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Has anyone had an issue with splitting a joint ESA claim?

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2 years 4 days ago #276259 by Allysocks
My son has claimed ESA all his life, since he could. He met and married a women who also had her own claim. Both are 30years old. Both got Full supported ESA both get enhanced PIP in both areas. When they married, they were told it had to be one joint ESA claim. He joined her claim, 4 years ago. In August they separated.

They were told they had to change benefits to UC. Two single claims. She now gets Full Rent, standard UC, the support Payment and a further transitional sum. she also got the government cost of living support payment. There was no break in moving from ESA to UC. No work capability assessment.

My son was told, even though he was forced to be a joint ESA claim four years ago, that because he was on her claim, he is not protected. He gets, rent, standard UC, no transitional payment, no cost of living payment from the Government. He had to wait 3 months before getting the support payment. He had to go through a capability for work assessment. This is fundamentally unfair, and is prejudicial to my son. Has anyone been able to successfully challenge this?

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2 years 3 days ago #276317 by Gary
Hi Allysocks

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum

The first question I would ask; did your son apply for UC before his ESA stopped? if the answer is no then your son would have to go through the assessment phase even if ESA stopped for one day. It is vitally important for any legacy ESA support claimant going to claim UC that they claim UC before their ESA stops.

Your son would not get transitional protection as his claim would be classed as natural migration.

I would advise you to seek advice from your local Welfare Rights Organisation who will be able to take all his circumstances into consideration; 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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