Partner working, can I claim ESA?

latakiahaze

As this question is not asked on the income-based section of the ESA application form, why would this be relevant to the calculation?

latakiahaze

Thanks for info but am a bit confused. Regarding income-based ESA if I am not eligibe due to partners income, does anyone know at what amount ESA would still be payable (i.e. the amount the law says a couple over 25 need to live on)? Thanks.

epitome

£111.45 per week
You won't get ESA IR
but you might get ESA C

If you tell us exactly what the situation is you might become very happy.....up to you

princessdon

latakiahaze wrote: »

Thanks for info but am a bit confused. Regarding income-based ESA if I am not eligibe due to partners income, does anyone know at what amount ESA would still be payable (i.e. the amount the law says a couple over 25 need to live on)? Thanks.

You have already been told - it is £111 per week per couple.

Low wages will be topped up via Tax Credits, Housing Benefit, Council Tax etc.

Therefore INCOME related ESA is not eligible, the amout payable is ZERO.

If you are entitled to Cont Based - then others can help, but you need to answer their question re when the last time you worked and how many hours, if you paid NI etc.

von

The basic rule regarding a partner working is that if he is working 24 hours per week or more on average there is no entitlement to ESA(IR) as the conditions of entitlement to ESA(IR) are not satisfied.

If your partner is working less than 24 hours per week his earnings will be deducted from your entitlement after £20.00 pw disregard e.g. couple rate = £111.45 per week less (earnings at £196.00pw - £20.00 disregard) £176.00 per week = £0.00.

latakiahaze

von wrote: »

The basic rule regarding a partner working is that if he is working 24 hours per week or more on average there is no entitlement to ESA(IR) as the conditions of entitlement to ESA(IR) are not satisfied.

If your partner is working less than 24 hours per week his earnings will be deducted from your entitlement after £20.00 pw disregard e.g. couple rate = £111.45 per week less (earnings at £196.00pw - £20.00 disregard) £176.00 per week = £0.00.

Thank you for your succinct answer, that answers my question fully. :j

rogerblack

latakiahaze wrote: »

Thank you for your succinct answer, that answers my question fully. :j

It can in some cases be worth claiming ESA, even though you are not paid.
Firstly, it pays your NI, if it's not paid via other means.
Secondly, it may enable you to claim back-to-work benefits if your condition improves.
Thirdly, if the unforseen occurs, you have the award in place, and it can go into payment when you would otherwise have to wait 13 weeks for the full amount.
Fourthly - access to training may be of use to some.

von

rogerblack wrote: »

It can in some cases be worth claiming ESA, even though you are not paid.
Firstly, it pays your NI, if it's not paid via other means.
Secondly, it may enable you to claim back-to-work benefits if your condition improves.
Thirdly, if the unforseen occurs, you have the award in place, and it can go into payment when you would otherwise have to wait 13 weeks for the full amount.
Fourthly - access to training may be of use to some.

Yes, it will pay your NI providing you send in medical certificates and attend medicals etc - if you're happy to do that to have your NI paid.

It probably won't enable you to claim back-to-work benefits because if you're not entitled to ESA(Cont or IR) then you're not receiving any benefits - NI credits are not a benefit for the purpose of gaining entitlement to back-to-work benefits.

If the unforseen occurs, you will not have an award in place because you you will have been disallowed both ESA(C and IR) so will have to reclaim on an ESA1 claim form.

rogerblack

von wrote: »

If the unforseen occurs, you will not have an award in place because you you will have been disallowed both ESA(C and IR) so will have to reclaim on an ESA1 claim form.

However, you will have establised Limited capacity for work, or work related activity, and will not have to undergo the assessment period.

I can't find the regulations on return to work credit at all.
I can find stuff saying what benefit it affects.
The DWP pages I';ve found are unclear as to if a 'credits only' claim counts.

Cpt.Scarlet

Roger

If you are not eligible for ESA due insufficient NI Contribultions or failing the means test, then you will not be assessed and will not be able to establish LCW, and as a consequence will not receive NI Credits, etc.