Benefits Advice When You Are Married

GJT1

I am currently disabled on permitted work doing 14 hours per week, can my wife also start working whilst I continue doing my permitted work.  I am on ESA, PIP, SDP, HB?

poppy123456

If you are the main claimant of the ESA claim then she can earn up to £20/week, without it affecting your ESA. Anything more than this and your ESA will be reduced £1 for £1. 

With regards to the SDP in your ESA im assuming your wife is claiming a qualifying disability benefit herself such as either PIP daily living, DLA mid/high rate care or ADP daily living? 

Jimm_Scope

Hi @GJT1! Welcome to the Scope Community Hope we can help you out with this question!

I can direct you to this citizen's advice page on ESA and working Work you can do while getting ESA - Citizens Advice

If you are on Income-related ESA it will definitely affect the amount you can get.  New-style or contribution-based ESA is not affected according to the source above.

Please do double check and read through the source to ensure you get the right information for your situation!

I will also move this to the Benefits and Financial Support category, where people with good benefits system knowledge will be able to see it more easily  

GJT1

Thanks Jimm and Poppy, my wife is actually not claiming any benefits and will be working full time.
After checking my DWP letter for ESA my award is made of of income relatrd and contribution based.

GJT1

Thanks Jimm, after checking my DWP letter for ESA my award is made of of income relatrd and contribution based

GJT1

Thanks Jimm and Poppy, my wife is actually not claiming any benefits and will be working full time.
After checking my DWP letter for ESA my award is made of of income relatrd and contribution based.

poppy123456

GJT1 said:

Thanks Jimm and Poppy, my wife is actually not claiming any benefits and will be working full time.

If your ESA includes the SDP because your wife isn't claiming any disability benefits then you shouldn't be claiming the SDP, unless she's registered blind. You can see the criteria for SDP here. https://www.entitledto.co.uk/help/severe-disability-premium

Are you sure it includes this? If it definitely does and your wife isn't registered blind then you'll need to ring ESA and tell them that you're living with your wife.

Also because part of your ESA is Income Related then your wife should be named on the claim and you should be getting a small amount extra for her. This will mean her working full time you will not be entitled to any Income Related ESA.

ESA letters are never easy to understand and people very often think part of it is contributions based, when it isn't. When you ring ESA about the SDP and to tell them that she's starting work then i'd advise you to ask them what exactly your ESA is made up of and they will tell you.

Also when she starts working you'll need to report the changes to your local Authourity and they will recalculate your housing benefit and council tax reduction based on her earnings.

Edit to add, please can i ask you to take a look at your most recent ESA award letter and tell me the breakdown of what's included?

GJT1

Ok

poppy123456

I'd advise you to edit that comment and either remove your personal details or remove the screenshots of those images. I can see your full name, address, postcode and NI number. You've posted on a public forum and anyone can see those details.

That confirms that your ESA is just for you which is clearly not correct. You shouldn't be claiming SDP and you should be receiving a little extra for your wife. I'd advise you to contact ESA as soon as possible.

It is indeed part contributions based and £129.50 is the CB part. Anything more than this is the Income Related part, which you won't be entitled to once your wife works full time.

How long has your wife been living with you?

Just to add further that when you do contact them if you can prove that you did report the changes and it's an official error on their part then you won't owe them anything.

GJT1

@poppy123456 how do I delete these pictures now?

GJT1

@poppy123456 Mywife has been living with me since April 7th this year.

poppy123456

GJT1 said:

@poppy123456 how do I delete these pictures now?

On the top right hand side of the comment with the pictures you'll see a little "cog" click that and then edit your comment.

GJT1 said:

@poppy123456 Mywife has been living with me since April 7th this year.

Did you report the changes to your local Authority? If you were claiming single person discount for your council tax then you will no longer be entitled to that once your wife started living with you.

Did you ring ESA to report the changes or write to them? When she moved in with you then you should have received an ESA3 form to fill in and return. 

The SDP should have stopped. Your ESA should look something like this.

Living expenses at least one over 18 £133.30

Disability Income Guarantee £27.90

Support Group component £44.70

Total amount £205.90/week.

Therefore about £20/week less than what you're receiving now.

Once she starts work full time then your ESA will reduce to £129.50/week and be CB only.

GJT1

@poppy123456 That deduction from my ESA does that mean she can do unlimited hours?

poppy123456

GJT1 said:

@poppy123456 That deduction from my ESA does that mean she can do unlimited hours?

The contributions based part (£129.50/week) will mean her earnings/savings/capital will not affect the amount of ESA you're entitled to. The Income Related part would all stop, if she works full time. If she works less than 24 hours/week then there's a £20/week disregard and then your Income Related ESA will reduce £1 for £1 so there will likely be no entitlement to Income Related even working less than 24 hours/week.

Your Housing benefit is likely to to decrease because of her earnings and the same for council tax reduction.

There would also be no entitlement to free NHS treatment because CB ESA doesn't entitle you to that. Although you could look into the NHS low Income scheme.

You could also use a benefits calculator to check entitlement to Universal Credit. Your contributions based ESA will continue but be deducted in full from any UC entitlement. As you're in the Support Group then you'll be entitled to the LCWRA element from the start of the claim.

You will also have the work allowance, which means £379/month of earnings received each month "combined" will be ignored before the 55% deductions apply.

If you can't use a benefits calculator then you can get a full benefits check from an advice agency near you.

https://www.entitledto.co.uk/benefits-calculator

https://advicelocal.uk/welfare-benefits

GJT1

@poppy123456 I really appreciate this useful info but to fill you in the totally my wife currently cannot claim benefits because of visa restrictions and cannot work, but very very soon she can work but still cannot claim benefits

GJT1

@poppy123456 in addition In her next visa I am paying a NHS surcharge to cover her

poppy123456

That still means you have no entitlement to the SDP. Therefore your ESA would reduce by £76.40/week. Although she has NRPF you're not classed as living alone so no entitlement to SDP. 

Same applies to council Tax reduction, you will lose the 25% single person discount.

GJT1

@poppy123456 Ok I guess a Phonecall to ESA is needed again to check things out before they hit me with overpayment charges .

poppy123456

GJT1 said:

@poppy123456 Ok I guess a Phonecall to ESA is needed again to check things out before they hit me with overpayment charges .

Yes you really need to do that. The same for council Tax reduction. If she does start working then you also need to report the changes for that because even though she has NRPF then her earnings will still affect your Income Related ESA and reduce it as i advised above.

Same applies to HB and CTR.

GJT1

@poppy123456 Thanks Poppy, I am holding for them now on the phone, I will update you with the outcome

GJT1

@poppy123456 Ok the ESA adviser immediately said he is stopping my SDP, and informed me that I owe them an overpayment from the time my that wife moved in.  He will be informing the relevant department and writing to me very soon.  On to the next phone call 🥲