Marriage

Options
Peterpete11
Peterpete11 Posts: 4 Newbie
in Benefits & tax credits
Hi so I am on esa I come related also getting flag for my 7 year old disable son I want to get married but we don’t live with each other and we have medical reports to explain why we can’t so we will be livening singlely as both of are children have mental health he’s single dad to his child the child ain’t mine we do have another child together what would happen as we own Nothink had no credit at the address so what would happen
«1

Comments

  • Peterpete11
    Peterpete11 Posts: 4 Newbie
    Options
    Also getting dla sorry and we never lived with each other
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Options
    If you're married I believe you're classed as one household; whether you live together or not.
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
    Name Dropper First Anniversary First Post
    Options
    It really depends on what benefits you are both receiving.

    It would help if you could tell us what benefits you are both receiving.

    So, you are receiving income based ESA and DLA. What DLA are you receiving - lower/mid/high rate? Care/Mobility?

    Do you receive child tax credits? Housing Benefit? Council tax reduction?

    What about your partner?
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    Options
    Comms69 wrote: »
    If you're married I believe you're classed as one household; whether you live together or not.

    No

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/658295/dmgch43.pdf

    “43006 Couple means
    1. two people who are married to, or civil partners of, each other and are members of the same household or
    2. two people who are not married to, or civil partners of, each other but are living together as a married couple.”

    Therefore if you are not living together you are not a couple for benefit purposes even if married. You can continue to claim benefits as individuals.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Peterpete11
    Peterpete11 Posts: 4 Newbie
    Options
    Hi thanks for reply so basically I receive income related esa and child tax credits dla houseing Benfit she gets houseing Benifit income surport dla and carers we both get child benifit as well but with live in separate housees do u think we should also tell dwp where in a relationship but never stay or live at the address due to disable children will they stop the money etc houseing Benifit was have lit surrpoting letters why we don’t live with each other all are bills are separate :cool:
  • Peterpete11
    Peterpete11 Posts: 4 Newbie
    Options
    Hi thanks for reply esa income related dla child Benifit tax credits she gets income surport dla houseing Benifit and carers we don’t love with each other at all so surly to the Benifit i me claiming as single do u think we should tell dwp where in a realatioship but don’t live with each other we have prove we don’t and won’t for prob a very long time
  • Darksparkle
    Darksparkle Posts: 5,465 Forumite
    edited 20 February 2019 at 8:37AM
    Options
    Tax credits will consider you a couple and a joint claim would have been required. However now that you can't make a new claim to tax credits I'm unsure how your situation will impact on UC.

    https://www.gov.uk/hmrc-internal-manuals/tax-credits-technical-manual/tctm09320

    The expect a married couple to financially support each other.p

    Cannot comment for other benefits although I do not see your marital status impacting on DLA or Carers.
  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
    Name Dropper First Anniversary First Post Photogenic
    Options
    You want to get married but not live together?
    I'm a nosey cow .... Why??? Do you want the transferable tax benefit? The inheritance rights? To be next of kin?
    :heartpuls Mrs Marleyboy :heartpuls

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    :) Proud Parents to an Aut-some son :)
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    Options
    Darksparkle wrote: »
    Tax credits will consider you a couple and a joint claim would have been required. However now that you can't make a new claim to tax credits I'm unsure how your situation will impact on UC.

    https://www.gov.uk/hmrc-internal-manuals/tax-credits-technical-manual/tctm09320

    The expect a married couple to financially support each other.p

    Cannot comment for other benefits although I do not see your marital status impacting on DLA or Carers.

    Good spot. The document I quoted in post 5 only covers the income based ESA (IS is I believe similar).

    It appears that HMRC take a different approach.

    OP, this means that you would have to inform HMRC of your marriage and your Tax Credits will end. In the past you would then have had to make a Tax Credits claim as a couple but you can no longer do this and would need to claim UC.

    For Uc I think you would still be treated as two single claimants
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/708174/adme2.pdf

    "E2003 Couple means

    1. two people who are married to, or civil partners of, each other and are members of the same household or
    2. two people who are not married to, or civil partners of, each other but are LTAMC."

    How the amount of benefit you receive may change as a result of claiming UC instead of tax Credits requires calculation. You would be well advised to get a full benefits check carried out at a local advice agency.

    To be clear is the DLA you and your future spouse each get for the children you support or for yourselves. If the latter are you getting a Severe Disability premium in the ESA. If you do get a Severe Disability premium you will not be able to claim UC and risk being stuck unable to claim Tax Credits or UC.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
    Name Dropper First Anniversary First Post
    Options
    I agree with Darksparkle and Calcotti.

    If you got married then you would have to make a joint claim for tax credits. However, this change would trigger a move to Universal Credit.

    But for universal credit you would be treated as single claimants as you would have to live together to make a joint claim.

    However, if you are receiving the severe disability premium with your ESA (check your award letter) then you can remain on your current benefits but have to make a joint claim for tax credits when you get married.

    I do not know if there are any exceptions to having to make a joint claim for tax credits (if you receive the severe disability premium with your ESA) in your circumstances. I am sure Darksparkle would have mentioned them if there are exceptions.

    So, first check whether you have a severe disability premium with your ESA (about £60 a week extra). Your award letter will tell you where they write about how your ESA has been calculated.

    This is a very complicated situation and you really need to get some specialist advice. Have you got a CAB near you?

    Of course the alternative is not to get married but continue as you are.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.3K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 248K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards