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Second opinion - change in circumstances on ESA
- ACDI
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3 years 7 months ago #264312 by ACDI
Second opinion - change in circumstances on ESA was created by ACDI
Hello everyone, thank you for the swift response on my previous post - however I'm back again with another "grey area" circumstance. To make it as easy as possible I'll refer to the lady as J, and the gentleman as T
A client I've recently met has moved back in with his wife after having a bad accident at work, I'm currently helping him through the PIP process and all is going well touch wood. The issue comes with his wife, J is an "ESA Veteran" and has been since it changed from DLA as well as PIP for her illness, so she has never completed a formal ESA application form and was just carried over from DLA to ESA. J is worried that with T moving back into the family home (they were divorced but due to the circumstances he's moved back into the family home to receive care from J and their son) and wanted to make sure that the DWP were aware of the circumstances of him moving back in. We phoned up last week to report for a change in circ's and as far as I was aware, it would simply be a case of changing J's ESA claim from a single person's claim to a couples (as T isn't claiming any benefits out-with the ongoing PIP application) however it seems it's not as simple. The worker from the DWP has sent out a fresh ESA form, presumably to be completed as a couple however J is very worried that she will be "forced" onto UC as many people seem to be nowadays. J has MS and suffers from poor mental health so ever since T has moved in she's been constantly stressed that the DWP will take away all of her benefits now that her ex-partner has moved back in. I hope it's not the case but I have made her aware that she may end up having to go into universal credit.
I apologise for running on but I just wanted to establish the background, my question is essentially - should we just move forward and complete the fresh ESA form as a couple? or push for J's claim to stay the same and try and get T added onto it as her partner.
Thanks again,
Jack @ ACDI
A client I've recently met has moved back in with his wife after having a bad accident at work, I'm currently helping him through the PIP process and all is going well touch wood. The issue comes with his wife, J is an "ESA Veteran" and has been since it changed from DLA as well as PIP for her illness, so she has never completed a formal ESA application form and was just carried over from DLA to ESA. J is worried that with T moving back into the family home (they were divorced but due to the circumstances he's moved back into the family home to receive care from J and their son) and wanted to make sure that the DWP were aware of the circumstances of him moving back in. We phoned up last week to report for a change in circ's and as far as I was aware, it would simply be a case of changing J's ESA claim from a single person's claim to a couples (as T isn't claiming any benefits out-with the ongoing PIP application) however it seems it's not as simple. The worker from the DWP has sent out a fresh ESA form, presumably to be completed as a couple however J is very worried that she will be "forced" onto UC as many people seem to be nowadays. J has MS and suffers from poor mental health so ever since T has moved in she's been constantly stressed that the DWP will take away all of her benefits now that her ex-partner has moved back in. I hope it's not the case but I have made her aware that she may end up having to go into universal credit.
I apologise for running on but I just wanted to establish the background, my question is essentially - should we just move forward and complete the fresh ESA form as a couple? or push for J's claim to stay the same and try and get T added onto it as her partner.
Thanks again,
Jack @ ACDI
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3 years 6 months ago #264515 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Second opinion - change in circumstances on ESA
Hi Jack
Your post is a bit confusing on a number of issues, it is also outside the remit of the forum but I will try and answer some of your questions. You state : 'J is an "ESA Veteran" and has been since it changed from DLA", ESA never changed from DLA, the benefit before ESA was introduced was called Incapacity benefit. what type of ESA was J in receipt of, CB ESA or IR ESA?
If T has move back in not as a partner but as a lodger then why contact DWP and report a change of circumstances? The reason why the DWP sent a fresh ESA claim is because you reported a change of circumstances.
My question is why complete the form as a couple if they are not in a relationship, you are correct that as a change of circumstances they would have to apply for UC but there are other factors to take into account.
I would advise J and T to seek advice from a Welfare Rights Organisation as it is becoming complex. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Your post is a bit confusing on a number of issues, it is also outside the remit of the forum but I will try and answer some of your questions. You state : 'J is an "ESA Veteran" and has been since it changed from DLA", ESA never changed from DLA, the benefit before ESA was introduced was called Incapacity benefit. what type of ESA was J in receipt of, CB ESA or IR ESA?
If T has move back in not as a partner but as a lodger then why contact DWP and report a change of circumstances? The reason why the DWP sent a fresh ESA claim is because you reported a change of circumstances.
My question is why complete the form as a couple if they are not in a relationship, you are correct that as a change of circumstances they would have to apply for UC but there are other factors to take into account.
I would advise J and T to seek advice from a Welfare Rights Organisation as it is becoming complex. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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