Wife moving back in

arles417

Hi Guys
I have been separated from my wife for 5 plus years and she is considering moving in with me, mainly to help me as I am having some considerable trouble living by myself. I get the limited capability for work and work related activity plus a legacy severe disability premium and PIP. Can anyone advise on how I go about telling UC (and not getting hurt by them) if she does move in with me? She gets UC (job seekers element).
Thanks in advance 

calcotti

The key issue is will you be a couple.
There is guidance on couples here
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/661551/adme4.pdf

if you are a couple then your UC claims will have to be combined, you will lose the SDP element and payment for you both will be made to one of you.

If she is staying with you as your carer UC may ask questions about your relationship in order to establish whether or not you are a couple.

Note that if she is caring for you she can claim the carer element of UC and will then have no work search requirements. This is regardless of whether your claims are combined or remain separate.

arles417

To tell the truth, I would love it to be as a couple in the traditional sense but that's not going to happen. However I think it would be deemed as a couple after reading your link. I think it would look dodgy we tried to say we were not a couple.
Sorry Calcotti, I should have said thanks for your info. I really appreciate the advice.

calcotti

arles417 said:

To tell the truth, I would love it to be as a couple in the traditional sense but that's not going to happen. However I think it would be deemed as a couple after reading your link. I think it would look dodgy we tried to say we were not a couple.
Sorry Calcotti, I should have said thanks for your info. I really appreciate the advice.

It's up to you but you can simply report the circumstances as fully as possible and see what DWP decide but be prepared for them to treat you as a couple. You can use a benefits calculator to see what your entitlement would be (standard allowance, LCWRA element, carer element and housing element if you rent). The challenge for you may be that, if UC treat you as a couple only one of you will be paid the money which means that your finances then become intertwined and that may not be what you wish and will mean you need to have a conversation about who the money is to be paid to.

Your ex could claim Carer's Allowance for looking after you - this would not result in higher income because it will be deducted from the IC payable but would provide a benefit payment directly to her regardless of who receives UC. Note however that if she finds any paid work entitlement to CA ends if earnings exceed £128/week, whereas there is no earnings limit for the carer element of UC.

Nannytone

The op says they receive SDP.
OP,are you claiming ESA or UC?

calcotti

Nannytone said:

The op says they receive SDP.
OP,are you claiming ESA or UC?

OP refers to telling UC so I read this as that they have SDP transitional element in a UC claim.

arles417

Yeah, I receive UC plus a legacy payment for the SDP (I was moved to UC in error)

arles417

Just an update. Made it official that my wife has moved back in. As far as I can see I am going to lose out a bit but I couldn't not tell them. 
No idea how much I'm going to get though but thanks to all the advice.

poppy12345

You need to report this, if you haven't already done this but as previously advised because you're still married then be prepared for DWP to treat you as a couple. You will lose the SDP transitional protection that's included with your UC maximum entitlement. You can use a benefits calculator and it will tell you what you're entitled to. Make sure your wife reports caring for you and then you'll have the carers element added to your maximum entitlement.

https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=b269141c-d9e7-4b32-987f-192337ff4166

arles417

Sorry Poppy, that's what I meant. I have reported it.