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Change of circumstances

geordie12

My husband who is my carer are parting I currently claim ESA for us both I get highest rate pip and motability I think the housing benifit is in his name can I just claim sdp when he stops claiming carers or will I have to migrate to universal credit I will no longer be claiming ESA for him and I may have to make a new housing benifit claim I have been told I can claim sdp then when I receive this claim housing benifit I'm totally lost it's bad enough were parting without the stress of universal credit as well please any advise I would grateful for thanks

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geordie12

Would the change In circumstances. And the change in my esa not automatically trigger a migrate to universal credit

poppy123456

geordie12 said:

Would the change In circumstances. And the change in my esa not automatically trigger a migrate to universal credit

If the ESA claim is in your name, not your husbands then it won't prompt a move to UC. When claiming ESA as a couple, it's always Income Related. You'll need to report the changes to ESA. You can't claim the SDP until your partner ends the carers allowance claim.

For your tenancy agreement for your house, if it's not in your name you'll need to speak to the landlord because you can't claim housing benefit unless the tenancy agreement is in your name.

geordie12

My tenancy is in my name but I have a feeling for some reason the housing benifits were changed over to his name we rent through the local authority Ive lived in the same house for 30 years and I will stay here

poppy123456

You won't be able to claim housing benefit until you claim the SDP, assuming that you live alone or classed as living alone once your partner leaves.

geordie12

I've just had this reply from the welfare rights

Thank you for your emailed request for information regarding the possible changes in your circumstances

To be entitled to the Severe Disability Premium (SDP) there is certain criteria that must be met.

· You must be receiving a qualifying benefit like Personal Independence Payment, Disability Living Allowance or Attendance Allowance

· No one is claiming Carers Allowance for looking after you

· You must be the only Adult living in the property

If your circumstances change and you meet all of the above you would be entitled to the SDP however before advising the Employment and Support Allowance (ESA) of the change of circumstances, it would be beneficial to have the housing benefit changed into your name if you are the lead tenant of the property.

This would not be classed as a change of circumstances for housing benefit and they would put the SDP on the Housing Benefit records. Once this has been done when you inform the ESA you will be able to advise you have and SDP entitlement on yo butur housing benefit and would be prevented from claiming Universal. Credit

poppy123456

Having the ESA changed to a single person claim would not prompt a move to UC because the claim is already in your name and you're already claiming income related because you are claiming as a couple.

You said you were already claiming housing benefit in your name so no changes there, except you do need to report the changes to your local council. You will then be eligible for a single person discount in your council tax.

All that needs to be done before you claim SDP is for your partner to cancel the carers allowance claim. Once that is done then you can claim the SDP.