ESA, savings & partner

[Deleted User]

Spoonie_Turtle said:

Deleted_User said:

calcotti said:

So that shows that you are correctly claiming UC as a couple. There is no Housing Benefit (help with rent is part of UC) and that she does not get ESA. As mentioned above, when your ESA stops, the ESA deduction will stop and the UC will increase so no overall change in your joint income.

However, if you have more than £16,000 of equity in the rental property there is no entitlement to UC unless you are renting to a close relative with Limited Capability for Work or who is of pension age in which case the property can be disregarded.

If I withdraw my claim to any benefit apart from PIP would that stop her UC claim including help with rent etc

She cannot claim means-tested benefits (in this case UC) as a single person while you are living together.

No,  just claim as now as living together? 

poppy12345

Deleted_User said:

calcotti said:

So that shows that you are correctly claiming UC as a couple. There is no Housing Benefit (help with rent is part of UC) and that she does not get ESA. As mentioned above, when your ESA stops, the ESA deduction will stop and the UC will increase so no overall change in your joint income.

However, if you have more than £16,000 of equity in the rental property there is no entitlement to UC unless you are renting to a close relative with Limited Capability for Work or who is of pension age in which case the property can be disregarded.

If I withdraw my claim to any benefit apart from PIP would that stop her UC claim including help with rent etc

Who lives in the rental property? You still haven't answered that question. Is it a close relative?

[Deleted User]

poppy12345 said:

Deleted_User said:

calcotti said:

So that shows that you are correctly claiming UC as a couple. There is no Housing Benefit (help with rent is part of UC) and that she does not get ESA. As mentioned above, when your ESA stops, the ESA deduction will stop and the UC will increase so no overall change in your joint income.

However, if you have more than £16,000 of equity in the rental property there is no entitlement to UC unless you are renting to a close relative with Limited Capability for Work or who is of pension age in which case the property can be disregarded.

If I withdraw my claim to any benefit apart from PIP would that stop her UC claim including help with rent etc

Who lives in the rental property? You still haven't answered that question. Is it a close relative?

Sorry,  no it isn't,  I'm thinking of selling soon anyway so I guess that capital stops me claiming. Would my capital stop her claiming UC? 

poppy12345

Deleted_User said:

poppy12345 said:

Deleted_User said:

calcotti said:

So that shows that you are correctly claiming UC as a couple. There is no Housing Benefit (help with rent is part of UC) and that she does not get ESA. As mentioned above, when your ESA stops, the ESA deduction will stop and the UC will increase so no overall change in your joint income.

However, if you have more than £16,000 of equity in the rental property there is no entitlement to UC unless you are renting to a close relative with Limited Capability for Work or who is of pension age in which case the property can be disregarded.

If I withdraw my claim to any benefit apart from PIP would that stop her UC claim including help with rent etc

Who lives in the rental property? You still haven't answered that question. Is it a close relative?

Sorry,  no it isn't,  I'm thinking of selling soon anyway so I guess that capital stops me claiming. Would my capital stop her claiming UC? 

Then if there's capital of more than £16,000 both of you will not be entitled to any means tested benefits, including UC and council tax reduction.

You need to report the changes and as i advised any overpayment will need to be repaid back.

If you put the property up for sale anytime in the future then it can be disregarded for 6 months, potentially longer but they will want proof it's up for sale.

elsien

Deleted_User said:

poppy12345 said:

Deleted_User said:

calcotti said:

So that shows that you are correctly claiming UC as a couple. There is no Housing Benefit (help with rent is part of UC) and that she does not get ESA. As mentioned above, when your ESA stops, the ESA deduction will stop and the UC will increase so no overall change in your joint income.

However, if you have more than £16,000 of equity in the rental property there is no entitlement to UC unless you are renting to a close relative with Limited Capability for Work or who is of pension age in which case the property can be disregarded.

If I withdraw my claim to any benefit apart from PIP would that stop her UC claim including help with rent etc

Who lives in the rental property? You still haven't answered that question. Is it a close relative?

Sorry,  no it isn't,  I'm thinking of selling soon anyway so I guess that capital stops me claiming. Would my capital stop her claiming UC? 

Yes because you are a couple. You claim as a couple. Your assets are taken into account as a couple.

sammyjammy

You still haven't said what your current savings level is?

It would seem that you are not entitled to any UC at all as a couple and that your only benefits income should be your New Style ESA and PIP

You have ownership of a property you don't live in.
You (presumably as asking about savings nearing £16k) of over £6 which you've not declared.

calcotti

Deleted_User said: Would my capital stop her claiming UC? 

As advised several times, a couple have to claim mean tested benefits (such as UC) and a couple and the claim takes into your joint finances. If upper joint capital exceeds £16,000 then there is no entitlement. You have failed to disclose your capital.

[Deleted User]

So, regarding having too much capital what benefits can be claimed if you unable to work? 

calcotti

Deleted_User said:

So, regarding having too much capital what benefits can be claimed if you unable to work? 

No means tested benefits can be claimed (including UC).
Non means tested benefits ca be claimed if you meet the qualifying conditions.

• New style ESA (as discussed in your previous thread) if ill health prevents work and you meet the NI requirements - currently you have just used up your 12 month entitlement because you were not put in the Support Group but I understand you have asked to be reassessed.
• PIP if ill health affects ability to carry out various activities.

[Deleted User]

calcotti said:

Deleted_User said:

So, regarding having too much capital what benefits can be claimed if you unable to work? 

No means tested benefits can be claimed (including UC).
Non means tested benefits ca be claimed if you meet the qualifying conditions.

• New style ESA (as discussed in your previous thread) if ill health prevents work and you meet the NI requirements - currently you have just used up your 12 month entitlement because you were not put in the Support Group but I understand you have asked to be reassessed.
• PIP if ill health affects ability to carry out various activities.

Yes i am being reassessed as my health conditions have worsened, I'm waiting for the form and they've said I might have to be interviewed face to face