Can ESA be claimed if move in with working partner

judy26

Hi, hope someone might be able to help.
My son claimed ESA for a few years but has tried to work over the last 18 months so gave up his claim.  He is on the autistic spectrum, but was wanting to try and be self sufficient and maybe move in with his girlfriend (who works) He is having little success in maintaining a job, losing his present one yesterday.  So, he is intending attempting to claim ESA again and maybe get a few hours part time somewhere or volunteer.  Can you tell me would he be allowed to claim this if he moves in with his partner who works full time. If not, he would find it very difficult to be completely dependent on her.  Any advice would be much appreciated.  I have tried the usual trawling the internet, but getting conflicting messages?....
Thank you

Adrian_Scope

Hello @judy26 and a warm welcome to the community. 

There are a few options available to your son but one of them is dependant upon his national insurance contributions for the last few years.

New Style ESA and Universal Credit. Universal Credit has replaced income-related ESA, so if your son hasn't contributed enough in the last few tax years, he will need to claim UC and submit fit notes to trigger a work capability assessment. If he claims UC and moves in with a partner, they would have to make a joint claim and her income will be used when they calculate how much UC they are entitled to. 
If he has enough NI contributions, he could claim New Style ESA. This is contribution-based, so if he moved in with a partner her wages wouldn't affect his ESA. 

Have a look here to read more about NS ESA: https://www.gov.uk/guidance/new-style-employment-and-support-allowance#eligibility

Please let me know if you have any other questions.

judy26

Thank you so very much Adrian, this was very helpful... much appreciated.... and thank you for the warm welcome! 

Adrian_Scope

You're most welcome @judy26. Please don't hesitate to ask if you have any other questions.