Switching from ESA to Universal Credit

holymoley111

Deep question in relation to Universal Credit. 
My partner recently received her migration  notice. She currently gets ESA and is in the support group.
What complicates the issue is when she first went on ESA she was advised by Citizens advice to do so as a single, and even though I live with her, we were advised that I didn't count as a partner as we are lodgers in her mother's house and it is social housing. Citizens advice even filled the forms in! So we have always assumed this was correct and as our situation has not changed, we have not queried it.
Now we have the migration notice and don't know what to do for the best. 
Should we compound the error and put her through as a single again (doubtful),
Put in a couples claim (what are the consequences of this?) or simply not claim at all and let it run out? 

rosewalk

When did your partner start her claim for ESA? Is she in receipt of Income Related ESA? 

marcia_

holymoley111 said:

Deep question in relation to Universal Credit. 
My partner recently received her migration  notice. She currently gets ESA and is in the support group.
What complicates the issue is when she first went on ESA she was advised by Citizens advice to do so as a single, and even though I live with her, we were advised that I didn't count as a partner as we are lodgers in her mother's house and it is social housing. Citizens advice even filled the forms in! So we have always assumed this was correct and as our situation has not changed, we have not queried it.
Now we have the migration notice and don't know what to do for the best. 
Should we compound the error and put her through as a single again (doubtful),
Put in a couples claim (what are the consequences of this?) or simply not claim at all and let it run out? 

 You clearly have to make a joint application if you wish to continue receiving benefits anything else would be fraudulent. 

 You have probably already been committing benefit fraud even if on the advice of CAB. 

holymoley111

rosewalk said:

When did your partner start her claim for ESA? Is she in receipt of Income Related ESA? 

Yes, she is in receipt of Income related ESA. 

holymoley111

holymoley111 said:

rosewalk said:

When did your partner start her claim for ESA? Is she in receipt of Income Related ESA? 

Yes, she is in receipt of Income related ESA. 

What do you suggest should be our next move? 

HillStreetBlues

What do you mean "live with her"? what is both your current living arrangements? eg do you share a room, do you have joint finances?

marcia_

holymoley111 said:

holymoley111 said:

rosewalk said:

When did your partner start her claim for ESA? Is she in receipt of Income Related ESA? 

Yes, she is in receipt of Income related ESA. 

What do you suggest should be our next move? 

 If you are a couple you make a joint claim. Anything else would be fraudulent as i said. 

 

This may reveal to the DWP your fraudulent claim where yiu should have already been claiming as a couple 

holymoley111

marcia_ said:

holymoley111 said:

holymoley111 said:

rosewalk said:

When did your partner start her claim for ESA? Is she in receipt of Income Related ESA? 

Yes, she is in receipt of Income related ESA. 

What do you suggest should be our next move? 

 If you are a couple you make a joint claim. Anything else would be fraudulent as i said. 

 

This may reveal to the DWP your fraudulent claim where yiu should have already been claiming as a couple 

Well clearly we don't want to commit fraud and as explained at the start CAB's advise was followed and they filled in the paperwork at the time, so we thought we were doing the correct thing. 

Rubyroobs

holymoley111 said:

marcia_ said:

holymoley111 said:

holymoley111 said:

rosewalk said:

When did your partner start her claim for ESA? Is she in receipt of Income Related ESA? 

Yes, she is in receipt of Income related ESA. 

What do you suggest should be our next move? 

 If you are a couple you make a joint claim. Anything else would be fraudulent as i said. 

 

This may reveal to the DWP your fraudulent claim where yiu should have already been claiming as a couple 

Well clearly we don't want to commit fraud and as explained at the start CAB's advise was followed and they filled in the paperwork at the time, so we thought we were doing the correct thing. 

Not sure why anyone at CAB would advise you not to make a joint claim if you live together. Do you work?

holymoley111

Rubyroobs said:

holymoley111 said:

marcia_ said:

holymoley111 said:

holymoley111 said:

rosewalk said:

When did your partner start her claim for ESA? Is she in receipt of Income Related ESA? 

Yes, she is in receipt of Income related ESA. 

What do you suggest should be our next move? 

 If you are a couple you make a joint claim. Anything else would be fraudulent as i said. 

 

This may reveal to the DWP your fraudulent claim where yiu should have already been claiming as a couple 

Well clearly we don't want to commit fraud and as explained at the start CAB's advise was followed and they filled in the paperwork at the time, so we thought we were doing the correct thing. 

Not sure why anyone at CAB would advise you not to make a joint claim if you live together. Do you work?

Because we were and still are living her mother at her house. At the time we were told my presence was irrelevant as she was and is still living at home. 
Looks like that advice was wrong. 

marcia_

holymoley111 said:

Rubyroobs said:

holymoley111 said:

marcia_ said:

holymoley111 said:

holymoley111 said:

rosewalk said:

When did your partner start her claim for ESA? Is she in receipt of Income Related ESA? 

Yes, she is in receipt of Income related ESA. 

What do you suggest should be our next move? 

 If you are a couple you make a joint claim. Anything else would be fraudulent as i said. 

 

This may reveal to the DWP your fraudulent claim where yiu should have already been claiming as a couple 

Well clearly we don't want to commit fraud and as explained at the start CAB's advise was followed and they filled in the paperwork at the time, so we thought we were doing the correct thing. 

Not sure why anyone at CAB would advise you not to make a joint claim if you live together. Do you work?

Because we were and still are living her mother at her house. At the time we were told my presence was irrelevant as she was and is still living at home. 
Looks like that advice was wrong. 

 Very wrong, if you are living as a couple sharing lives it doesn't matter where you are living. 

 

 You must not have explained your circumstances correctly to CAB. I volunteered with them for years and would never have  this