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IR ESA - Change of circumstances UC Area

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5 years 7 months ago #217457 by Ditzee
I receive IR ESA - support Group and have been living alone in receipt of full HB and CT. My estranged husband current receives CB ESA and receives IIB. He submitted his ESA 50 renewal in March 2018 - still being paid but no written documentation regarding his award to date. He was given a cancer stage 4 terminal diagnosis of 6-9 months to live. The Macmillan Benefits advisor is submitting a fast tracked online PIP form today as he is entitled to higher rate of care and mobility. Given my husband's diagnosis he has moved in to my rented property. I understand I need to advise DWP and Local Authority of change in circumstances and this will trigger a new claim for UC. Am I right in thinking that my existing ESA will not be protected by transitional payment protection and my benefit will be slashed to the new UC rates? Will I be able to claim Carer's premium despite the fact that I am classed as unfit for work? I would really appreciate urgent advice given our circumstances.

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5 years 7 months ago #217459 by Gordon
Replied by Gordon on topic IR ESA - Change of circumstances UC Area
Ditzee

This will not trigger a claim for UC based on your post it would be an amendment to your existing ESA claim, however, based on the benefits your husband receives you may lose entitlement to payment of your ESA(IR) and your Housing Benefit.

Can you reasonably show that you would not be living as partners if you can then his benefits will not affect yours?

As long as your providing a minimum of 35 hours of care a week would not be at odds with the reasons that you have been awarded ESA then you can claim Carers Allowance. If you retain any ESA(IR) then the CA will be deducted but a Carers Premium will be added. If you don't then the CA would be payable but no Premium.

You can get a better understanding of the impact his moving in will have by putting yours and his information into one of the online benefit calculators.

www.gov.uk/benefits-calculators

Gordon

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

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5 years 7 months ago #217466 by Ditzee
Replied by Ditzee on topic IR ESA - Change of circumstances UC Area
Thank you Gordon.
We will be living as partners so his benefits will affect mine. I would be providing more than 35 hours per week care. So what deductions would be made? Is the Carers Premium £156.45 per month?

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5 years 7 months ago #217467 by Ditzee
Replied by Ditzee on topic IR ESA - Change of circumstances UC Area
Gordon, would be living as spouses. So if I lost ESA and housing benefit does this mean my husband should make claim for HB and CT? Surely he would be given some additional ESA for a couples claim?

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5 years 7 months ago #217468 by Gordon
Replied by Gordon on topic IR ESA - Change of circumstances UC Area
Ditzee

You really need to put your information into one of the calculators, I am trying to second guess information.

So only one fo you can make a claim for Income Related ESA and there is no advantage to swapping who it is from your post.

So your ESA(IR) will increase to the couples rate, about £40 per week and you would receive the Carers Premium (£36 per week).

From this will be deducted your husband's ESA(CB), his IIDB and your Carers Allowance.

There may be some additional payments but it will depend on your awards.

Housing Benefit uses a similar calculation to ESA. If you retain any ESA(IR) payments then you will receive full Housing Benefit, if you don't then at the least the HB will be reduced. It will also be affected by your husband moving in but that will be dependant on how your Local Authority view this so I can't say what they will do.

Gordon

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

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5 years 7 months ago #217972 by Ditzee
Replied by Ditzee on topic IR ESA - Change of circumstances UC Area
Hi Gordon. Spoke to Macmillan advisor yesterday to get an idea of how to proceed but need to meet up in person to finalise details. He said as you mentioned, can we reasonably show that we would not be living as partners as then his benefits will not affect mine, given that his prognosis is only 6 months to live and I will be acting in a caring role for in excess of 35 hours per week and I live in a 2 bedroomed property.

He says if we live as a couple then my ESA SG claim would be closed and I would have to claim UC and monthly payment to me would be £680 (includes housing element) and my husband's claim would remain CB ESA. My understanding then is that I would have to wait for a Universal Credit to be paid which could take 5 weeks. Also have to consider that after my husband's "passing" I would again have a change in circumstances to report and yet another adjustment to my benefit claim. I feel emotionally drained trying to process all this financial information and unfortunately the Benefit Calculators are not making it any clearer for me. I was hoping that I could retain my ESA IR until I was naturally migrated onto Universal Credit. I would really appreciate another opinion on this complex situation. Thanks.

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