Can husband and wife both claim ESA?

Cyclamen

Hello,

My husband has sadly and reluctantly had to leave work due to his health. He has been hanging on as long as possible but sadly its happened.

I already get contributions ESA and PIP.

He has been making the normal NI payments.

I have been googling and reading the various sites, I've been to a benefits checker but am still unclear so thought I'd ask here please.

Would he be entitled to his own ESA contributions based claim or do we have to do a joint claim?

Thank you

sammyjammy

He would have his own contributions claim, assuming he is entitled. They may "link" the two claims but the amount of money due would remain the full entitlement for contribution ESA based on your individual claims.

Cyclamen

Thank you Sammy.. that is what I thought but was unsure as turn2us stated income support was better than ESA. But I wonder if it only counted income related benefits not contributions.

pmlindyloo

Reading your other posts it seems that your husband also gets PIP. Are you or he or both of you claiming Carer's allowance?

I suggest that you get a benefits check from CAB as it is possible that one of you should be claiming income based ESA and the other added onto this claim as this may give you more money.

There may also be an alternative for one of you to claim Income Support and the other added on to the claim if one of you or both of you claim Carer's Allowance.

There are pros and cons to the different scenarios so it is vital that someone advises you of the best type of claim.

Cyclamen

Hello Pmlindyloo

My husband claims carers for me and absolutely deserves it, definitely doing 35 hours.
I know I could claim for him but at this time I don't feel I do 35 hours of care tasks.. so havent. I am absolutely terrified of getting into trouble so always declare everything an dwouldnt feel comfy claiming carers.

I have a small 'ill health retirement' pension so that stops income related ESA I believe ..I am on contributions in the support group.

We have applied for income support.. we were the last day before universal credit started by luck not judgement.

I am confident he fits WRAG ESA criteria but think support would be a fight. I have read that contributions ESA for WRAG is only a year long.

I think popping to CAB would be good idea thank you.

Its a bit tricky for wheelchair access and I'm limited to how long I can sit up and wait.. I'll have a look though and try an dget there in next few eeks.

We are both quite upset about closing the business but it was just too much.

I hate being reliant on benefits.. as I am sure we all do.

Thank you

Alice_Holt

Yes. If in the WRAG group contribution - based ESA stops after 365 days, and an income-based assessment is then made. If in the SG it can continue indefinitely.

Give the CAB a ring / email, explain your circumstances and see if they can arrange an appointment time for a benefits check.
Income Support is a means tested benefit and would look at household income. Your husband may be better off with his own contribution-based ESA claim (at least for a year).
Have you tried the online benefit calculators?

I assume your pension is under £85pw?

Are you getting help with Council Tax?

Cyclamen

Alice.. yes pension is sady below the £85pw.. I still feel bitter about this as at time of applying I was as poorly as I am now but because the medical reports had a date outside 6 months I only got a part pension.. However its good to have some income that I feel I have earnt.

We used the turn2us benefit calculator..but it didnt seem to consider contributions based ESA.

Council tax.. yes we get help.. the council seem to send us a letter every few weeks with a different figure so its not very clear. Thankfully we paid a lump sum in April we had saved towards it so I can rest easy for now.

I will try contacting CAB for an appointment but last time it was a drop in 'assess the problem' clinic before they gave you an appointment.

Thank you

Alice_Holt

It's possible they might be able to do the 'assess the problem' gateway bit over the phone if you explain difficulties of getting in for a drop in session.

epitome

That advice to claim Income Support may not have been the best advice.

A claim in his name for ESA Conts could have been the best way to go (assuming he satisfies ESA Conts tax year earnings requirements). If he satisfies the conts criteria he would have got £73.10 per week ESA C but his Carers Allowance would have reduced to £0.00 and underlying entitlement.
He would eventually have a medical:

If he goes into WRAG
He would get £73.10 a week for 1 year from start of claim and no more
If he goes into SG
He would get £109 a week for as long as he stays in the SG.

If he had done this, you could have asked for an ESA3 to add him to your ESA claim, however see below note ##**

As he claimed Income Support all your income will be removed from his Income Support, and his own income i.e. Carer's Allowance will also be removed (except PIP/DLA), but he would get a couple rate disability premium on his Income Support of £46.40 which is not available on ESA IR, Additional premiums on IS or ESA IR would depend on what rate yours and his PIP Daily Living is standard or enhanced?

And if he claims ESA C and is awarded it... then you would get potentially more entitlement in your ESA IR or his Income Support claim Although I am not sure if a claimant can claim Income Support and ESA Conts at the same time. I don't think it can be done due to the ESA requirement of "Must not be entitled to IS".

note ##**
You also mentioned the "Universal Credit Full Service Area" (UCFSA) has now landed in your postcode? If that is the case, then closing the Income Support and you asking for an ESA3 *could* *theoretically* mean that your ESA3 request is passed on to Universal Credit and will be treated by UC as a claim for UC (along side your existing ESA C, would become ESA C NewStyle)
https://www.gov.uk/guidance/universal-credit-full-service-and-live-service


If you are in a UCFSA he can still withdraw his claim to IS, and claim
"UC ESA C NS only"
And you can ask for an ESA3 on your ESA claim and they probably will not refer your case to UC.


My questions to you are:

What rate is yours and his PIP Daily Living? standard or enhanced I need to know both yours and his

Are you in a UCFSA?

Do you both live with anyone else? Who? Are they also in recept of PIP DL or DLA Care? if so, at what rate?

Potentially, If he is entitled to ESA C or ESA CNS
You could get on your ESA IR claim (if allowed) and if PIP awards are ok
Personal Allowance £114.85
Support Grp £36.60
Severe Disability Premium of approx £124
Carer premium £34.95
(less his ESA C award and your Occ Pen and anything else.)

Cyclamen

Thank you Epitome that must have taken a while to post I appreciate it.

I am having trouble following this .. it's my problem nothing to do with your writing style... just one of the symptoms in my collection. So I'll read it back later and try and work things out.

Income support.. yes they took my ESA and carers off the amount we thought he'd get. We gave the work accounts over to the lady in job centre. We are waiting to hear but it doesn't look like much. So some belt tightening going on here. However I'd far rather a healthier husband than money.

If he claimed ESA I doubt he'd get support group although it where i think he should be he should get wrag.. but at the moment I think he just needs some time to transition from working to not.

We were told Working tax credit carries on for 4 weeks? This will help. He phoned the day he closed straight after calling HMRC.

In all honesty I haven't even started to get my head around universal credit. I need to do some reading up.. whilst he was working I didn;t think it would affect us..but now i need to work things out.

Your questions.

My PIP is enhanced Daily living and mobility. Husbands PIP standard daily living. I am on ESA contributions support group.. he has enough 'credits' for contributions benefits.

UCFSA - yes as far as i was told and checking website this has now happened in my job centre.

We live together with no 'extras'.

he receives carers allowance for supporting me. I don't claim for him as I don't do 35 hours 'care stuff' so am not eligible.

We are both 'not-so-good' at the moment so feel just letting things happen for a few weeks might be the best way for us, in an ideal world we'd be on top off this but well it's not ideal.

All help appreciated as the whole ting is quite daunting. I am off to read up on ESA criteria over next couple of days to see if he would qualify.

Alice_Holt

Go to your CAB for advice.

Claiming IS will not maximise your income (see post 6).

Your husband would have been better to claim "new style ESA" i.e. CB based. He needs a fit note from his GP to do so.

On legacy benefits because both of you are in receipt of PIP Daily Living you both may be entitled to the £62pw Severe Disability Premium.
However, under UC these disability premiums are not payable. Disabled couples are considerably worse off under UC.
http://www.poverty.ac.uk/report-disability-un-government-cuts/disabled-people-%E2%80%98worse-off%E2%80%99-under-universal-credit

Why did you claim IS?
If you are now in a UC full service area, you situation is very complicated. You need:
- to see if you can 'undo' the IS claim and your husband claim new style ESA instead,
- to understand what constitutes a change that forces you on to UC (and try to avoid it),
- get a 'better off' benefits check to establish which is the better option for you,

Please, please get accredited benefits advice. You are potentially missing out on the best option by not doing so, and trying instead to interpret posts from a public site.

Go to your CAB or another advice agency.