Will my wife need to look for work if I make a joint UC and I get carer element

acharris

Hi all, need some advice. I claim UC and get the carer element as I look after my mother and get Carer Allowance. I.want to make a joint claim but my wife is unable to work due to her disabilities.

I know I don't have to job search, but I was wondering if my wife would have to attend appointments??

Any help is appreciated. Thank you in advance.

Anthony

Rubyroobs

Unless she already claims ESA then she would need to submit fit notes to UC and wait to be assessed for work capability. Otherwise yes she would be expected to look for work.

RunsFromRobots

If you are claiming Universal Credit, you must make a joint claim with your wife.

swingaloo

According to your thread you have been claiming UC for 6 years so why is it not already a joint claim?

Muttleythefrog

swingaloo said:

According to your thread you have been claiming UC for 6 years so why is it not already a joint claim?

I suspect based on very quick scanning of a previous thread advised on years ago they're a foreign (USA) partner so would not have been eligible for payment although would/should have be linked to claim (so savings/earnings etc could be considered) and had their UC account shut down after initial opening and failing the HRT. They were suitably advised at the time so hopefully did the right thing. However around now (5 years lawful residence with Leave to Remain as Spouse) they could have applied for and obtained Indefinite Leave to Remain and become eligible for public funds like UC. In respect of the UC claim if this event has occurred then the date ILR is awarded should be the date advised to UC for her account being reactivated and application again for UC made... new HRT applied.. pass that and joined to claim as normal for payments if applicable.

To the Op..
ESA obviously not likely as if she hasn't recently worked then no entitlement through NI contribs.
Yes when she gets UC she will be expected to look for work unless she gains status to not be required to do so.. refer Ruby post above. If she has gained ILR then she becomes eligible to apply for PIP... something to consider if relevant... and presumably your partner is living with you meaning they should have been silently in the background on a joint UC claim... but if they've gained ILR then from that date they become eligible to get payments if applicable.. UC should immediately be informed of the change in her immigration status.. if she has gone on to gain UK citizenship then that also is a change to advise them of..

If your wife is not of foreign origin then my post is a load of tut....lol.. I'll return to delete if so confirmed.

acharris

Thanks for the advice. Yeah she is USA and we did everything officially with DWP as we knew she could not have access to public funds, so having no money or savings coming over here her account was closed. We have done everything officially and I was just seeing what would be involved in a joint claim as it is my first marriage so never did a joint claim before. 

Muttleythefrog

Best thing is for you to notify of the change as her account will be locked. By the way you effectively already have a joint claim (her income,savings etc would be considered as with yours to potentially affect your payments)... she's just not eligible for payments and so has had her account locked and no requirements to engage UC placed on her... that would have happened after she failed a Habitual Residence Test (generic name) due to being subject to NRPF condition. Not sure how best to report the change as living with a partner has already been reported years ago... so probably not listed change... so perhaps make a journal entry saying partner (Name them) immigration status has changed (assuming that's the trigger here.. ILR?).making them eligible for payments. Obviously the issue of fitness for work has to be addressed too... refer Ruby post above regarding fit notes and WCA assessment if you think she should be considered 'unable to work'.

huckster

If they are on the claim as Ineligible partner, just needs to ask via journal for new HRT process to now establish they are entitled.