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Mixed age couple benefits IR ESA CB ESA / UC

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9 months 3 weeks ago #287317 by CFremont
This is slightly complicated

We are a mixed age couple, whereby one is near pension age very soon and I am trying to figure out what to do for the best financially long term.

At present not on UC but me being the younger person Contrib Based ESA in Support Group
Partner has CA and IS and SDP (CA AND IS AND HB will stop when 66 )

Myself High care DLA and Low mobility
Partner PIP standard on both

We also get Housing Benefit at present

LHA is £241.64 per week (although our private rent is more and we pay the extra on top of that)

So with help from sources we had a UC calculation worked out.

HOWEVER I had some information that if I had part of my ESA as Income Related ESA you could continue with HB .Also that we could stop his IS claim and could ask to have my ESA assessed /superseeded for entitlement to income based ESA to top up my contribution based ESA.

And when a younger partner is one an income related benefit they can stay on HB.

I phoned Age Uk and they did not really want to give advice about doing the IR ESA as it was out of their remit and had complicated rules etc . Just to phone DWP and ask them. I was slightly disappointed as I thought they would be dealing with mixed age couples all the time and could give more solid advice. They just did the benefit check and said to go over to UC as it was complicated.

Has anyone had experience of doing the above ? Or can shed any light on it.
I am at a loss and do not want to do the wrong thing long term

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9 months 3 weeks ago #287324 by Gordon
C

What ESA are you receiving?

Legacy ESA with only the Contribution component being paid, or New Style ESA?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: CFremont

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9 months 3 weeks ago #287325 by CFremont
Replied by CFremont on topic Mixed age couple benefits IR ESA CB ESA / UC
Hello there

Its the legacy ESA only contrib based and at present pre SP age for IS AND SDP for my partner
Thanks

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9 months 3 weeks ago #287328 by Gordon
C

When your partner reaches State Retirement Age their Income Support Claim will stop. The Carers Allowance is an overlapping benefit with the State Pension with only the higher, usually the pension being paid but importantly, they retain an underlying entitlement to the CA.

If the Housing Benefit is in your name then you should be able to contact the DWP and have the Income Related component added to your ESA as a Change of Circumstances.

If it is in your partner's name then the HB will stop when they reach SRA. As far as I know, you should get advice on this before making any claims, you can receive HB but only by making a new claim for UC, I do not believe it can be added to your existing ESA as the HB in your name would be a new claim.

If you need to make a claim for UC then you must do it before the Income Support claim ends or you may lose allowances that you are currently entitled to.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KimABT, CFremont

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9 months 3 weeks ago #287332 by CFremont
Replied by CFremont on topic Mixed age couple benefits IR ESA CB ESA / UC
Thank you for the information

The HB is in my partner's name but we are living as a couple.

I just assumed as we are a couple and have lived together since 2009 as a couple in the same property, (him since the 1950's) it wouldn't matter that it was in his name.

And as we were a couple that they included BOTH of our benefits , on the HB info and that we could change from having the IS as a passport to HB and then to me having IR ESA/CB ESA if he stopped his IS.

I didn't know that it would be a new claim as such for HB as it is his name at present, I just assumed a couple would claim and it didn't really matter who's name was on the HB claim as long as there was a member of the couple getting the qualifying benefit

Thanks for the info about claiming UC before IS runs out

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9 months 3 weeks ago #287340 by Gordon
C

It is a misnomer that claimants of legacy benefits claim as a couple, this is not the case, an individual makes the claim and a partner; as an example, is part of their household not a co-claimer.

Universal Credit is different as it is always claimed as a couple.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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