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ESA and SDP nightmare - change of circumstances
- Jack
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4 years 5 months ago #252968 by Jack
ESA and SDP nightmare - change of circumstances was created by Jack
Hello there,
After speaking with Citizen's Advice, it was found that I may need more specialist advice, which is why I thought I would drop by and see if there is any way to clarify the situation I am in regarding benefit entitlement.
Currently, I am in receipt of these benefits:
- Personal Independence Payment (standard care rate)
- IR Employment and Support Allowance (with support component for LCWRA)
- Severe Disability Premium (included with the above IR ESA LCWRA payment)
- Housing Benefit (direct from council for being on a legacy benefit)
I was hoping that my partner could move in with me around the first week of January. There are a couple of things to note, however:
- My partner is looking to claim PIP too due to severe social anxiety and other issues
- The SDP gateway is being abolished on 27 January 2021
- My partner is moving over from the Republic of Ireland
The issue I have here is that immediately from the moment he moves here and the DWP are made aware, the following will happen:
1. My SDP will no longer be valid and payable as I am no longer living alone;
2. Due to no SDP being payable, the council will immediately stop my Housing Benefit payments as they will refer to me as a Universal Credit customer instead;
3. My IR ESA will stop as I will no longer be entitled to a legacy benefit.
This will leave up to a 5 week period where I will receive no money at all. I will not be able to pay the rent, I will start missing payments on my credit commitments (I am literally one year away from a 100% clean credit file), I will not be able to even afford to eat and things will get much worse for me and my partner.
There are a few things I need to understand. I saw online that if I get PIP, and a partner moves in to care for me, they will be entitled to Carer's Allowance - but despite coming from the Common Travel Area (CTA), he will not be able to claim it on the basis he hasn't lives in England, Scotland or Wales for the last 2 our of 3 years. If he could have claimed that, I could have taken the hit on the SDP as the Carer's Allowance would make up for that anyway, keeping the income the same.
My partner, once applying for PIP, would then probably go on to claim ESA or another related benefit (he's in a bad way right now, even worse than I am to be fair). There is also the issue with the SDP gateway being abolished. Moving in as a couple is a change of circumstance that could potentially force me off of the SDP and onto UC anyway.
I really have no idea what to do with this. From the period of having no money to being put onto UC (only for it to then be disrupted again anyway if my partner is awarded PIP), the issue of difficulty with money management due to my Autism (I have to use services like Money Dashboard to be able to understand and keep my finances going), the SDP gateway abolishment, the benefits my partner can claim (or how he would go about even claiming those) and everything else. I am absolutely stumped. Its like the moment he touches down into this country, nearly everything will be taken away from me.
I would appreciate if you could please advise or reassure me on what might happen here or how to go about things. Thanks for your time and understanding,
Jack
After speaking with Citizen's Advice, it was found that I may need more specialist advice, which is why I thought I would drop by and see if there is any way to clarify the situation I am in regarding benefit entitlement.
Currently, I am in receipt of these benefits:
- Personal Independence Payment (standard care rate)
- IR Employment and Support Allowance (with support component for LCWRA)
- Severe Disability Premium (included with the above IR ESA LCWRA payment)
- Housing Benefit (direct from council for being on a legacy benefit)
I was hoping that my partner could move in with me around the first week of January. There are a couple of things to note, however:
- My partner is looking to claim PIP too due to severe social anxiety and other issues
- The SDP gateway is being abolished on 27 January 2021
- My partner is moving over from the Republic of Ireland
The issue I have here is that immediately from the moment he moves here and the DWP are made aware, the following will happen:
1. My SDP will no longer be valid and payable as I am no longer living alone;
2. Due to no SDP being payable, the council will immediately stop my Housing Benefit payments as they will refer to me as a Universal Credit customer instead;
3. My IR ESA will stop as I will no longer be entitled to a legacy benefit.
This will leave up to a 5 week period where I will receive no money at all. I will not be able to pay the rent, I will start missing payments on my credit commitments (I am literally one year away from a 100% clean credit file), I will not be able to even afford to eat and things will get much worse for me and my partner.
There are a few things I need to understand. I saw online that if I get PIP, and a partner moves in to care for me, they will be entitled to Carer's Allowance - but despite coming from the Common Travel Area (CTA), he will not be able to claim it on the basis he hasn't lives in England, Scotland or Wales for the last 2 our of 3 years. If he could have claimed that, I could have taken the hit on the SDP as the Carer's Allowance would make up for that anyway, keeping the income the same.
My partner, once applying for PIP, would then probably go on to claim ESA or another related benefit (he's in a bad way right now, even worse than I am to be fair). There is also the issue with the SDP gateway being abolished. Moving in as a couple is a change of circumstance that could potentially force me off of the SDP and onto UC anyway.
I really have no idea what to do with this. From the period of having no money to being put onto UC (only for it to then be disrupted again anyway if my partner is awarded PIP), the issue of difficulty with money management due to my Autism (I have to use services like Money Dashboard to be able to understand and keep my finances going), the SDP gateway abolishment, the benefits my partner can claim (or how he would go about even claiming those) and everything else. I am absolutely stumped. Its like the moment he touches down into this country, nearly everything will be taken away from me.
I would appreciate if you could please advise or reassure me on what might happen here or how to go about things. Thanks for your time and understanding,
Jack
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- Gordon
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4 years 5 months ago #252990 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and SDP nightmare - change of circumstances
Jack
You are partially correct but in error for the more important points
You are correct that you will lose the SD Premium when your partner moves in but it will not result in your Housing Benefit claim being closed nor will your ESA cease and you will not have to claim UC with the caveat that as a couple your household income, savings and assets and for completeness, any hours that your partner works still meet the eligibility criteria for HB and ESA.
In the short term, your HB may be reduced as there may be an expectation that your partner will be contributing to the rent.
Although you will lose the SD Premium your Personal Allowance will increase to the couples rate will offset some of the loss.
Your partner should consider claiming Carers Allowance until a Decision on their PIP claim is made, whilst the CA will be deducted from your ESA meaning there will be no net change, a Carers Premium will be added to your ESA.
I doubt your partner will be able to claim any other benefits other than the CA and PIP. They will have no Contribution history in the UK so they will not be able to claim New Style ESA so that only leaves UC and that will require you to close your ESA claim.
So, the SDP Gateway closing, assuming it does will not be an issue but you do need to get up to date advice, which we can't give you, about your partner moving to the UK after 31 December when the Transitional Agreement ends.
Gordon
You are partially correct but in error for the more important points

You are correct that you will lose the SD Premium when your partner moves in but it will not result in your Housing Benefit claim being closed nor will your ESA cease and you will not have to claim UC with the caveat that as a couple your household income, savings and assets and for completeness, any hours that your partner works still meet the eligibility criteria for HB and ESA.
In the short term, your HB may be reduced as there may be an expectation that your partner will be contributing to the rent.
Although you will lose the SD Premium your Personal Allowance will increase to the couples rate will offset some of the loss.
Your partner should consider claiming Carers Allowance until a Decision on their PIP claim is made, whilst the CA will be deducted from your ESA meaning there will be no net change, a Carers Premium will be added to your ESA.
I doubt your partner will be able to claim any other benefits other than the CA and PIP. They will have no Contribution history in the UK so they will not be able to claim New Style ESA so that only leaves UC and that will require you to close your ESA claim.
So, the SDP Gateway closing, assuming it does will not be an issue but you do need to get up to date advice, which we can't give you, about your partner moving to the UK after 31 December when the Transitional Agreement ends.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jack
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4 years 5 months ago #253218 by Jack
Replied by Jack on topic ESA and SDP nightmare - change of circumstances
Hi again, so have just been confirmed the following by the DWP. When my partner moves in:
- My partner will not be able to claim Carers Allowance (as he has not been I'm the country for 2 years or more)
- My partner will not be able to claim PIP (for the same reason as above)
However,
- My ESA, SDP and Housing Benefit will stop;
- I will then make a claim for UC;
- I will be provided with a the standard couple's rate of £594pm;
- I will be given the following elements:
- Housing Element at £1250 pm;
- LCWRA element (which will be immediately applied as I am already claiming it, no fit note or assment needed) at £348pm
- Carers premium element (as I get PIP) at £164pm
- I will continue to receive my PIP at £230pm
It means that monthly income will be around £500 per month better off.
Jack
- My partner will not be able to claim Carers Allowance (as he has not been I'm the country for 2 years or more)
- My partner will not be able to claim PIP (for the same reason as above)
However,
- My ESA, SDP and Housing Benefit will stop;
- I will then make a claim for UC;
- I will be provided with a the standard couple's rate of £594pm;
- I will be given the following elements:
- Housing Element at £1250 pm;
- LCWRA element (which will be immediately applied as I am already claiming it, no fit note or assment needed) at £348pm
- Carers premium element (as I get PIP) at £164pm
- I will continue to receive my PIP at £230pm
It means that monthly income will be around £500 per month better off.
Jack
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- Gordon
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4 years 5 months ago #253239 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and SDP nightmare - change of circumstances
Jack
If you will be better off under UC then you should claim it but the DWP are wrong about you having to claim it.
Gordon
If you will be better off under UC then you should claim it but the DWP are wrong about you having to claim it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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