Esa and working partner?

Mupette

Was chatting to OH's neighbour last night..

He told me he gets ESA (don't know which one) and that the job centre told him, his wife can work and they would not loose his ESA.

The do have 4 or 5 kids... i loose count.

With his dodgy back, fully redecorated home (twice this year because she didnt like it the first time around) and brand new french windows (council property they havent bought it)

makes me wonder they must be bringing in lots of money..

Is he right, one can claim ESA whilst partner works?


The reason i ask is that next year i will be getting married, and i have been trying entitled to, to see what me and OH would have and what i would loose, ESA doesn't get mentioned really (I am income and in support group).

I was at the assumption that i would loose my ESA.

who is right?

NASA_2

The ESA claim will continue but if the work is full-time and they are only entitled to ESA(IR) then they will not receive money. It will be a credits only claim.

ESA is basically two benefits in one ESA(C) and ESA(IR).

That is why the ESA(C) will always continue as it is a personal benefit.

Mupette

Ok so let me see if i have this right..

mine ESA (IR) will stop when i marry.


neighbour i dont think has worked in a very long time, i think he said he has been on ESA for about 5 years... she doesn't work full time, tbh i think she does cleaning, van pulls up in the evening and she gets in, although they have both been seen to get in may a time. (yes i do think they are on the fiddle, but i don't have substantial proof)

Up until last november (they got married then) i know she claimed as a single mum on IS, but he has lived with her for a few years, he isnt recognised by the council as living there as her ex was still on the rent book, the couple claim it is all sorted and the new husband is now on the rent book. (rubbish)

we know this last bit to be rubbish as we have issues with the fence it is falling down and looking at OH's deeds (home owner) he can see he is not responsible for the fence, the council is... (usual guff no money so we won't come and fix it, and each time OH has mentioned the guy's name, they have no knowledge of him living there.

Ok so i may have issues with the neighbour when i think they are on the fiddle, and with him claiming ESA (i don't believe he should as this dodgy back isnt as bad as he claims, i've seen him hoof things around that a bad back wouldnt allow)



Yes i am disgruntled as next year i will loose my ESA and severe disability money too, we won't be able to claim carer's either, i will only be left with DLA (if this is right and the law they so be it... as people will say i have to live with it, and am at that stage that i want to try and go back to work.. if i can find something that is within my means to cope with.)

But when you know someone is on the fiddle it seems unfair to those who do things the right way.

NASA_2

Of course it is unfair.

If you suspect them of being on the fiddle then you can report that. If the work is part time it still has to be declared by them to DWP and the money they receive reduced or extinguished.

Mupette

NASA wrote: »

Of course it is unfair.

If you suspect them of being on the fiddle then you can report that. If the work is part time it still has to be declared by them to DWP and the money they receive reduced or extinguished.

Don't worry a call was made a few weeks back :whistle:

If they are on the fiddle and get caught they only have themselves to blame, i don't believe they are innocent.



As for me, i'm happy to give up the benefits i recieve, life will be hard, but i know i am doing the right thing. the financial changes have already started... aka just going through monthly bills and reduceing what i can now... and making OH do the same with his..


And quite frankly getting sick of MS ruling my life, i want my life back, a few years ago i said i would take a step back from life to try and manage this illness.. and now feel that i want to do something.
I understand there isn't many jobs about, even less when you have 'difficulties' but have since found that there is an agency that helps disabled, so tomorrow i will be ringing them (only found out last night) and see if they can help me. wish me luck

merlin68

Surely if there married, the housing benefit claim would be joint. therefore the council would know he was living there. With the ex being on the rent book, I don't think it's that easy to remove someone's name of a tenancy, unless you go to court. If your on ESA you can get it when married but not if it's income based. The rules changed now I believe, so after the medical you will only recieve it for a year.

merlin68

Found this.
How do I remove someone else from a joint tenancy?

The Council has no powers to remove one tenant’s name from a joint tenancy.

The County Court can make orders that one person’s name be removed from a tenancy or that a tenancy be passed to someone else. You can speak to your Housing Officer| for initial advice but you will also need to speak to a solicitor.

One joint tenant can end the tenancy by serving a notice to quit on the Council. This would mean that the tenancy ends and any remaining joint tenant would no longer be a tenant. They may be entitled to a new sole tenancy of the property but only if the property is suitable, for example, it is not too big for them.

Mupette

he failed for dla that i do know.

But he isnt the type to stay on a benefit if he wasnt getting the money for it.

The ex moved to scotland and married a few years back.. and so they claim by that point he was approacable to get his signature?

The council have no knowledge of the new married neighbour, it's still just in her name and her ex.. so unless he is claiming at a different address...

Mabelpye

I was on ESA and married with my husband working full time. I was on the contributions based side. only reason why I've stopped claiming is because I started Maternity Leave in July.

I have M.E and fibromyalgia, and was claiming DLA & ESA, after a long fight and struggle.

sunnyone

Mupette wrote: »

Ok so let me see if i have this right..

mine ESA (IR) will stop when i marry.


neighbour i dont think has worked in a very long time, i think he said he has been on ESA for about 5 years... she doesn't work full time, tbh i think she does cleaning, van pulls up in the evening and she gets in, although they have both been seen to get in may a time. (yes i do think they are on the fiddle, but i don't have substantial proof)

Up until last november (they got married then) i know she claimed as a single mum on IS, but he has lived with her for a few years, he isnt recognised by the council as living there as her ex was still on the rent book, the couple claim it is all sorted and the new husband is now on the rent book. (rubbish)

we know this last bit to be rubbish as we have issues with the fence it is falling down and looking at OH's deeds (home owner) he can see he is not responsible for the fence, the council is... (usual guff no money so we won't come and fix it, and each time OH has mentioned the guy's name, they have no knowledge of him living there.

Ok so i may have issues with the neighbour when i think they are on the fiddle, and with him claiming ESA (i don't believe he should as this dodgy back isnt as bad as he claims, i've seen him hoof things around that a bad back wouldnt allow)



Yes i am disgruntled as next year i will loose my ESA and severe disability money too, we won't be able to claim carer's either, i will only be left with DLA (if this is right and the law they so be it... as people will say i have to live with it, and am at that stage that i want to try and go back to work.. if i can find something that is within my means to cope with.)

But when you know someone is on the fiddle it seems unfair to those who do things the right way.

If you were not sick and were a single mum you would lose your benefit too, thats the way it is, all means tested benefits go on household income and since your OH works full time your benefits will disappear unless he is on a very low income or your son stays on in education and you are still entitled to CTC.

If you had been on contributions based ESA you would be fine and be able to claim ESAC for as long as you are eligable, have you considered self employment paying your own NI contributions (even though you dont have to due to low earnings etc.) to enable you to claim ESAC in years to come if you cant find a job? Or something else along those lines.

You need to think about the future because like a lot of us you wont get any better and you will most likely need the support of sickness benefits in the future.

Yes fiddlers need stopping, I dont think anyone will argue with you their and you have done the right think in reporting them but it still dosnt change your situation.

Mupette

sunnyone wrote: »

If you were not sick and were a single mum you would lose your benefit too, thats the way it is, all means tested benefits go on household income and since your OH works full time your benefits will disappear unless he is on a very low income or your son stays on in education and you are still entitled to CTC.

Rightly so, i would not be entitled to single parent benefits next year either... tax credits will be going, csa will change or go

If you had been on contributions based ESA you would be fine and be able to claim ESAC for as long as you are eligable, have you considered self employment paying your own NI contributions (even though you dont have to due to low earnings etc.) to enable you to claim ESAC in years to come if you cant find a job? Or something else along those lines.

I thought child benefit was the key benefit for NI contributions or did i get that wrong.. sure was told that at the benefits office years ago, if true i have 16 years worth lol

You need to think about the future because like a lot of us you wont get any better and you will most likely need the support of sickness benefits in the future.

Yes fiddlers need stopping, I dont think anyone will argue with you their and you have done the right think in reporting them but it still dosnt change your situation.

I'm thinking about the future, i know OH won't be able to support the both of us, his company are lousy at paying on time.. and a 3rd of his wage will be the rent on my home.. I'm hoping we will still get the disabled bit of council tax, (maybe)

yes i know i won't get any better, but i don't think i am doing myself anygood feeling like i am rotting at home.

I wouldn't know where to start with self employment.. what talents i had (I.T. Engineer - fully qualified) are, a distant memory now, brain function isnt as great as it was, kinda resigned myself to a supermarket job on the tills (nothing wrong with that) although would dread that in winter when those who cough and splutter and sneeze, give me their germs and i'm laid up for a week or so..

I don't feel ready to work, but I do want to work.. longer i leave it the worse it's going to get.

Oh i am not sure what to do, just know that we will be worse off, and i want/need to help financially.

This is why i thought if i tried an agency like Remploy i would have a safty net, not get treated like !!!!!! like the last company i worked for because they had no training with disabled staff (there were disabled staff and each one told me the horror stories their lives were working there).. made me feel worthless and i just had to leave, couldnt take it anymore.