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Benefits & Living with working partner

fluffy112358

Hi,

I’m disabled and require a carer. I get PIP & self employed tax credits currently. My current living situation is volatile and I need to leave.

The only way I can leave, is if I move in with my partner, however he works full time and cannot afford rent.

My partner works full time, but work aren’t giving him the hours he would like. He works 30 hours a week and gets roughly £1300 after tax.

After paying his child maintenance he is left with £1000 roughly. He has debts he pays large repayments to and is on a payment plan with them.

He currently lives with family for free to pay off his debts, but it will take several more years.

If we live together, my tax credits stop. If we live together we aren’t entitled to any help with the rent, yet can’t afford the rent.

I feel impossibly stuck in a volatile situation because it is all we can afford to do.

We live 35 miles apart, in different counties. He also does some voluntary work for my new business. I would be moving to his county so he can help look after me, and we can work on my business together.

I would get a place alone, however if I am applying for council housing alone - I am guessing I would not be eligible to live in his county. Ergo I can’t get the disability or work help I need.

I feel well and truly stuck.

Any ideas what I can do?

Thanks

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fluffy112358

My current living situation is free, but volatile. It is affecting me mentally, which is why I need to leave.

calcotti

You are correct that if you live together your Tax Credits will stop.

Use a benefits calculator to see what Universal Credit you may be entitled to (assuming that you don’t have joint capital/savings over £16,000).
https://benefits-calculator.turn2us.org.uk/

You would get a couple allowance, help with rent and he could get the carer element for looking after you. There would be a deduction of 55% of your joint earnings above £344/month. If you have a health condition that limits your ability to work you could declare this supported by Fit Notes and you could be assessed for Work Capability which could result in increased entitlement (if will not be possible to get referred if you are earning more than 16 x NMW per week but you don’t mention how much you earn).

fluffy112358 said:

I would be moving to his county so he can help look after me, and we can work on my business together.

I would get a place alone, however if I am applying for council housing alone - I am guessing I would not be eligible to live in his county.

You are likely to be able to be put on social housing list in a local authority area you are just moving to. You will not be able to claim Housing Benefit in a new local authority, to get help with rent you would have to claim UC which will end your Tax Credits. Again, you can use a calculator to see what UC you might get.

Because you are (presumably) getting the disabled worker element of WTC you may find UC entitlement compares unfavourably because there is no equivalent addition in UC.

poppy123456

calcotti said:

If you have a health condition that limits your ability to work you could declare this supported by Fit Notes and you could be assessed for Work Capability which could result in increased entitlement (if will not be possible to get referred if you are earning more than 16 x NMW per week but you don’t mention how much you earn).

That rule wouldn't apply here because they are claiming PIP.

calcotti

poppy123456 said:

calcotti said:

If you have a health condition that limits your ability to work you could declare this supported by Fit Notes and you could be assessed for Work Capability which could result in increased entitlement (if will not be possible to get referred if you are earning more than 16 x NMW per week but you don’t mention how much you earn).
That rule wouldn't apply here because they are claiming PIP.

Of course, thanks poppy. I overlooked that.
(I wish there were more formatting options in which case I would strike through that part of the previous post.)

fluffy112358

My business isn’t making profit for the last few years, due to the volatile home situation. (I run it from home).

I have used the benefit calculators, and they say we are entitled to £40 a week on UC (roughly) however this wouldn’t cover rent, bills, council tax etc.

Due to my partners debts and obligations, he can’t afford lunch some days at work.. and that’s whilst he isn’t paying rent! It seems an impossible situation.

I haven’t heard of the new area, housing benefit rules. I’m slightly confused by them, do you have more info?

I realise 35 miles isn’t much to some people, however we have the dartford crossing separating us, so it isn’t like he can travel every day to come and help me after work if I got a place in my own county.

I used to be on income related ESA and be in the support group however I assume it isn’t an option to switch away from tax credits to Universal Credit equivalent of ESA, as it would stop due to living with a full time working partner.

fluffy112358

I’ve just realised what I believe you mean with housing benefit and new area. Is this the case because housing benefit is being phased out in favour of UC?

poppy123456

calcotti said:

poppy123456 said:

calcotti said:

If you have a health condition that limits your ability to work you could declare this supported by Fit Notes and you could be assessed for Work Capability which could result in increased entitlement (if will not be possible to get referred if you are earning more than 16 x NMW per week but you don’t mention how much you earn).
That rule wouldn't apply here because they are claiming PIP.

Of course, thanks poppy. I overlooked that.
(I wish there were more formatting options in which case I would strike through that part of the previous post.)

No problem. Totally agree with having more formatting options./

poppy123456

When you used the benefit calculator did you include that you'll be renting your home?

fluffy112358 said:

I haven’t heard of the new area, housing benefit rules. I’m slightly confused by them, do you have more info?

This means that it's no longer possible to start a new claim for housing benefit because it no longer exists for working age people unless you're either living in supported or temporary housing. All areas are now Universal Credit which can include help with any rent.

fluffy112358 said:

I used to be on income related ESA and be in the support group however I assume it isn’t an option to switch away from tax credits to Universal Credit equivalent of ESA, as it would stop due to living with a full time working partner.

It's not possible to claim the old Income Related ESA because it's been replaced with UC. As advised by calcotti you can report your health condition supported by a fit note if you claim UC. YOu will then need to go through the work capability assessment (same as it was for ESA)

Unfortunately, when claiming means tested benefits the bills you have to pay are not taken into consideration.

calcotti

To be clear - are you receiving any ESA at the moment (I infer not)?

fluffy112358

I’m not no, but I am eligible if I stopped the working tax credits. So I would likely be eligible for the ESA equivalent of UC, but that is if I lived alone I am guessing - due to my partners income.

To be classed as not living together, how many nights a week does he need to spend away? Is he allowed to come and care for me during the day or would that be classed as living with me?

calcotti

The only ESA you can now claim as a new claim is new style ESA which is contribution based and relies on having a complete NI record for the last two tax years prior to the current calendar year. If claiming ESA and UC the ESA is deducted from the UC. You can’t claim ESA if you are working 16 hours or more/week.

As a point of interest have you been paying self employed Class 2 NI contributions?

Caring for you is not living with you.

Alex_Alumni

Hello there @fluffy112358 and welcome, I'm glad to see our members are advising you, I'm just letting you know we'll be sending you an email soon, so please let us know if it doesn't come through later today.

It's nothing to worry about, we're just checking in with some extra support