Moving a partner in whilst on esa

Tasha86

Hi, my partner lost his job in jan and also has to move out of his friends at the end of the month where he’s been lodging, we have decided he is to move in with me and my daughter.

he doesn’t claim any benefits and has no work at all at the moment, what do I need to do? Can I just add him onto my esa claim if he is still out of work or will it change to UC? Or if he has found work would he claim for me??

I currently receive esa, housing benefit, tax creds and child benefit

calcotti

I think the situation is this. You would be able to add him to your ESA and HB claims because this is a change of circumstances which does not require a new claim. However for Tax Credits changing from a single claim to a couple would require a new claim which you are no longer allowed to make, and you cannot continue your single person Tax Credit claim if you become part of a couple.

You have two options:
1) close your tax credit claim and add him to your HB and ESA claims but this is obviously going to reduce your income significantly

2) you and your partner claim UC which will end your HB claim (after 2 weeks), your Tax Credits claim and your income based ESA claim. Any contribution based ESA would continue but would be deducted in full from your UC entitlement.

I suggest you use a benefit calculator to see what you might get https://www.entitledto.co.uk

If you currently have a 25% single adult discount on your Council Tax (if your daughter is not an adult) you must inform the council when he moves in and will lose the discount. This may not matter too much if most of your Council Tax is covered by Council Tax Reduction.

The above advice assumes you are not getting DLA or PIP and therefore do not have a Severe Disability Premium in your existing benefits.

If he has previously paid NI your partner may be able to claim new style JSA for six months but this will be taken into account as income for any means tested benefits.

Tasha86

Thanks calcotti!! I’m actually awaiting a tribunal hearing regarding pip.....

calcotti

Tasha86 wrote: »

Thanks calcotti!! I’m actually awaiting a tribunal hearing regarding pip.....

I've thought about this a bit more since my previous post.

If you were getting the daily living part of PIP then, in your current situation, you would qualify for a Severe Disability Premium in your ESA (assuming your daughter is not an adult). People who have an SDP in an existing benefit are excluded from claiming UC if they continue to be entitled to the SDP. However as soon as your partner moves in you would lose SDP entitlement anyway so I think you would still be forced to claim UC rather than add your partner to your ESA.

If your tribunal is successful and you are awarded Daily Living part of PIP it will be backdated to the start of your PIP claim. You should be able to ask for your ESA award to be reviewed from the date the PIP entitlement starts and get an arrears payment of any SDP due.

If you get the Daily Living part of PIP your partner can be treated as your carer if he looks after you 35 hours/week and this will mean he can claim Carers Allowance or, if you are getting UC, get an additional carer element included in the UC award. There is little point in claiming Carer's Allowance if getting UC because the CA is simply deducted from the UC.

I do recommend that you use a calculator and/or get advice to look at the different entitlements you may have with different benefit combinations. My instinct is that the loss of the Tax Credits will such that you have to claim UC but only calculation can confirm whether that is the case.

Tasha86

Thank you soo much, sorry I forgot to reply that my lil 1 is 12, your right and I agree that will be the option to follow regarding uc, as I can’t afford to lose tax credits (this based on him still having no job)

Oh what a muddle our system has become!!

Would it be illegal and could I be prosecuted if he was to move in and I not say anything until my pip tribunal is over and done with.... this is with him not earning/claiming or bringing anything into the house at that time being??? Would it be better me doing that??

Just thinking of my options n when to take actual action for the change

poppy12345

Tasha86 wrote: »

Would it be illegal and could I be prosecuted if he was to move in and I not say anything until my pip tribunal is over and done with.... this is with him not earning/claiming or bringing anything into the house at that time being??? Would it be better me doing that??

Just thinking of my options n when to take actual action for the change

You can't do that, all changes must be reported, when he moves in.

TELLIT01

Tasha86 wrote: »

Would it be illegal and could I be prosecuted if he was to move in and I not say anything until my pip tribunal is over and done with.... this is with him not earning/claiming or bringing anything into the house at that time being??? Would it be better me doing that??

Just thinking of my options n when to take actual action for the change

You have to report any change of circumstance immediately it happens or there is the potential to be accused of benefit fraud. Although he isn't bringing in any money, there may be benefits you are receiving because you are claiming as a single person. Council tax reduction is one example.

calcotti

Have to emphasise what poppy and TELLTALE have already said. You must report changes of circumstances to all relevant benefit departments. No matter what financial stress you are under getting investigated for fraud and possibly having benefits suspended will only make things worse.

Tasha86

Many thanks guys, I will sort everything out as and when it unfolds then, better things to be sorted sooner rather than later I suppose!

Do I tell them a week or 2 in advance or from actual date?? Does this matter??

poppy12345

Tasha86 wrote: »

Many thanks guys, I will sort everything out as and when it unfolds then, better things to be sorted sooner rather than later I suppose!

Do I tell them a week or 2 in advance or from actual date?? Does this matter??

As previously advised, from the date your partner moves in.

Tasha86

Sorry poppy what I meant to say was would it be better or an advantage to tell them in advance.... but thanks for your second reply