Moving to Universal Credit

Holymoley111

Deep question in relation to Universal Credit. 

My partner recently received her migration  notice. She currently gets ESA and is in the support group.

What complicates the issue is when she first went on ESA she was advised by Citizens advice to do so as a single, and even though I live with her, we were advised that I didn't count as a partner as we are lodgers in her mother's house and it is social housing. Citizens advice even filled the forms in! So we have always assumed this was correct and as our situation has not changed, we have not queried it.

Now we have the migration notice and don't know what to do for the best. 

Should we compound the error and put her through as a single again (doubtful),

Put in a couples claim (what are the consequences of this?) or simply not claim at all and let it run out? 

poppy123456

If their ESA is Income Related, When you started to live together your partner should have reported the changes to ESA. They would have then sent her an ESA3 form to fill in and return with all the details of both of you. Her ESA would have then been recalculated.

Have you claimed any benefits yourself in the time you've lived together?

Have you worked at all in that time?

Going forward as you live together she can't claim UC as a single person, you would both need to claim. One of you would then receive a linking code to join both claims together.

Holymoley111

I have not claimed benefits, but I do work.

It's a real pickle. We were advised by the CAB advisor that her claim could go through as a single because she lives with her mother and I am a lodger with her mother. That seems to be wrong advice.

The question is what to do now.

Put in a change of circumstance with ESA saying I have just moved in?

Put in a couples claim to universal credit (though they will probably pick up the difference)

Or just let ESA run out and not make a Universal credit claim at all.

She still has PIP.

poppy123456

Your partner needs to contact ESA and report the changes. They need to tell them when exactly you moved in to live with her. If she tells them that you've only recently moved in and that's not the case then this would be benefit fraud. If they find out in the future and they could do, it's always better to be honest and truthful.

Just because you work it doesn't mean there's no entitlement to UC. Unless you have capital of more than £16,000 and then you're both excluded from claiming.

If they are in the Support Group for ESA then they will be entitled to the LCWRA element of UC from the start of your claim. There will also be the work allowance, which means some of the earnings you receive will be ignored before deductions apply. With no help with the rent their work allowance would be £673/month. For every £1 of earnings received over that amount the UC would reduce by 55p.

Holymoley111

It's complicated as there isn't really a set date I moved in on. For years I have slept over at her house but as her condition has deteriorated I have spent more time there. I guess it was probably about 6 months ago that I finally moved in full-time.

I think the stop claiming option would be best.

Kimmy87

I disagree that's not best for your partner, if wholly on IR ESA she loses her income and has to rely on your wage to support two people, and if there is a change of circumstances such as a breakup of your relationship, she is left having to start again from scratch with the work capability process under UC, whereas now she has the protection to get LCWRA from the start of the claim automatically. That would also apply if the two of you moved out into somewhere of your own and needed to claim help with rent which is now paid via UC.

poppy123456

Stopping claiming won't prevent any possible overpayment because changes weren't reported. If they find out you were living together and they could if changes aren't reported now. I'm sorry misleading information was given when you were advised by citizens advice.

As I advised, with UC just because you're working this doesn't mean there's no entitlement. The only way to know this is to use a benefits calculator and put both of your details into it to see. Or you could just claim anyway and see if there's any entitlement.