Stopping income related ESA

Flightofdragons

Hello. I'm looking for some advice for a friend. She has just got married and has been informed that her IR ESA will be stopping. She has just recived her ESA3 form through the post.
My question is that is this okay for the DWP to do?

She has never worked as she is still very young (23) and has quite a few medical conditions.
One being FND (functional neurological disorder) .She has a permanent catheter due to her neurological problems, and is mostly wheel chair bound outside of the house, lthough she has physiotherapy every week to help with her walking.
Also she suffurs from dissociative identity disorder.

I would like to know if anybody is aware of any other benefits she could claim if indeed her ESA is stopped legitimately. They are currently renting a house from her father who is not a resident at that address so I'm helping to try and get them Housing benefit but any thing else
seemes to be a mind field for the less knowledgeable in benefit law.

Her husband is on a 4 hour contract minimum. Basically a zero hour contract. Some weeks he works only 4 hours others 40. more often then not he only works 15 a week. I'm very confused about where that leaves their ability to claim anything so any advice would be worth its wait in gold.
Would income support be an option.

She has pip so that is not a problem they went to tribunal in order to get that much at the very least.

calcotti

If she has been sent the ESA3 that indicates that her ESA is not being stopped. However her ESA needs to be reassessed to take account of her new husband. All income based benefits take into account joint income and savings. She needs to complete the ESA3 and return it’s quickly as possible so that the DWP can complete this process.

I suggest that she reads the letter she has received more carefully - it may say that payment is being suspended while the entitlement is reviewed.

Income Support is no longer possible.

In the case of someone with income that varies frequently they may be better off on Universal Credit which should, in theory, manage a variable income better than ESA. She may wish to get advice from a local Citizens Advice who can do a comparative benefit check - but in the meantime get the ESA returned.

If her PIP includes the Daily Living part then a UC award could include the carer element which would increase the amount payable.

Information on UC here https://www.citizensadvice.org.uk/benefits/universal-credit/

If UC is claimed that will end the income based ESA and it will not be possible to return to it. Any Housing Benefit will also end.

However if neither of them is already get Housing Benefit but they now need help with rent they will have to claim UC because a new Housing Benefit claim will not be permitted.

The above advice assumes that the husband does not receiving Daily Living PIP or Care DLA. If they both have Daily Living PIP or Care DLA they are excluded from UC.

[Deleted User]

Renting a property from family and getting that paid can be a problem, you should perhaps look up "contrived rental", its not impossible but more details would be needed.

TELLIT01

ESA payments may be suspended until the ESA3 is returned. As she has a partner, his income will be taken into account in calculating their joint entitlement. Return the ESA3 as quickly as possible to minimise disruption to any continuing entitlement.