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esa ending due to one of a couple reaching pension age

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1 year 11 months ago #276464 by Deg Peard
myself and wife are in receipt of esa. But my wife becomes of pension age in May. (I am not of pension age).

Do I then claim universal credit for myself with my wife on the claim OR can my wife
claim her pension and just myself claim universal credit? Thankyou

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1 year 11 months ago #276495 by Gary
Hi Deg Peard

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

Thank you for your question, which is interesting but complicated as the answer depends on a number of factors, you need to contact your local Welfare Rights Organisation who will be able to give you the correct advice; 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 .

I will give you an overview as I do not know your circumstances.

I come across your situation quite often for mixed aged couples on ESA and receiving the support component.

What a mixed age couple needs to do is make a claim for UC before the eldest reaches state pension age. In their UC claim they would be entitled to Couple Standard Allowance, if they claim help with their cousing costs then they would get a Housing Element, they should also get a LCWRA element as they were in the support group, this is quite often missing, they may also get a Carer Element depending on their circumstances.

If they apply for UC after the eldest reaches state pension age, ESA would have stopped, therefore there would be a break in their claim, even if for one day which would mean that to get the LCWRA element they would have to hand in a fit note and go through the assessment period (13 weeks) without receiving the LCWRA element.

My advice would be to seek help before state pension age.

Gary

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

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