Dating and relationships
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Who keeps the claim if we split up?

BeowulfieBeowulfie Member Posts: 9 Listener
hi! 

So me and my partner have split up, but still share the same bedroom etc (as we are young with no other room at my grandparents'), so I acknowledge we should stay as a joint-claim until he has moved out as currently still "live like a couple". I wondered though when he moves out, would we each have to make a new claim or could I keep the current claim (and be reverted to single claim) and he make a new one? I say this as he is only on JSA which will be more simple than me who gets UC and ESA, I just got re-approved for ESA so it would make me incredibly anxious/depressed to have to start a new one and go through everything again etc when the time comes. 

Thanks!  

Replies

  • woodbinewoodbine Community Co-Production Group Posts: 4,556 Disability Gamechanger
    Any claim that is yours and in your name would stay your claim, any joint claims would be closed and you would be assessed as a sole claimant.
    "Putting a child into care, isn't caring for a child" (T.Rhattigan)
  • BeowulfieBeowulfie Member Posts: 9 Listener
    Will that take very long do you think? Or will i still receive my benefits on the same-ish day as usual? :)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited January 2
    Hi,

    If you're sharing a room you will have to continue to claim as couple until your partner moves out, or has a room of their own, even then it will be very difficult to prove you're no longer a couple but it's not impossible.

    You say he's only claiming JSA and you're claiming ESA and UC but that doesn't sound right at all. The UC is means tested and as you're living together as partners then you should be claiming UC as a couple, you should not be claiming this by yourself. Your ESA should be contributions based or New style ESA which will continue as normal because it's in your name.

    Can you please confirm that you're  claiming the UC as a couple or just yourself? Sorry but it's not really clear here.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • BeowulfieBeowulfie Member Posts: 9 Listener
    Hi,

    This was a a hypothetical question about the future when we are physically separate in different households, on how easy it would be to go back to a single claim for myself (like how fast etc) and whether I would have to go through the whole process again or I can keep my claim and he'll just be booted off so make his own single claim. We will be claiming jointly as a couple till he is out of the household entirely, that is no issue. I just don't want to wait a month when he is out of the household to receive what will be ESA and whatever benefits I get.

    Sorry for the conclusion!
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Oh i see, it's just on your first comment you did say that "he's only on JSA" but you're claiming ESA and UC so i got confused with that.

    When he does move out your ESA will remain as that because it's your claim, which must New style ESA because that's not part of UC.

    For your joint UC claim you will need to each log into your journals and report the changes. Once you go through that process your claims will each convert to a single person claim and there will be no break in your claims. You do not need to start a new claim.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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