ESA and Marriage

Tibby14

Hi all. My partner and I are planning on getting married next year but unsure how this will affect our ESA.
We are both in the support group. My ESA is income based and my partner is contribution group. I get £222.40 every two weeks and my partner £392.evert two weeks.
How will us getting married affect us? We live together and claim separately (DWP advised to do this when moved in together).

Thank you

poppy12345

Tibby14 wrote: »

Hi all. My partner and I are planning on getting married next year but unsure how this will affect our ESA.
We are both in the support group. My ESA is income based and my partner is contribution group. I get £222.40 every two weeks and my partner £392.evert two weeks.
How will us getting married affect us? We live together and claim separately (DWP advised to do this when moved in together).

Thank you

£392 every 2 weeks is Income Based and that amount suggests it includes the severe disability premium. Do either of you claim daily living PIP or DLA mid/high rate care? If you're already living together then this isn't correct.


£222 is Contributions based.

calcotti

Getting married will make no difference if you are already treated as a couple.

Tibby14

We both get PIP.
Apparently we're told by DWP that (can't recall which way round it was) that we both can't claim Contribution based (or Income based ESA as a couple (or Income based - I can't receive same amount as my partner)

sportsarb

If you live together but claim separately, and there is an income related claim, then there is almost certainly an overpayment. Even if not it definitely needs to be declared to DWP.

The answer to your question about how getting married will affect you benefit wise. The answer is it wont affect you. The fact you were already living together is the change that needed to be declared.

calcotti

sportsarb wrote: »

If you live together but claim separately, and there is an income related claim, then there is almost certainly an overpayment. Even if not it definitely needs to be declared to DWP.

No. The figures supplied by the OP are correct (almost) for both claiming ESA as they both get PIP. They can both claim because a contribution based claim is always an individual claim.

The one party gets contribution based ESA of £111.65/week (basic single person allowance plus support component).
The other party claims income based ESA (this may actually be contribution based with an income based top up) made up of basic couple allowance, couple enhanced disability premium, support component and two SDP’s. From this the contribution based ESA claim of the first party is deducted as income.

Claim 1: £73.10 plus £38.55 = £111.65/week (£223.30/fortnight).
Claim 2: £114.85 plus £24.10 plus £38.55 plus £65.85 x 2 = £309.20 minus £111.65 = £197.55/week (£395.10/fortnight).

Tibby14

Sportsarb:

The DWP told us separate claims would be better with my partner claiming a little for me (think.its around 6£). We advised them the day before we moved in together that we would be doing so and that's what they said is the best way (claim individually)

Tibby14

Callcotti, does this mean getting married will not affect any of our benefits?

sportsarb

Tibby14 wrote: »

Sportsarb:

The DWP told us separate claims would be better with my partner claiming a little for me (think.its around 6£). We advised them the day before we moved in together that we would be doing so and that's what they said is the best way (claim individually)

In that case its fine. When you said you both had separate claims I took it literally (my fault) that your claims were individual claims with no reference to each other. What DWP have done in that case makes perfect sense. One income related and one contributory with both people on the income related.

Still declare it to the DWP but its not going to change entitlement or anything.

Tibby14

Thank you all for your help 😊

calcotti

Tibby14 wrote: »

Callcotti, does this mean getting married will not affect any of our benefits?

Yes, as advised by several of the earlier posts. Being married or ‘living together as if a married couple’ are the same for benefit purposes.

The one thing it does change, although I hope this is not relevant any time soon, is that if one of you dies the other will be entitled to Bereavement Support Payment. BSP is not available to unmarried couples (except in Northern Ireland).