Hi, If my partner is awarded an underlying entitlement to Carers Allowance as I am on ESA (C). This is classed as an overlapping benefit. Therefore Carers Allowance cannot be paid but you can still make a claim etc.
Would I be able to apply for an ESA income related top up?
If so could I claim Housing and Council Tax Benefit?
Or would I need to make a new claim for Universal Credit?
Your ESA(CB) claim is in your name only, if your partner claims CA then that will be in their name only so there is no issue of overlapping benefits.
If you are receiving what is now called legacy and not New Style ESA then providing you are eligible then Income Related ESA can be added to your claim.
You cannot make a new claim for Housing Benefit unless you meet very specific criteria and your current circumstances and planned ones prevent you from meeting this unless your partner has an enabling award of DLA or PIP.
Council Tax benefits are not part of UC, if you meet your Local Authorities criteria then you should already be receiving a discount.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
