What are our options? — Scope | Disability forum
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What are our options?

RichardNeffi
RichardNeffi Member Posts: 1 Listener
I am disabled and receive income related ESA in the support group as well as PIP enhanced. The issue that I am having is that I've been married nearly 6 years to a non EU citizen and we finally got a spouse Visa for her in February 2018. This gives her no recourse to public funds and as a result the SDP I was claiming stopped even though the DWP consider me single. We cannot claim carers allowance and she is finding it impossible to get employment. So basically my dilemma is this we lost the SDP when Neffi arrived and nothing replaced it meaning that we are now struggling financially. What can I do please?

Comments

  • thespiceman
    thespiceman Member Posts: 6,390 Disability Gamechanger

    Hello @RichardNeffi  Pleased to meet you welcome.

    Thank you for joining and sharing.

    I am one of the team of community champions who guide, advise and help new members who join the forum.

    Sorry to hear of your problems. I know there will be members of our community or a member of our team be able to give you an answer.

    I would consider speaking to CAB.  They have knowledge and expertise in benefit enquiries.

    Something to consider.

    Please take care.

    @thespiceman

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  • Ami2301
    Ami2301 Community Co-Production Group Posts: 7,946 Disability Gamechanger
    Hi @RichardNeffi welcome to the community! Sorry to hear what has happened. I am unsure however members of our community will be able to answer your question and will be in contact soon. Do let us know if you have any further questions :)
    Disability Gamechanger - 2019
  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,682 Disability Gamechanger
    @BenefitsTrainingCo
    Can you help?
    Scope
    Senior online community officer
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hi @RichardNeffi Unfortunately I believe, from what you have said, that the DWP decision is correct.  Your partner is a person subject to immigration control and has no recourse to public funds - income related ESA is a public fund.  You have to jointly claim your ESA now your partner is with you and they count as another person in the house which will prevent you being paid the severe disability premium.  Of course because your partner has no recourse to public funds, you will only be paid a single person's ESA rate.  So effectively you have been hit twice by the rules.  I am sorry but I cannot make any other suggestions to help you. You should also bear in mind that if your partner finds employment, their earnings must be declared to the DWP and will affect the amount of ESA you are paid.  Sorry not to have better news for you.  Sarah
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland

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