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ESA TO UC CHANGE. BUT NOT THAT SIMPLE!

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5 years 11 months ago #212244 by Waynek
Hi everyone. My wife and I have been separated for nearly 3 years owing to my mental health condition and her physical health condition. Basically we had no choice but to separate as I totally lost the plot. On the up side, slowly but surely we have patched ourselves up and feel we and particularly I can live togther again and in order for us both to survive, we need to look after each other. Now, if I move back into our home, which is owned by our daughter but she doesn't live there, we obviously have to redo our ESA claim. This in itself is not a problem, however, in June UC is to be rolled out in our area. So my understanding is that we have to redo our ESA claim this month in order to qualify for the future transitional period but I have received a Capability for Work Questionnaire which needs to be in by 25 May. Do I complete this form or do I notify the DWP of the change in situation now? Our concern is that if we leave this until June our UC entitlement is dramatically less than what would be received on ESA. As my wife and then me would continue to live in our daughter's house we can't claim housing benefit and therefore a large degree of our income would pay her mortgage as she cannot afford to pay her rent as well as the mortgage. Any advice would be really appreciated as we want to do the right thing but cannot afford to be penalised by the DWP. Many thanks.

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5 years 11 months ago #212258 by Gordon
Replied by Gordon on topic ESA TO UC CHANGE. BUT NOT THAT SIMPLE!
Waynek

Your post suggests that you already have an ESA claim as you talk about a Capability for Work Questionnaire so Universal Credit should not be a factor unless you need to make a new claim for one of the other benefits that come under the UC umbrella.

You need to contact the DWP when your living arrangements change and you move in again with your wife.

Yes you need to complete the form or you claim will be closed.

Gordon

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

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5 years 11 months ago #212276 by Waynek
Replied by Waynek on topic ESA TO UC CHANGE. BUT NOT THAT SIMPLE!
Hi Gordon
Thanks for the reply. I maybe haven’t worded it well. Yes we are already getting esa but do I complete the capability to work form before moving back in with my wife? We are concerned that if I do this, then by the time it is assessed the only way we could claim jointly is via the UC route as it kicks into the area in June. So if I notify them now do I just complete my capability to work form and notify them of change if address. My apologies if not explaining it well, however, up until the last couple of years we’ve never had to claim anything so it’s all very new to us and seems an absolute minefield.

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5 years 11 months ago #212293 by Gordon
Replied by Gordon on topic ESA TO UC CHANGE. BUT NOT THAT SIMPLE!
Wayne

You need to complete the questionnaire and return it by the required date of your ESA claim can be closed. The form has nothing to do with living arrangements.

Your wife can be added to your ESA claim, based on your post, there is no requirement for you to claim UC.

You need to contact the DWP when you move in with your wife. She cannot be added to your claim until this happens.

Gordon

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