Lost ESA - is this right?

elliepaige

Hi .I was on Esa for cervical spondylosis and fibromyalgia , but as soon as i moved in with my fiance they took it away from me and told me to get a job or he has to support me .this seems unfair as i was clearly entitled to Esa for my conditions and now I'm being forced back to work .is this right ? 

Bsydd

Hi You need to see your Doctor.
Or the Job centre.
Bsydd

JennysDad

Hello Ellie @elliepaige and a warm welcome to the community. Very glad you've found us. What you are describing certainly does not sound right or fair, but I'm no expert. I'm going to refer your post to those who are and, hopefully, someone will get back to you soon.
Warmest best wishes
Richard
@JennysDad

Ripples

Are you saying that you attended a WCA  and they declared you  fit for work and if so did you appeal this decision?  Or do you mean they have cut your benefit because your partner is working?

Waylay

I believe that if you're living with a partner who works over a certain number of hours a week, you can't get ESA. Not certain, tho.

[Deleted User]

Hi elliepaige  and Waylay

Yes, if your partner ie in this case your fiance is working 24 hours or more, there is no entitlement to income-based ESA. If you have contributory ESA, this can continue, but of course only for 52 weeks, unless you are in the support group. 

If you live with a partner you can only get contributory ESA, and you have got to be in the support group to continue to get that, once you have had it for 52 weeks.

I think that possibly it's mainly people who have had to claim ESA would know that. Most people assume that if you have paid contributions, you would continue to get a earnings replacement benefit indefinitely, if illness or disability prevent you from working . 

Gill_Scope