ESA stopped..please HELP!

Hi Artpilgrim,
I'm not totally sure whether your partner dies actually earn £400 per week or this is alleged by DWP. Nor do I know whether this is a recent thing or something that has happened for a while.
I will therefore give alternative answers, to hopefully cover various scenarios.
If your partner has income of £400 per week it very likely to take you over the ESA limit. Housing Benefit works on the same income limits too. But it is sometimes possible to still get Housing Benefit but not qualify for ESA There are rules for both capital and income for both of these benefits.
The rules for tax credits are somewhat more generous but are also likely to be affected by income.
I think you need to contact a local advice centre and get a benefits check done. This link shows where you might get help.
advicelocal.uk/
You will need to list all your income, any savings, your rent, Council Tax amount without benefits disability benefits etc, and current tax credit info. The adviser will be able to calculate various benefits and entitlement. There is a possibility that you might be better off claiming UC, but it is important to get full calculations done to ensure you get the appropriate benefits for your circumstances.
If your partner's income has taken you over the ESA/HBen threshold, it is possible that there may be an Overpayment. Whilst ESA (DWP) know this, your local council may not, and you have a duty to inform them. If you need to, please inform them urgently, otherwise any overpayment will still be increasing. Likewise you will need to inform HMRC as your tax credit amounts may also be affected and be overpaid.
If there is an overpayment of any sort of benefit, and you did notify (all) relevant departments, and they still overpaid you, then it may be possible to argue that this is official error and you may not have to pay back the overpayment. Again, please visit a local advice centre for specialist advice if this is the case.
Alternatively, if your partner doesn't have this income alleged, and DWP have wrongly stopped your ESA then you should phone or write in and ask why ESA has been stopped, but to provide more details such as dates, etc (Another long phone wait I'm afraid.) If ESA is wrong stopped it us likely Housing Benefit will also stop as the end if ESA will get flagged at the council. You can get Housing Benefit without claiming ESA, so again you will need to contact the council.
I think generally some detailed benefits advice would be really useful.
I hope this makes some sense.
LL26

Hi Artpilgrim

The basic threshold for a couple is £117.40 pw, depending on your circumstances there may be additional premiums.

You can use an online calculator to check: gov.uk/benefits-calculators

Gary