Claiming esa and partner working part time

madonion

Hi, I'm looking for advice about ESA. I've been claiming income based Esa for just over a year and I'm in the WRAG group. I intend to move in with my partner within the next couple of months but I'm worried about our financial situation. He works 20 hours per week on £10,000 per year so not entitled to working tax credits. I have 2 children so I would be able to claim child tax credit but I'm not sure how much housing benefit/council tax benefit we would be entitled to. Does anyone know if I would still be entitled to ESA?
Thanks.

pmlindyloo

madonion wrote: »

Hi, I'm looking for advice about ESA. I've been claiming income based Esa for just over a year and I'm in the WRAG group. I intend to move in with my partner within the next couple of months but I'm worried about our financial situation. He works 20 hours per week on £10,000 per year so not entitled to working tax credits. I have 2 children so I would be able to claim child tax credit but I'm not sure how much housing benefit/council tax benefit we would be entitled to. Does anyone know if I would still be entitled to ESA?
Thanks.

When you move in with your partner all means tested benefits will be affected by both your incomes and savings, including tax credits.

Therefore you will lose you income based ESA.

Put your details into the calculator here

http://www.moneysavingexpert.com/family/benefits-check?_ga=1.197905259.514560028.1409688314

To get a good idea of your entitlements.

madonion

No, I don't receive DLA or PIP just income based ESA. I know that I'm not going to be entitled to working tax credits because my partner only works 20 hours. I tried to use the turn to us calculator but there was no mention of ESA and I was hoping that's wrong!

madonion

I did the benefits calculator above and it seems that I would no longer be entitled to ESA. I doubt that I would qualify for PIP as I claim ESA for epilepsy/seizures.
I just thought that on my partners low wage I would still be entitled to something. I'm not sure if it would be worth going to the CAB office and having it double checked.

Indie_Kid

http://www.epilepsysociety.org.uk/pip-assessment-criteria#.VAY_t2NbXAk

Has some useful information on PIP.

If he rents, he may be able to claim housing benefits as a couple and possibly some council tax benefits.

froo_gal

I think you will be abe to claim WTC when you move in together under the exception to the 24 hour rule that you, the non-working partner is incapacitated? You will lose ESA money due to partners wage but will still be 'incapacitated until you fail WCA - someone please correct me if I am wrong!

http://www.newcastle.gov.uk/sites/drupalncc.newcastle.gov.uk/files/wwwfileroot/benefits-and-council-tax/welfare-rights-and-money-advice/fs7_working_families_and_tax_credits_exceptions_to_the_working_tax_credit_24_hour_rule_for_couples.pdf

froo_gal

Blondebubbles - is a 'limited capability for work credit' not the same as the situation the OP will find herself in...ie a credits only ESA claim...? She will obviously have satisfied the 28 week rule having exhausted C ESA...?

OP please see CAB or other benefits advisor to check your entitlements!

froo_gal

Have just re read the link you posted Blondebubbles and yes, right at the bottom, in note 2, it does say that they are the same thing

I think you can claim WTC under this exception Madonion though you may have to quote the guidance Blondebubbles posted to them

froo_gal

Isn't it the case that ANY award of main phase ESA - be it Contibutions based or Income Related, would enable the use of this exception? When they move in together, the ESA (IR) payment will cease due to the partners wage and the underlying ESA claim will then revert to credits only, until the OP fails a WCA or ends the claim...it is somewhat alarming, the number of people on the end of the phones at tax credits who are not aware of this exception to the 24 hour rule for families with children where one partner is incapacitated...

madonion

Thanks for the advice everyone. I'll make an appointment at CAB on monday. My seizures leave me feeling confused at times so I can't concentrate well enough to figure out the benefits situation.