Can I claim ESA when new partner moves in?

[sindy]

Hi,

My new partner and I have just moved in together, he works full time but doesnt earn a great deal (brings home about £1,000 every 4 weeks)

I have a 5 year old daughter and i get child tax credits.

I am also disabled and get DLA Higher rate Mobility (car) and lower rate personal care (family help me daily)

Am I entitled to claim ESA now?..as I am too ill to commit to working and will now lose income support due to partner moving in.

thanks any help appreciated

[healy]

You would not be entitled to income based ESA due to what your partner earns. If you have paid enough contributions in the tax years 06/07 and 07/08 you could be entitled to contribution based ESA. If you have not worked and paid NI in recent years you will not get ESA.

[sindy]

hmmm ok thanks...I knew I wouldn't be entitled to contribution based ESA but seeing as i'm disabled and on 2 awards of DLA then I would be entitled to it.....?? as it's not my fault I cannot work

Thanks for replying hun

[healy]

[QUOTE=sindy;26143409]hmmm ok thanks...I knew I wouldn't be entitled to contribution based ESA but seeing as i'm disabled and on 2 awards of DLA then I would be entitled to it.....?? as it's not my fault I cannot work

No DLA does not have any connection to being able to claim ESA, it is down to NI conts/circumstances.

[sindy]

oh dear don't think my partner is aware that he will have to support me 100% financially due to me being disabled and not being able to work!

It's going to be very tight

[karenx]

Remember you will have to start a joint tax credits claim and his income will be included in it, also HB if you rent privatly will have to go to a joint claim too!

[tigerlily]

Without meaning to sound harsh you are getting considerable help already (new or nearly new mobility car, tax credits, care allowance) and now have your partners income aswell. Just for reference his "not a great deal" of earnings is more than alot of people live on with out the extra help of benefits.

[sindy]

Originally Posted by tigerlily

Without meaning to sound harsh you are getting considerable help already (new or nearly new mobility car, tax credits, care allowance) and now have your partners income aswell. Just for reference his "not a great deal" of earnings is more than alot of people live on with out the extra help of benefits.

He has 4 kids he pays maintenence for aswell in a previous marriage...the care allowance (17.50 a week) goes to my family for petrol and their time to help me out......

"not a great deal" was meant as a personal feeling towards the job he does.....he's a dustman and works extremely hard in all weathers for a local council and think he should be on more for the service they provide.

Thanks for replying

[karenx]

Does he pay through the csa? He could ask for a reassesement as it might reduce what he has to pay as they will take into account your child too

[sindy]

Originally Posted by karenx

Does he pay through the csa? He could ask for a reassesement as it might reduce what he has to pay as they will take into account your child too

No he doesnt, he pays it privately.....luckily his ex takes less than the csa would demand but its still a chunk when u consider 4 kids...but thats fine...he has to pay that...we understand that

[sindy]

It seems that when I phoned the benefits helpline today they informed me that I should of claimed IB a long time ago!...but I quite clearly remember being told by the jobcentre I'd be better staying on income support because I would receive more money!......is this because they knew that IB was being replaced soon!

[LizzieS]

No they give information based on your actual circumstances at the time.

[sindy]

I think it's crazy...they are forcing permanently disabled people to seek work and possibly do more harm to their health! so that they can have some quality of life without worrying about money all the time

[DX2]

Originally Posted by sindy

It seems that when I phoned the benefits helpline today they informed me that I should of claimed IB a long time ago!...but I quite clearly remember being told by the jobcentre I'd be better staying on income support because I would receive more money!......is this because they knew that IB was being replaced soon!

Do you think maybe you were getting Income support because you were a single parent.

[sindy]

Originally Posted by DX2

Do you think maybe you were getting Income support because you were a single parent.

Yes I was a single parent and they gave me a disability premium on top of the IS, but was told that if I went on IB it would be less money to live on....I did have a choice...but I did not know that IB was going to change to ESA. If I had of known I would of switched to IB

[LizzieS]

As you say, you had a choice to take less money. Sometimes decisions made are right at the time, only later to bite you on the backside. I very much doubt many staff would be aware of ESA well in advance of its introduction.

I'm struggling with the maths here, you've lost £64pw and gained £1000pm. Possibly you would have lost some or all housing/council tax benefit, but you made a choice of love rather than money.

[sjaypink]

Originally Posted by sindy

I think it's crazy...they are forcing permanently disabled people to seek work and possibly do more harm to their health! so that they can have some quality of life without worrying about money all the time

They are not forcing you to work. They are presuming if you have a partner move in he will be aware of the situation and contribute?

Maybe you couldn't get IB because you hadn't paid enough NI?
Can you not give your car back to the lease company and have the benefit in cash instead if you think things will be that tight?

[tigerlily]

Originally Posted by sindy

I think it's crazy...they are forcing permanently disabled people to seek work and possibly do more harm to their health! so that they can have some quality of life without worrying about money all the time

There is nothing crazy about it. If a better standard of living is wanted then that better standard of living has to be paid for.....and not by the taxpayer. The fact of the matter is that your partner is moving in, well aware of the disability you have so I really dont see the issue. You are not being "forced" to work, it is your choice to have your partner move in and it is your choice to live as a couple and pool your resources. If you choose to work to improve your quality of life then power to your elbow. There are all sorts of jobs out there and it is a small percentage of people who can do absolutely none of them.

[paulwellerfan]

sorry if this is a bit harsh
you want to live with your gf..

just cause you un employed and on dvla ? or another form of income
do you not want to pay any thing towards her house hold billls..?
is that what you are trying to get away from
forgive me if i am wrong.

[sindy]

Originally Posted by paulwellerfan

sorry if this is a bit harsh
you want to live with your gf..

just cause you un employed and on dvla ? or another form of income
do you not want to pay any thing towards her house hold billls..?
is that what you are trying to get away from
forgive me if i am wrong.

I am a woman and he is quite willing to pay for everything and also pay for his previous 4 children