Help! ESA change of circumstances

philkeaggy

hello, i have managed to make a real !!!! of things with my esa claim.

i have been in the support group for bipolar disorder for 3 years,i have been living with my partner for over a year. but i havent informed the dwp! i know it is stupid,it wasnt intentional. i have been prescribed these god awful anti psychotics which were turning me into a zombie,and i mean i couldnt get anything done. i stopped taking them about 3 months ago and started to get my life in order,i am more stable than i have ever been, but the thought of telling the dwp what i should have last year is terrifying me.

my partner has no income,she is from the netherlands ,an eu country. and refuses to claim benefits,we have both been living off my benefits,it has been extremely tight but life has been much worse in the past.
I have been told it is just a matter of adding her to my claim,which seems straightforward enough. and it may even mean the benefit rate increases (if she is entitled to anything) but the thought i may be prosecuted for fraud is making me ill again could i be prosecuted for not notifying them of a change of circumstances,even if it meant i was getting underpaid ESA (ie single person rate) i could take a slap on the wrist,but i would rather die than go to jail. sorry for the rambling.

rogerblack

Changes of circumstance must in general be reported.
However.
What you have done may not have meant you got any more money - you won't be going to jail.
Depending on the details - adding her to your claim may indeed increase payments.

If you are also claiming DLA/PIP and have been entitled to the severe disabillity premium - then there may be a modest overpayment, as the amount you were entitled to from that is slightly more than the 'couples' amount.
If you've just been claiming 'base' ESA - your payments will go up.

If you are also claiming housing benefit - in some cases there may also be an overpayment - as it's no longer single occupant.
Again - not going to jail.

sheramber

Your partner may not be entitled to some benefits if she has not worked in this country.

helping_hand2014

is there any reason why your partner cant work in this country?

philkeaggy

im not bothered about her being elegible tbh, just dont want any more drama in my life. she can and has worked in this country. she is a dietitian. but not much call for that in our neck of the woods,and to be able to move to an area where there is will be very expensive indeed.

nannytone_2

couldnt she consider a different job? if there is no work for her in your area for dieticians, does she intend to never work again?

philkeaggy

nope, she never ever wants to work again,she tried that for 10 years after studying and training for 6 years,and decided she wants to jack it all in for a bipolar brit with no money.

she gave up her last job to look after me basically,and if she hadnt i wouldnt be around right now. now i am back on my feet so to speak she is looking around to see what is out there,which isnt much.

that is why far from intending to never work again,we plan to leave the uk for good at the end of the year,i have been offered a job working with her brothers and she plans to resume her career.

Back to my original question though,if i add her to the claim, does anybody know if the payments are suspended during the process?

eadieb

it is possible they might make you put in a new claim for esa as a couple, but this should be just a case of you phoning and asking for a change of circumstances form. You get sent out a massive form asking about who is living with you and every financial detail etc. and you send it back. Your existing claim should carry on until they process the change of circ form. you main issue may be if you are telling them she moved in a long time ago, they might want to see evidence of her income for past year. maybe want her bank statements to check what she has been living on.

Not sure about the rules with backdating a change of circumstances like that.

they will be able to check how long she has been at your address by looking at credit files and seeing if she has a bank account registered with you or car insurance etc. seems to be their favourite thing to do at the moment.

allen35

Hi Phil

If you are getting DLA and at least Middle Rate of Care component she can claim Carer's Allowance for looking after you, visit gov.uk for more details and how to claim online.

You can also request backdating up to 3 months.

Hope all goes well this year with the move and new job.