Can anyone help with the issues re ESA and getting married?

Littlemissy

I am so confused?? I've been to the CAB for advice and told flatly that I'd lose all my ESA if I got married, the advisor also phoned the ESA people during my visit and confirmed it with them. At the time I thought it was crazy or at least very unfair to give out an award like ESA, and then take it all away for the sake of making a moral and religious commitment to someone else which, last time I checked, everyone had the right to do without the possibility of threat or discrimination. I've already found it tremendously difficult to deal with the fact that any freedoms or liberties I had to make my own money, and make opportunities for myself, have been taken away because of my illness and I'm now having to rely on the government, so I don't see how they think it's ok to stick their beak in any more and start dictating to people what they can and can't do with things concerning life choices. Anyway, it's unlikely when I got married that my husband would be able to live with me as I live in an adapted property, and he's has two older children with him. I've heard that if you don't live together then you will not lose your ESA if you got married but it seems to be a very grey area, any advice? I didn't qualify for contribution based ESA as of course the NI stamps criteria only benefits those who've been working for longer or earning higher salaries, fair enough when you consider how much NI you have to pay but I'd been working straight for 25 years before I was diagnosed so I don't worry about claiming what I have already.

KxMx

Can you confirm you are on the WRAG of ESA? In which case the advice is right.

Those getting Income Related ESA in the WRAG would be expected to have their working partner support them.

It is indeed a grey area being married & living separately. Perhaps someone would be able to give more specialised advice about this.

I'm surprised working for 25 years didn't make you eligible for CB ESA- but that in the WRAG only lasts for a year, after which time you have to apply for IR, which means you'd be back to square one.

[Deleted User]

Littlemissy wrote: »

I am so confused?? I've been to the CAB for advice and told flatly that I'd lose all my ESA if I got married, the advisor also phoned the ESA people during my visit and confirmed it with them. At the time I thought it was crazy or at least very unfair to give out an award like ESA, and then take it all away for the sake of making a moral and religious commitment to someone else which, last time I checked, everyone had the right to do without the possibility of threat or discrimination. I've already found it tremendously difficult to deal with the fact that any freedoms or liberties I had to make my own money, and make opportunities for myself, have been taken away because of my illness and I'm now having to rely on the government, so I don't see how they think it's ok to stick their beak in any more and start dictating to people what they can and can't do with things concerning life choices. Anyway, it's unlikely when I got married that my husband would be able to live with me as I live in an adapted property, and he's has two older children with him. I've heard that if you don't live together then you will not lose your ESA if you got married but it seems to be a very grey area, any advice? I didn't qualify for contribution based ESA as of course the NI stamps criteria only benefits those who've been working for longer or earning higher salaries, fair enough when you consider how much NI you have to pay but I'd been working straight for 25 years before I was diagnosed so I don't worry about claiming what I have already.

How is expecting your spouse to provide for you discriminating or threatening?

Ames

KxMx wrote: »

Can you confirm you are on the WRAG of ESA? In which case the advice is right.

Those getting Income Related ESA in the WRAG would be expected to have their working partner support them.

It is indeed a grey area being married & living separately. Perhaps someone would be able to give more specialised advice about this.

I'm surprised working for 25 years didn't make you eligible for CB ESA- but that in the WRAG only lasts for a year, after which time you have to apply for IR, which means you'd be back to square one.

It depends how long the OP waited in between giving up work and claiming ESA because of needing to have contributions in the right years. In particular people who go part time are stung and miss out on contribution based benefits.

KxMx

True Ames, thank you.

I've realised since posting that for IR ESA the group is immaterial, so a working partner would be expected to support someone in the WRAG as well as in the Support Group.

OP if i was you i'd look for advice on that complex grey area, married but not living together.

epitome

When did your ESA start?
Did you claim Carers Allowance to care for someone just before the ESA was claimed?
When did you stop working?
Were you employed or self employed?
Roughly how much were you earning before you stopped work?


Regarding the "not living together" that is a bit complicated, I may or may not be able to find out a definitive answer.

TELLIT01

You don't have to be living in the same property in order to be classed as a couple for benefit purposes. Each case is different and will have to be looked at in detail by a Decision Maker to determine how the claim should be treated.

As a general rule though, if a couple marry or live together and the person claiming benefits has an Income Related claim, all household income is considered as couples are expected to support each other.