ESA and moving home...

leamingtonspaceman

I currently claim income based legacy ESA, am in the Support Group and get the severe disability payment. I also receive PIP. I am living in social housing and claim housing benefit and council tax benefit.

My partner lives with her mother in her mother's house.

My partner recently inherited money from her father after he passed away. It was enough money to enable us to buy a house. Her mum is selling the house they both live in and is moving away. My partner won't inherit anything from that house sale.

We are buying a house with the money my partner inherited from her father and we will be joint owners.

The new house is in a different local authority but I will no longer need to claim housing benefit as there will be no rent to pay as the house will be bought outright. So my housing benefit claim with my current local authority will end and I will not need to reclaim when we move.

We are getting married shortly after we move into our home.

My partner will not be working and will not receive any income or have any savings above the permitted amount of £6,000 of household income, although she is in the process of going through a mandatory reconsideration for her claim for PIP.

We have separate bank accounts so all of the finances regarding the house purchase will be from her account.

So, will my claim for ESA continue as it is or will it be migrated over to Universal Credit?

The DWP told me that it won't be affected because I'm not going to be claiming housing benefit when I move.

However, doing a Google search has left me confused and I have read some stories of people being wrongly advised by the DWP.

Many thanks in advance for any advice.

poppy12345

When you move in together then you will need to report the changes to ESA and you will need to be assessed as a couple and entitlement will then be based on your joint circumstances.  Your SDP will then end unless you're partner is either registered blind or claiming daily living PIP. 

Have you thought about how you will be able to afford the repairs to the property if anything happens in the future? 

leamingtonspaceman

Thanks for this...

I thought that a claim for ESA was a singular claim, as in it's simply about my own health conditions and not those of my partner? 

I didn't realise that they now assess the health of both you and your partner when just one of you is making a claim? Do they do the health assessments separately or together? 

A friend of mine put in a claim for ESA a few years ago. She lives with her partner but it was only her that was required to have a health assessment. I don't think they had to supply any information relating to his health as he wasn't making the claim?

So they will just stop the SDP component of my claim but I'll remain on legacy ESA? Would the SDP component be reinstated if my partner was awarded PIP?

There will be a period of about three months once the house purchase is completed where my partner will have to stay with her mother for five days a week Mon-Fri until her house sale goes through as her mother has Multiple Sclerosis.

So for those three months the new circumstances for me will be that I've moved and am living alone but have no rent or mortgage.

poppy12345

As your ESA includes the SDP then at least part of it will be Income Related and this is a means tested benefit, therefore, when you live with a partner entitlement to means tested benefits are based on your joint circumstances.

Your partner will not need to go through the work capability assessment, they will just be named on your claim.

No one is "put on ESA" If your friend claimed either contributions based or New style ESA then this isn't means tested so yes they could claim that for just their self. 

When you move into the house if your partner won't be living with you for a while then your SDP will continue and you won't need to report any changes. You will only need to report changes when your partner moves in. Your SDP will stop but can be reinstated if your partner is successfully awarded daily living PIP. You will then be entitled to couples SDP. You will then need to reclaim SDP. 

In a previous thread of yours (see link) https://forums.moneysavingexpert.com/discussion/6530383/putting-in-offers-on-homes-whilst-waiting-for-funds#latest You said that once your partners mother's house is sold she's giving them a large sum of money? If they do that and your joint savings/capital is more than £16,000 then entitlement to all means tested benefits will stop. 

When you move into the house of course you'll need to report the changes to housing benefit and that will end. 

leamingtonspaceman

Thank you SO MUCH for this...

Yes, that was initially the plan regarding her mother giving my partner some proceeds from her house sale, but that has now changed, hence why I posted here.

I had no idea that a change in circumstances could just mean the SDP component was stopped but that the main legacy ESA claim would continue. I was under the impression that it would mean natural migration to UC.

It's so helpful of you to take time out of your day to post such knowledgeable advice and information. I really do appreciate it a lot.

leamingtonspaceman

Just another quick question...

If my partner and I were to move into our house together straight away and she isn't receiving PIP, what would happen then?

I know you said that I'd lose my SDP, but would I stay on legacy ESA and then be able to reclaim the SDP if and when my partner gets PIP?

Or would my claim become a joint claim and be migrated to UC?

It seems really counter-intuitive that if you claim legacy ESA and get the SDP and you get PIP, that you can move in with someone who has no income or savings, and the DWP will stop your SDP. But if the other person then successfully claims PIP, you'll then BOTH be able to claim SDP.

It's effectively a system that says you don't need the SDP as one part of a couple, but if the other person starts receiving PIP, then you do need it.

Many thanks in advance...

nannytone_2

SDP is to help with the extra costs due to disability.
If you live with a non disabled partner, they would be able to provide the he.p you need.
If they were also disabled, then you would both have  costs related to the he,p you need

leamingtonspaceman

Thanks for this...

Yes, I see that. But if the non-disabled partner has no income or savings, they're not providing any help financially. Or is it just assessed as the physical support, not financial?

As I asked, would my entire legacy ESA claim stop completely and be migrated to UC if I moved in with my non-disabled partner? Or would I be able to reclaim the SDP if and when she gets PIP?

poppy12345

No, your ESA will not stop when you move in with your partner. As I advised, you'll need to report the changes to ESA and they will asses you with your partner included on the claim. 

However, you will eventually be migrated across to UC anyway, the same as everyone else claiming Income Related ESA and other means tested benefits. 

The SDP has nothing to do with finances it's about the help you receive physically. Please see comment here, which is correct. 

nannytone_2 said:

SDP is to help with the extra costs due to disability.
If you live with a non disabled partner, they would be able to provide the he.p you need.
If they were also disabled, then you would both have  costs related to the he,p you need

leamingtonspaceman

A couple of months on and my partner applied for PIP and got zero points. She completed a mandatory reconsideration, and got zero points again. She's now lodged an appeal through Fightback4Justice.

The assessors report mentioned lots of visual observations they'd made... except it was a twenty-minute telephone assessment.

Anyway, F4J have advised my partner to make a claim for ESA/UC. They said she'd get contribution based ESA with no time limit. I thought it was just a year that you received it?

If she were to get that, then we move in together, so we're both receiving ESA/UC, what happens then? Would one of our claims cease and we'd be assessed as a couple? Whose claim takes precedent? I'm on legacy ESA.

Effectively, I'm asking what happens if two people claiming ESA/UC independently move in together?

Many thanks...

poppy12345

Fightback? oh dear. I really hate it when people charge for the service they give. There's advice agencies out there that will help for free. Failing that, many people take it to Tribunal by their self. 

Your partner will only be able to claim New style ESA if they've worked during tax years 2021/22 and 2022/23 and have the correct NI contributions. If they haven't then they will not be entitled to any payments. 

They will be able to claim UC providing they do not have capital of more than £16,000. There will be a deduction of UC for capital between £6,000 and £16,000. 

If they claim UC once you move in with them they would need to report a change of circumstances and tell them you're living with them. You will then need to claim UC and use the linking code to join both claims together.