Joint ESA claim- who would be best claiming?

Mae85 wrote: »

Hi all,
I'm in a right state of confusion and would appreciate some help if possible!
So, I have been claiming IB ESA WRAG for over 8 years now, I get £204.30 a fortnight.
When I met my partner he was working but now he isn't, he was claiming CB ESA of £73.10 a week.
We decided to move in together at the end of July, so we put a claim in for joint ESA, it was decided he would be added to mine, and the JC said his claim would be left open as he was still entitled to his CB.

Sounds like ok advice, however, the JC would not have known whether he will pass his WCA or fail...if he had failed, their advice would have been ok, if he passed then their advice is poor... but remember they did not know what would happen. And they were probably saying to do it that way so you each get something. Some couples don't share what they each get or are reluctant to do so equally.

I sent the form off last week, and low and behold today he's had a letter saying based on his work capability assessment they have put him in the support group.

Ok

My worry now is he's gonna lose out on some money once our joint claim has come through- will he still be entitled to his extra £15 a week support component?

The support component is £36.55, and yes, he will get it, and arreears of it. There is an extra £15.90 Enhanced Disability Premium (EDP), which he will also get up to the point at which his ESA claim became ESA Contributory Only. You have not told us if his claim was ESA IR & C before you came along, or if it was just ESA C only?

Assuming his ESA claim was ESA C & IR before you came along... let us assume his ESA claim started on 01/09/2016, and started to pay from 08/09/2016. Also assuming he has not already had on his claim EDP (which he would have got if he has PIP Daily Enhanced or DLA Care High). He would get arrears of 36.20+15.75 = 51.95 from the 14th week after payments commenced i.e. from 15/12/16, changing to 36.55+15.90=52.45 from about 11/04/17 up to the point at which his claim changed to ESA Conts only (when your claim starts), from which point he will get arrears of 36.55 only.

Assuming his claim was ESA Conts only. he would only get the arrears of 36.20, changing to 36.55 ...This would have nothing to do with your claim, it would just mean he claimed the wrong benefit when he was single...not your fault.

He also claims housing benefit and council tax reduction.

Not relevant.

Can I have some help on what should be done for the best and who should be claiming what? He's also been advised to apply for other help too like PIPS and the benefit where a job has affected your health.
He's a poorly guy and now I feel like I am gonna be a burden on him in regards to him losing money.

Ok, now he is in the Support Group. If you carry on the way you are going .... He will get £109.65 you will get £34.25

If you do it the other way around, He adds you to his claim. He will get £174.25 and you will get nothing

As you only posted the form last week, it may not be too late to get them to ignore it. Get another ESA3 from the jobcentre (quickest way to get one) fill it in...in his name with you as his partner...put the date at the top of page 1 as the date you moved in together. When done, ask the jobcentre for an appointment to have the ESA3 form scanned to the ESA processing office.

Meanwhile, you phone ESA on Tuesday, and ask for notes to be entered that

• Your ESA3 is to be ignored
• Your partner is going to claim for both of you
• Your ESA claim WRAG is to remain open for NI Credits only.
• Do not close this claim

Ideally you should also INSIST on getting a call back from ESA to confirm all of the above will be done.

Worst case scenario, ESA tells you, your ESA3 has already been actioned ... In which case you INSIST that your ESA claim is changed from a date as early as possible to become ESA NI Credits only (and is not closed)..... as your partner is now doing an ESA3 to add you to his claim. You ask them what date they are going to nil your claim from, so your partner can put that date on his ESA3. He then gets his ESA3 scanned by the jobcentre.

You will be alright, the most you both will lose is £30 a week until you get the claims swapped around....but he will get his arrears for when he was single.

*He should also already have told ESA -on his claim- that you have moved in with him when you did move in. If he has not done so He should phone and tell ESA this now.

Re Housing Benefit.
Let the HB dept know that your partner has been assessed as being in the SG.
This may mean an additional premium is added to your HB.