Esa partner working between 23 and 24 hours a week on minimum wage

Bingbong123

Good evening all, 

My partner has recently left his previous job in the last few weeks. We have put in a joint claim for IR Esa, I used to claim ESA Income related up until we moved in together but since he moved in and was working 40 hours a week in his previous job I declared the change in circumstance and I was no longer entitled to it. 

Currently going through the process of waiting to hear back from them after sending in a form with a detailed description that he is no longer working. He stopped working due to my needs, I couldn't cope on my own anymore. My mental and physical health seems to have worsened over the last 6 months. I am unable to work due to disability and long term illness.  I am in receipt of high personal independence payment for both daily living and mobility.

Since my partner has left his previous job he's been getting frustrated. hes someone who likes to be doing something with his time. 

He has questioned whether or not to get a part time job and after searching he's been offered a position for a part time role offering minimum wage and between 23-24 hours a week. 

I wondered if you guys could please tell me if we would siill be entitled to ESA (IR)?
After much searching on the Internet I can't find any answers to my question. 

Thanks in advance  ?

poppy123456

Hi,

When your ESA payments stopped did your claim remain open for NI credits only? If they didn't then you won't be able to re-claim Income Related ESA because it no longer exists. Universal Credit has replaced this and is now in all areas.

If your claim remained open then unfortunately your partner working that amount of hours will mean that you won't be entitled to Income Related ESA.

Have you thought about claiming Universal Credit? It's a means tested benefit so you will have to claim as a couple. If your ESA claim remained open for NI credits, which group were in previously in?

Bingbong123

Hello poppy123456 

Thanks for your response ?

Yes I did continue to receive ni credits, also I was in the support group when I claimed also received the severe disability premium. 
I'm really confused as it says on the gov website that a partner can work up to 24 hours a week doing any type of paid work but their earnings may affect how much you get. 
So much information to try to understand. 

But I really appreciate our response so thank you ?

Bingbong123

And in response to the Universal Credit question, i am not in an area which provides it and I have also received a disability premium in the last month. So I am not entitled to claim ?

poppy123456

If your partner works any amount of hours under 24 hours he will be able to keep £20 per week. The rest will be counted as Income £1 for £1 for your ESA . NMW is £8.21 per hour (over 25) times this by 23, which gives a total amount of £188 before tax.

ESA support group couples amount is £177.50 per week. With his wages being £188 before tax then your ESA will almost be reduced to zero because of his income.

All areas are now a full UC area and have been since middle of December 2018, which means it's definitely in your area now.

As you're living with your partner then you're no longer entitled to the SDP so the new rules won't affect you.

When you claim UC as a couple then your ESA Support Group award will be honoured in UC and you'll be placed into the relevant group, which is LCWRA. It could potentially take a while for the award to transferred across but when it is eventually done then you'll receive the extra £336 per month on top of your other elements.

Put both of your details in this benefits calculator with your partner working 23 hours per week and see what you could claim.

https://www.entitledto.co.uk/

Your partner can also claim the carers element of UC which will give you an extra £160 per month month.