
If he is on soley IR support will he loose his entire esa claim ammount? or will he have recieved enough NI credits from his IR esa to be eliible for newstyle esa? (my partner hasnt worked since before 2017, and when he did work it was short term)
i cant figure out how to incllude the picti=ure of the letter but basicalli it says
'esa award
your living expenses 90.50
extra money from disability income guarantee 20.85
Limited capacity for work addition
extra money because of support group 47.70
which gives total income- related amount 159.05'
it then goes on to say he claims pip whcih isnt taken off his esa
then
'your income related amount is £159.05 less total income of £0
so your income related entitlement is £159.05'
so does this mean hes on a IR esa claim fully?
if thats the case where do we stand? can he claim new style esa then? would he have to do a completely new work capability assesement.
sorry for all the questions im very anxious about the move
i think UC with him also claiming contribution based will be the way to go.
However, ive just been looking at the letter he recieved about his new payments for april. and on the breakdown there is no mention of contribution based, i thought he was on contribution based plus IR top up, but now im wondering if hes soley on IR.
his mum is the one who does the claim due to his disability and she was sure it was just an income based top up, he claimed esa after being moved from incapacity benefit.
If he is on soley IR support will he loose his entire esa claim ammount? or will he have recieved enough NI credits from his IR esa to be eliible for newstyle esa? (my partner hasnt worked since before 2017, and when he did work it was short term)
i cant figure out how to incllude the picti=ure of the letter but basicalli it says
'esa award
your living expenses 90.50
extra money from disability income guarantee 20.85
Limited capacity for work addition
extra money because of support group 47.70
which gives total income- related amount 159.05'
it then goes on to say he claims pip whcih isnt taken off his esa
then
'your income related amount is £159.05 less total income of £0
so your income related entitlement is £159.05'
so does this mean hes on a IR esa claim fully?
if thats the case where do we stand? can he claim new style esa then? would he have to do a completely new work capability assesement.
sorry for all the questions im very anxious about the move
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- Gordon
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1 month 3 weeks ago #288591 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Moving in with partner on esa, I’m on UC- lots of confusion from CA
A
Legacy ESA letters are notoriously poor and rarely make any sense or convey the correct information. So, when a claimant is eligible for the Income Related component the annual Entitlement Letters only show the IR component, not any CB one.
The critical thing to check with your partner is whether they met the two Contribution Conditions when they made their original claim for ESA, if they did then there is an underlying entitlement to ESA(CB).
However, other than;
- the claim being in their name
- payments being fortnightly whereas UC is monthly and
- ESA (CB) paying Class 2 NI Credits rather than the Class 3 paid with UC, both count toward the full State Pension
there is no financial advantage to their having an ESA(CB) claim or not.
No, providing he is still claiming ESA when you make your joint claim for UC then his current award will be carried over to UC without reassessment.
Gordon
Legacy ESA letters are notoriously poor and rarely make any sense or convey the correct information. So, when a claimant is eligible for the Income Related component the annual Entitlement Letters only show the IR component, not any CB one.
The critical thing to check with your partner is whether they met the two Contribution Conditions when they made their original claim for ESA, if they did then there is an underlying entitlement to ESA(CB).
However, other than;
- the claim being in their name
- payments being fortnightly whereas UC is monthly and
- ESA (CB) paying Class 2 NI Credits rather than the Class 3 paid with UC, both count toward the full State Pension
there is no financial advantage to their having an ESA(CB) claim or not.
No, providing he is still claiming ESA when you make your joint claim for UC then his current award will be carried over to UC without reassessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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