ESA related question, very confused, please help!

rhubarbarella

Hi, sorry to be asking another ESA question, there seem to be thousands but I cannot find the answer I need and am very confused. I have been asked to post as I mentioned I used this site a lot when I needed advice. You good people have done me wonders before so hoping you can help me again!
Right. here is a situation for you. I think I have all the relevant info.
A couple, unmarried, no kids.
One of the couple has physical health problems and was transported last year from IB to ESA. This person attends a full time FE course, with approval from benefits people. They receive a mixture of contribution and income related ESA for both of them in the couple, but the claim is in their name.
The other half of the couple has been out of work for 3 years. They have significant mental health problems. They receive DLA and carers allowance for assisting their partner with their physical health needs. No other benefits are in their name but they are the named partner on other claims
Due to the ESA they also receive housing benefit and council tax.
The partner with mental health problems would like to try working one or two days a week to see how they cope as they have become very socially isolated since the onset of their mental health disorder and through caring.

What would happen in this situation regarding their benefits? I am concerned for them as I feel they want to do the "right" thing which to them is trying to work, but the mental health issue is not very well controlled so I am unsure if they could actually hold down a job. They state they would like to work in a shop a couple of days a week in order to meet people.

How would this person working affect their benefits, both individually and as a couple? Would they lose everything, some, none? They have asked me for advice, but I really don't know the answers, and they don't wish to post in their own name due to paranoia of the partner with mental health issues.

I hope you can offer some advice, if you need further details I will try and find out and get back to you with them

Thank you

elaine12022

Does this help? https://www.gov.uk/employment-support-allowance/eligibility. It sounds like this is a joint ESA claim, one person is the primary claimant. Same conditions apply to both people on the claim.

Working and claiming ESA

Usually your ESA isn’t affected if you:

do volunteer work
work and earn up to £20 a week
work and earn up to £99.50 a week doing work supervised by someone from a local council or voluntary organisation
work less than 16 hours a week, earn up to £99.50 a week for up to 52 weeks
This is called ‘permitted work’.

You can also do ‘supported permitted work’ for less than 16 hours a week and earn up to £99.50 a week for up to 52 weeks.

Supported permitted work is supervised by someone from a local council or a voluntary organisation whose job it is to arrange work for disabled people.

But they would have to tell the DWP and it's possible it could affect carer's allowance or DLA, so they need to check with the DWP/Jobcentre.

rhubarbarella

thanks, thats a great help. I was worried they would jump right in and wind up losing everything which I don't think would do either of them any favours. But it sounds like they may be able to look into this further, so long as they inform relevant depts and not lose everything, although my understanding now is that it could trigger a reassessment and/or reduction in benefits.
I have done some research online and it appears if the earnings or hours were more than 16 and thus they stopped claiming esa, council tax and housing benefit they could make a claim for disabled working tax credit? Is this correct?
Thanks again, and any further input is welcome

Cpt.Scarlet

Pemitted/Supported work only applies to the main claimant not the partner.

As they are receiving CA they can earn upto £100 per week after deductions, however, I believe any income will be then deducted from the income related ESA although there may be a disregard. If the EAS(IR) is completely eroded then anything dependant on it, the Carers Premium for one, will also be lost.

They need to get proper advice before proceeding with this, from someone who can give them an accurate forecast of what will happen, local CA or Welfare Rights office should be able to help.