ESA and living with partner question

Pauluk1

Can someone help with this question - both my partner and I are on ESA income based. We also get PIP standard daily living - and are in a situation where we are now wanting to live together due to circumstances of my partner having to move away. We currently live in the same town.

If we move in together do we continue to get out ESA income based benefit and PIP or will out ESA claim now stop or be put into one ESA claim? I understand PIP is unaffected but out ESA claim might be melded into one claim, and we will both lose income.

Thank you for any help with this.

Nannytone

You both need to be on the same claim. Your financial lost may not be too great because you would still both be entitled to the severe disability premium. Combine that with the fact that joined living costs will be much less than two single people and you may even gain financially from the situation

calcotti

First thing I recommend you check is if either of you has a contribution based part to your ESA claim.

If one of you has a contribution based element then that person can maintain their claim and the other person can continue their income based claim. You still need to tell DWP so that the awards can be recalculated. It will make no difference to the total amount of money you receive but will mean that you both continue to get NI credits.

If both claims are entirely income based then your claims will have to be merged which means that only one of you will be claiming and getting the NI credits through ESA. The other can still apply for NI credits due to Limited Capability for a Work.

Can you confirm. Are you both currently living alone and getting a Severe a Disability Premium in your ESA awards?

Pauluk1

Thanks for the comments. We're both getting income based ESA. We also get the severe disability premium.

Am I right in saying that one of us has their claim closed? Or will it turn into a joint claim? I looked online and saw that couples ESA is something around 114 per week. At the moment we're getting around 350 every two weeks, each, including the disability premium, as we live alone.

Pauluk1

So we'll keep our severe disability premium, but have a combined ESA claim?

calcotti

One of you will have your claim closed. That person will be added to the remaining claim which will, I think, include
the couple rate of £114.85
The couple Severe Disability premium £140.40
The couple enhanced disability premium £24.10
This is £279.35/week.
If the claiming person is in the Support Group the Support component of £38.55 will also be included.

Although the claim takes account of you both it is not a joint claim. It is a claim by one person with a partner. As I stated before the person who is not the claimant will no longer get NI credits unless they ask DWP to continue them on the grounds of Limited Capability for Work.

Are you sure neither of you gets any contribution based ESA. Although you both get income based ESA an award can be entirely income based or can be part contribution based ESA with an income based top up?

Pauluk1

Thank you. How do we decide whose claim is closed though? It seems a bit much that one of our claims is closed, especially after we've fought so hard to get anything over the years. The stress of it all has made us both more ill, which is crazy.

calcotti

Pauluk1 wrote: »

Thank you. How do we decide whose claim is closed though? It seems a bit much that one of our claims is closed, especially after we've fought so hard to get anything over the years. The stress of it all has made us both more ill, which is crazy.

That’s why I have emphasised the importance of being certain that neither of you has any contribution based entitlement. If one of you does then you can both continue with ESA, one solely contribution based, the other income based.

if this is not possible, are you both in the Support Group? If only one of you is I would recommend that that person is the one to carry on receiving ESA so that you get the Support component.

If this is not an issue, are either of you close to pension age? If so I would suggest the younger of you continues the ESA claim as they will need to claim it for longer (assuming you each have long term health conditions).

Pauluk1

We're both definitely getting income based ESA. My partner is in the support group, Im in the work group, hence she gets more than me.

Yes we both have long term health problems, and mental health too. My partner is in her 50s, Im late 30s.

calcotti

As only your partner gets the Support component it will make sense for them to continue an income based ESA claim. The new award is likely, by my calculation, to be £40.85 less than your existing two awards taken together (the loss will be greater if you are being paid the WRAG component of £29.05 which was abolished for new claims in 2017). You can use a benefits calculator to check what you will get https://www.gov.uk/benefits-calculators

If you want to get NI credits you will need to ask for them separately, on the grounds of Limited Capability for Work. https://www.gov.uk/national-insurance-credits/eligibility