Benefits Advice When You Are Married

poppy123456

Thanks for the update. I'm surprised they didn't tell you that they will send out the ESA3 form to fill in and return. Although your wife has NRPF they still need to know her details. I wouldn't be surprised if you receive it in the post at some point in the next couple of weeks.

When she moved in with you did you report the changes at that time? I thought i read that you said you did report the changes but nothing was done but i can't seem to find that comment now. This was the reason for my advice here.

poppy123456 said:

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 I distinctly remember calling them but I have no way of proving this. Anyway i've done it again now.  Im now holding on the line for Council Tax

Jimm_Scope

@GJT1 Hi, just popping in quickly to thank you for removing those images. It really is for your own safety. While I'd never expect anyone in our community to use that information, these pages are publicly viewable by anyone on the internet. So be sure you remove any information that can identify or locate you!


Edit: Just to add, if you feel like they do add to the conversation you can re-upload images of the picture but make sure you edit the pictures to remove or block all personal information. Name, NI number, location data (house no., street, town, postcode) are just some examples, be safer rather than potentially sorry

GJT1

@Jimm_Scope Thanks very much Jimm it made perfect sense to remove them.

GJT1

@poppy123456 @Jimm_Scope I have a further question please, where does a person go to work out if they will be better off working vs staying on benefits, I am currently doing 14 hours permitted work, but now because of the loss of my SDP, full time work may be the opion for me, although I doubt my body could take it.

poppy123456

You can either use a benefits calculator like this one https://www.entitledto.co.uk/benefits-calculator or you can speak to an advice agency for a full benefits check. https://advicelocal.uk/welfare-benefits

GJT1

 Thanks again.

GJT1

@poppy123456   Ok, I informed ESA again of my wife living with me, and now have receive letter through post.   Severe Disablement Premium has stopped, my living expenses is £84.80, Disability Income Guarantee £19.55, Support group £44.70 gives income relate amount per week of £149.05 minus overpayment of £11.55 gives new weekly amount of £137.50.   🥲  How can I get this £73.40 back somehow???

poppy123456

GJT1 said:

@poppy123456   Ok, I informed ESA again of my wife living with me, and now have receive letter through post.   Severe Disablement Premium has stopped, my living expenses is £84.80, Disability Income Guarantee £19.55, Support group £44.70 gives income relate amount per week of £149.05 minus overpayment of £11.55 gives new weekly amount of £137.50.   🥲  How can I get this £73.40 back somehow???

The amount you're now receiving is correct. Unfortunately, you're no longer entitled to the Severe disability Premium because you're living with your wife. Although she has NRPF she's still classed as a non dependant, which means no entitlement to SDP.

GJT1

@poppy123456 So Ive informed my council tax department and housing benefits department and they are recalculating my claims and issuing my new statements soon.  You have confirmed my ESA is now correct now that SDP has been removed.  It it my understanding PIP wont be effected so thats clear.  What im still struggling with in my mind is this.

I am doing permitted work 14 hours, which is under the limit no problems, if I decide to go over the permitted hours my ESA stops I think thats correct.  

I just need to know in simple terms how many hours can I do, and how many hours can my wife do at the same time and i still keep my ESA, and Housing Benefit?

poppy123456

GJT1 said:

@poppy123456 So Ive informed my council tax department and housing benefits department and they are recalculating my claims and issuing my new statements soon.  You have confirmed my ESA is now correct now that SDP has been removed.  It it my understanding PIP wont be effected so thats clear.  What im still struggling with in my mind is this.

I am doing permitted work 14 hours, which is under the limit no problems, if I decide to go over the permitted hours my ESA stops I think thats correct.  

I just need to know in simple terms how many hours can I do, and how many hours can my wife do at the same time and i still keep my ESA, and Housing Benefit?

Yes, PIP isn't affected.

For your ESA because you are the main claimant then you can continue work under permitted work rules but you must make sure you work less than 16 hours per week and earn no more than £167/week. Full details here. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1148680/permitted_work_factsheet_PW1_04_23.pdf

If your wife works and your ESA is all Income Related then £20/week will be ignored. After that then your ESA will be reduced £1 for £1. For example, if she earns £50/week then your ESA will be reduced by £30/week, which means she'll be working for £20 week. If she works more than 24 hours per week then your Income Related ESA will end because of her earnings. Although with only a £20/week disregard your ESA will end if she works about 16 hours per week at NMW.

If any part of your ESA is contributions based then this will continue regardless of how much she earns. ESA Support Group CB is £129.50/week.

For housing benefit then your entitlement will need to be recalculated to take into consideration her earnings.

Although she has NRPF then any earnings she receives will still affect your benefits entitlement.

GJT1

This is my current statement, how do you tell if its contributory based?
Or income related?

Thanks for your example its helpful albeit very depressing news £20 per week

poppy123456

Look at that I would say that at least part of it is contributions based. 

However, if your wife starts working you will still need to report the changes. Your ESA will then need to be recalculated and it will become a CB only claim. 

Please also be aware that when claiming CB benefits you will not be entitled to free NHS treatment such as prescriptions/dental or eye tests. 

EMT81

So I suffered a bleed on the brain beg of august and have been on SSP through my full time work place since then, My husband works Full time and i currently get Lower rate PIP for care only. Is there anything i could to help us our money wise as i am currently losing over £1k a month and as we own our home it is getting harder and harder to cover the bills, we have used all our savings so far so have nothing left. I failed the occupational health meeting to go back to work as yet and everyone is waiting on me seeing the neurologist in november 

poppy123456

EMT81 said:

So I suffered a bleed on the brain beg of august and have been on SSP through my full time work place since then, My husband works Full time and i currently get Lower rate PIP for care only. Is there anything i could to help us our money wise as i am currently losing over £1k a month and as we own our home it is getting harder and harder to cover the bills, we have used all our savings so far so have nothing left. I failed the occupational health meeting to go back to work as yet and everyone is waiting on me seeing the neurologist in november 

You can use a benefits calculator to check entitlement to Universal Credit. As it's means tested then you will need to claim with your husband and entitlement will be based on your joint circumstances. As your PIP includes the daily living part then your husband can claim carers element of UC if he cares for you for at least 35 hours per week. https://www.entitledto.co.uk/benefits-calculator when filling in the calculator make sure you tick the box where it says is your husband a carer and then it will include the carers element in the calculation.

However, unless you have dependant children there's likely going to be no entitlement to UC because of earnings as it's likely to reduce it to zero. Though it may still be worth applying and going through the work capability assessment process but it will depend on the figures. 

If found to have either LCW or LCWRA then you'll be entitled to the higher work allowance of £631/month. This means you or your husband can receive that amount of earnings before any deductions apply. If found to have LCWRA then you'll be entitled to an extra £390.06/month from the 4th month of your claim.

You may want to get a full benefits check from an agency near you.

3 months before your SSP ends you can start a claim for New style ESA providing you have the correct amount of NI contributions in the previous 2 tax years. You will need a fit note and your SSP1 form from your employer to claim this. Payments will not start until the day after your SSP ends. This is because it can't be paid at the same time as SSP. https://www.gov.uk/guidance/new-style-employment-and-support-allowance