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Rubyroobs

A friend has been recently widowed. They were on a joint income related ESA claim with his deceased wife being the main claimant. they both get PIP. I think they should have been getting sdp's on the claim but weren't. Now the wife has died and my friend is worried about having to be transferred to UC. Will he be able to stay on a single ESA claim. He has never had a capability for work assessment as the claim was in his wife's name. He has numerous health conditions. Would it be a new income related ESA claim or switch to UC ?

calcotti

He will not normally be able to make a new ESA claim. He will have to claim UC. He should obtain a Fit Note from his GP confirming that he is too ill to work. He should thenbe referred for a Work Capability Assessment. When he gets the health questionnaire he should seek help if he is unable to complete it on his own.

https://www.citizensadvice.org.uk/benefits/universal-credit/claiming/getting-universal-credit-if-youre-sick-or-disabled/

The only way of avoiding this I can see is if he is already getting Housing Benefit. If he is he could check whether he has an SDP included in the HB calculation. If so he will be excluded from UC and will be able to claim income based ESA. Obviously if not renting will not be getting HB.

Rubyroobs

calcotti wrote: »

He will not normally be able to make a new ESA claim. He will have to claim UC. He should obtain a Fit Note from his GP confirming that he is too ill to work. He should thenbe referred for a Work Capability Assessment. When he gets the health questionnaire he should seek help if he is unable to complete it on his own.

https://www.citizensadvice.org.uk/benefits/universal-credit/claiming/getting-universal-credit-if-youre-sick-or-disabled/

The only way of avoiding this I can see is if he is already getting Housing Benefit. If he is he could check whether he has an SDP included in the HB calculation. If so he will be excluded from UC and will be able to claim income based ESA. Obviously if not renting will not be getting HB.

Thanks, that is as a I thought. They did have a HB claim but I think that was in her name also so I guess the same will apply ? So even if they should have been getting sdp on the ESA claim, he will have to switch to UC as the wife was the lead ESA claimant ? Thanks for your help

poppy12345

Rubyroobs wrote: »

So even if they should have been getting sdp on the ESA claim, he will have to switch to UC as the wife was the lead ESA claimant ?

They would only have been entitled to the SDP if they both claimed daily living PIP and because it wasn't his ESA then the SDP rules won't apply.

calcotti

Just to check. They only had the income based ESA in wife’s name, he doesn't get contribution based ESA in his own name? If he did he could be reassessed for income based ESA.

What I posted earlier is my understanding - it does seem a flaw in the legislation that someone included on a claim where an SDP is included for them is unable to claim the legacy benefit whereas had the claim been in their name they could.

Rubyroobs

poppy12345 wrote: »

They would only have been entitled to the SDP if they both claimed daily living PIP and because it wasn't his ESA then the SDP rules won't apply.

They did both claim PIP daily living, but the ESA was in her name and she has now died. So I think they would have been entitled to sdp on the ESA claim ( even if they weren't claiming it) because they were both getting PIP, but moving forward he wont be able to be exempt from claiming UC because the ESA was in her name ? have I understood correctly ?? It's complex !

poppy12345

Rubyroobs wrote: »

They did both claim PIP daily living, but the ESA was in her name and she has now died. So I think they would have been entitled to sdp on the ESA claim ( even if they weren't claiming it) because they were both getting PIP, but moving forward he wont be able to be exempt from claiming UC because the ESA was in her name ? have I understood correctly ?? It's complex !

Yes, you have understood it correctly. He won't be exempt from claiming UC.