Migration to Universal Credit - why a joint claim?

trevorpee

I wonder if there is anyone else in a similar situation to me? Please forgive me in advance for my almost complete ignorance of the current benefit system.

I live with my partner (we are not married or civilly partnered) who has a serious mental health condition and is in receipt of ESA. He has been told to complete an application for UC. He has started the process online, has stated that he lives with a partner and told to make a joint claim. My problem is this: we are financially independent of each other and I do not wish to make a claim. I have no relationship with the DWP and want to keep it that way. The background is that I have a serious chronic health condition and used to be in receipt of DLA/ESA until I fell foul of the ATOS assessments 12 years ago and lost all my entitlements. This had the effect of effectively making me destitute and homeless, which is when I moved in to live with my partner. Within a year I had a heart attack which I attribute to the stress and also suffered further serious decline to my health.

I have struggled very hard to keep my head above water over the last 10 years and want nothing to do with a system that would have happily seen me on the street. My partner is experiencing a great deal of anxiety over my reluctance to become ensnared once again in the benefits system. 

Any suggestions as to what I should do gratefully received.

RunsFromRobots

You don't have any option. Universal Credit is based on the household, not the individual: 

https://www.gov.uk/universal-credit/eligibility  

Spoonie_Turtle

If you partner was receiving income-based ESA to be asked to migrate to UC, he should already have had a couple's claim since you are partners living together.

peteuk

trevorpee said:

Any suggestions as to what I should do gratefully received.

Comply or don’t apply.

Your basing your opinion on the way you were dealt with by a private company, 10 yrs ago (and I understand that) but you’ve more to loose by taking the stance than you have by complying.  You might not be eligible anyway. 

Muttleythefrog

You should be considered a couple living together (single household) for all benefit claims that consider such - being married or not is not their concern unless there is separation/divorce or no relationship type issues. Sorry to be bearer of bad news... but try to make it work for you. They should have had their ESA claim changed to couple claim.

Universal credit will expect you both to apply and then the claims are linked to form joint claim. Any consideration of financial independence regarding you and your partner is between you and your partner. For benefit purposes you are linked and financial details including work and capital (savings etc) become relevant in a joint UC claim - the state assumes people who are in partnership share their financial resources and costs as they see fit.

So really there is two choices - he applies and you apply.... or he doesn't apply and you won't have to.

Look at the benefit options.... including revisiting and challenging your thoughts on getting your own support. The systems for assessing disability and work incapacity have not changed much but are improving over time and you can get great advice including here from many of us with lots of success behind us. You could end up losing out on a lot of support based on bad history.... and trust me many of us have that... I was even threatened by a GP on a tribunal panel...judge avoided any eye contact with me while GP next to him raged saying he would come and punch me after I expressed negative opinion about contact with NHS and GPs. I've never heard of anything similar ever... and I struggled to get entitlement established due to lacking evidence initially of illness and disability. But not had issues for years now.

Check entitledto with various scenarios if necessary.... if there is household entitlement to UC then it may be possible for you to claim to be her carer particularly if he has PIP and be without work commitments... there's an array of possibilities depending on intent and circumstances.

kkkklinky

You have 3 options, get a joint claim for UC, financially support your partner so he no longer requires benefits or move out. If you live together as a couple and either of you are reliant on state support you are expected to support each other financially...no way around it.

8dayweek

Spoonie_Turtle said:

If you partner was receiving income-based ESA to be asked to migrate to UC, he should already have had a couple's claim since you are partners living together.

This is really important - put the ESA claim right before making the UC claim. 

TELLIT01

RunsFromRobots said:

You don't have any option. Universal Credit is based on the household, not the individual: 

https://www.gov.uk/universal-credit/eligibility  

Not totally accurate.  It is based on the income of the couple.  It would not include the income of other members of a household.

RunsFromRobots

TELLIT01 said:

RunsFromRobots said:

You don't have any option. Universal Credit is based on the household, not the individual: 

https://www.gov.uk/universal-credit/eligibility  

Not totally accurate.  It is based on the income of the couple.  It would not include the income of other members of a household.

I didn't state anything about income. Other people in the household have to be declared whether or not that impacts on their award.