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Old IR ESA question

Zimba

My Son wants to move home he is on old income related ESA splitting up with partner. My question is I work full time does it affect the amount he receives? What are the rules for non dependents living with a parent. Thanks in advance for any advice.

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poppy123456

Is he the main claimant of the ESA award? If so then the only thing that would stop would be Severe disability Premium if the ESA includes that. Unless you or any other adults living with you are either registered blind or are claiming a qualifying disability benefit their self. Other than that other "household" income and capital (apart from a partner) does not affect his ESA.

If his current partner is claiming carers allowance for looking after him then they will need to report the changes to Carers allowance. ESA will then stop deducting the carers allowance from his ESA, as well as stop the carers premium.

He also needs to report that he's no longer living with his partner and they will recalculate his ESA and remove the partners name from the claim.

Zimba

@poppy123456 thank you for your reply…very much appreciated.

He is the claimant in the old IR support group she worked part time and the house was left to her by her grandmother.

So just to recap my wages or savings won’t affect his old IR ESA
they will just remove his SPD?

SPD is that the disability income guarantee or the support group amount?

Will we be classed as separate households?

This is a mine field all very confusing, thank you for your time 🙏 and help.

poppy123456

If she worked part time then I wouldn't have expected his ESA to be Income Related. If it was then with a partner working there would only be a £20/week disregard for her earnings before his ESA would be reduced £1 for £1.

May I ask how much ESA he receives per week and this will tell me exactly what's included.

Zimba said:

SPD is that the disability income guarantee or the support group amount?

It's none of those. Disability Income Guarantee is the Enhanced Disability Premium, which is part of Income Related ESA.

SDP is Severe disability Premium but he wouldn't have been claiming that unless she was either registered blind or claimed a qualifying disability benefit herself, as I advised in my previous comment.

Zimba said:

Will we be classed as separate households?

Please see my comment here.

poppy123456 said:

other "household" income and capital (apart from a partner) does not affect his ESA.

Zimba

@poppy123456 Thank you for your reply. I appreciate it greatly.

They claimed Hb at one point, before moving into the family house.

ESA £149.05 I believe.

She earns £150 a wk.

Thank you once again @poppy123456

poppy123456

That ESA tells me that at least part of it is Income Related and there's no money included in that amount for their partner. That amount is a single person claim.

Is that the amount he was claiming when they were living together? If so, were ESA aware that they were living together? Her earnings will have affected the amount of ESA he would have been entitled to at the time.

When they were claiming housing benefit, were their local Authority aware that she was working?

Zimba

@poppy123456
Yes I believe so it was a joint tenancy and both registered for council tax etc… the forms were filled out by citizens advise, he has been disabled from birth and could not claim contribution esa I believe poppy.

Thank you for your quick response. Many thanks 🙏

poppy123456

No problem. Being disabled from birth doesn't entitle him to continue to claim Income Related ESA while living with a partner that was working. Something isn't right here at all.

Zimba

@poppy123456
I am even more confused now.

I understand my thoughts was he was not entitled to old style contribution esa because of no NI at the time according to CA. I’m sure it’s all above aboard CA couldn’t have made a mistake surely. I will have to look through their paper work. I know only half the rent was covered by HB. What should he have received via esa do you think?

poppy123456

I really hate to say this but yes CA could have made a mistake by the advice they gave. I've heard this happen so many times.

If there was no entitled to CB ESA then his partners earnings of £150/week should have reduced his ESA by £130/week because there's only a £20/week disregard.

If part of his ESA is CB then it would have been reduced to £129.50/week. (this would have been less in previous years)

Out of curiosity has he always claimed ESA or did he previously claim Incapacity benefit?

Zimba

Having checked today I now understand what’s wrong it’s me and my lack of understanding sorry poppy 123456, the initial figures were wrong that I gave £149.05 is what he thinks he’ll get after they part ways and also her earnings are much less then I anticipated and his esa was adjusted.

I don’t know how people cope with it all as it’s so complicated..to me anyway.

Thanks once again

poppy123456

That does make sense, I know something wasn't right. His figure of what he thinks he may receive is correct.