Moving in with a disabled partner and "benefits"

My partner currently lives in single story property that belongs to her family. She doesn't claim housing benefit on living there.


What is received are the mobility and care components of the DLA, as well as being in the support group of ESA.


All of the DLA and a large chunk of the ESA covers on-going treatment and dietary supplementation costs.


I carry out carer duties, but am not able to claim for this as I am earning over the threshold.


I am not currently living with my partner, I am living with a relative. I have been made aware of positions within my current organisation that are in an office in another part of the country. I thought at first that it would be a simple case of finding a new home and renting, and that a move from city to countryside would provide a better quality of live for us both, but according to my partner if we moved somewhere together they would lose all of their benefits and sadly I'm not in a position where I could afford to pay both a property rent, pay for the healthcare requirements, and support us both with food and bills.


Is it literally that cut and dry that when you earn an average wage, its you responsibility to provide all the funding and care for disabled partners? Because of the care needs, moving away on my own wouldn't be an option because I would not be able to fulfill my duty of care.


I am guessing that the answer is that if I am not earning enough to support us both out of my income, then I stay working where I am now and we both stay in our separate homes - but just wanted to check in case I am missing anything. Thanks in advance :)
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  • pmlindyloo
    pmlindyloo Posts: 13,083 Forumite
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    Mackle wrote: »
    My partner currently lives in single story property that belongs to her family. She doesn't claim housing benefit on living there.


    What is received are the mobility and care components of the DLA, as well as being in the support group of ESA.


    All of the DLA and a large chunk of the ESA covers on-going treatment and dietary supplementation costs.


    I carry out carer duties, but am not able to claim for this as I am earning over the threshold.


    I am not currently living with my partner, I am living with a relative. I have been made aware of positions within my current organisation that are in an office in another part of the country. I thought at first that it would be a simple case of finding a new home and renting, and that a move from city to countryside would provide a better quality of live for us both, but according to my partner if we moved somewhere together they would lose all of their benefits and sadly I'm not in a position where I could afford to pay both a property rent, pay for the healthcare requirements, and support us both with food and bills.


    Is it literally that cut and dry that when you earn an average wage, its you responsibility to provide all the funding and care for disabled partners? Because of the care needs, moving away on my own wouldn't be an option because I would not be able to fulfill my duty of care.


    I am guessing that the answer is that if I am not earning enough to support us both out of my income, then I stay working where I am now and we both stay in our separate homes - but just wanted to check in case I am missing anything. Thanks in advance :)

    First of all DLA is not means tested so if you lived together these would continue.

    If your partner's ESA is contribution based then this would also not be affected by either your savings nor income. Therefore your first step is to find out whether it is income based ESA or not.

    If it is income based ESA then your income and savings would be taken into account and they would probably lose their ESA.

    As a couple you would both be entitled to apply for Housing Benefit and Council Tax reduction (depending on income and savings)

    You can put both your details into the benefits calculator on https://www.entitledto.co.uk for an idea your entitlements.

    If you work 30 hrs a week or more then you may also be entitled to working tax credits.
  • Hi, thanks for that! :)


    I will ask if it's contribution or income based. I filled out the link that you put, and as a couple it would only be the DLA that there was eligibility for. As the cost of care considerably eats in to the ESA, it doesn't look like this is going to be economically viable to consider at this moment in time sadly.
  • In principle housing benefit might be payable, if it's properly setup by the family, and there is a legitimate market rent paid.
    She cannot claim HB - you might be able to.
    This would be rent paid to the family. I'm assuming there is no legal right for your partner to live in the property.
    It would only be valid if it's at market rates or similar - and there is a real chance of you being evicted if you don't pay.
    It cannot be conditional on you receiving HB.
  • I assume that she gets at least mid rate care DLA. If so there is a not well known rule about partners of incapacitated people only needing to work 16 hours per week in order to get WTC & she may also get other premiums for both council tax/housing benefit too.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
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    I assume that she gets at least mid rate care DLA. If so there is a not well known rule about partners of incapacitated people only needing to work 16 hours per week in order to get WTC & she may also get other premiums for both council tax/housing benefit too.

    It doesn't matter what rate of DLA someone gets.
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  • She is in the support group which is counted as contribution based ESA which would be unaffected by your income. And her DLA is unaffected as others have pointed out.
  • She is in the support group which is counted as contribution based ESA which would be unaffected by your income. And her DLA is unaffected as others have pointed out.
    If she didn't have any contributions before claiming it could be income based still surely?

    And even if it is conts based ESA-Support, she may well have an Income Related Enhanced & Severe Disability Premiums.
  • If she didn't have any contributions before claiming it could be income based still surely?

    And even if it is conts based ESA-Support, she may well have an Income Related Enhanced & Severe Disability Premiums.

    Thanks, you're quite right.
  • sunnyone
    sunnyone Posts: 4,716 Forumite
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    She is in the support group which is counted as contribution based ESA which would be unaffected by your income. And her DLA is unaffected as others have pointed out.

    Being in the support group doesn't automatically Mean you are on contributions based ESA, in fact many people change over to income based because of the premiums available to people awarded into the support group.
  • sunnyone wrote: »
    Being in the support group doesn't automatically Mean you are on contributions based ESA, in fact many people change over to income based because of the premiums available to people awarded into the support group.
    It's impossible to 'change over'.
    If you are entitled to CESA, you are entitled - if you are also entitled to IR-ESA, this may be paid on top - it doesn't mean that you've stopped claiming ESA(C).
    Indeed - there are not two seperate benefits.
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