Hi, my name is minard46! I've separated from my husband. Can I take his name off my ESA claim? — Scope | Disability forum
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Hi, my name is minard46! I've separated from my husband. Can I take his name off my ESA claim?

minard46
minard46 Member Posts: 11 Listener
I have currently separated from my husband  I am the main claimant for esa can I take his name of my esa claim and just claim as single person he sil lives here but moving out I’m so stressed out about all this as I suffer with mental illness and don’t know what to do thank you 
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Comments

  • minard46
    minard46 Member Posts: 11 Listener
    Can any one Help I’m in a dilemma as I don’t know what to do
  • kami24
    kami24 Member Posts: 402 Pioneering
    Are you moving out? Will you live alone? Yes of course you can remove his name and are you on other benefits or premiums? I am on benefits new style esa as i have personality disorder and i live alone. You may have to claim UC 
  • kami24
    kami24 Member Posts: 402 Pioneering
    It is stressful i recently moved and my housing benefit ended so i am forced to claim UC sadly because i have housing costs. Change in circumstances mean you now have to claim UC this is new rules for disabled people since 27th January - before that date we could have chosen to stay on the old systems legacy benefits. I am tense about new style  esa myself as i haven't received it yet and not sure when i will get it and i have  rent to pay!!!! 
  • janer1967
    janer1967 Member Posts: 15,144 Disability Gamechanger
    Hi yes if you are the claimant you can take him off your claim 

    This will not force a move to uc but your eda will be recalculated as a single claim 

    Hope this helps 
  • minard46
    minard46 Member Posts: 11 Listener
    Thank you I hope my new claim claim dosent take to long as I’m struggling atm 
  • minard46
    minard46 Member Posts: 11 Listener
    My ex partner is living out I’m not at this is my home and only my name is on the tenancy so I can take his name of my esa claim can you tell me how long I wil have to wait as I’m on pip to 
  • janer1967
    janer1967 Member Posts: 15,144 Disability Gamechanger
    Your PIP will not effected 

    Like I said you need to ring dwp to ask about your payments of esa only they can answer that 
  • minard46
    minard46 Member Posts: 11 Listener
    I will ring them thank you 
  • Tori_Scope
    Tori_Scope Posts: 8,195

    Scope community team

    Welcome to the community @minard46 :) Thanks for joining. 

    I'm sorry to hear that you're in this situation. Are you currently receiving any support for your mental health? 
    Online Community Coordinator, she/her

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  • minard46
    minard46 Member Posts: 11 Listener
    Yes getting help of gp 
  • calcotti
    calcotti Member Posts: 5,298 Disability Gamechanger
    edited May 2021
    minard46 said:
    Thank you I hope my new claim claim dosent take to long as I’m struggling atm 
    It’s not a new claim. It’s a change of circumstances. Your existing claim will be recalculated.

    As he is still living in the house with you DWP are likely to ask about your living and financial arrangements in order to confirm that you are separated.

    When he moves out you should report that too. If you will then be living alone and your PIP includes a Daily Living you will be entitled to the Severe Disability Premium in your ESA if nobody is claiming Carer’s Allowance for looking after you.

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • calcotti
    calcotti Member Posts: 5,298 Disability Gamechanger
    edited May 2021
    kami24 said: Change in circumstances mean you now have to claim UC 
    This is not correct. The reason you had to claim UC was because you moved to a different local authority but were not permitted to make a new housing benefit claim so had to claim UC in order to get help with rent. Claiming UC then ended your income based ESA.

    A partner joining or leaving is not a change of circumstances that requires someone to claim UC instead of staying on ESA.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • minard46
    minard46 Member Posts: 11 Listener
    So I can still claim as a single person on esa even though my husband haven’t moved out yet I’m so confused about all this it’s just a change of circumstances then 
  • calcotti
    calcotti Member Posts: 5,298 Disability Gamechanger
    edited May 2021
    minard46 said:
    So I can still claim as a single person on esa even though my husband haven’t moved out yet I’m so confused about all this it’s just a change of circumstances then 
    Tell them your situation. It is just a change of circumstances. If they accept you are separated your claim will be recalculated as a single person. If they don’t accept you are separated nothing will change.

    DWP guidance here. 
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/890631/dmgch43.pdf

    Have a look a5paragraph 43027, example 2 is similar to yours. If you still share a bank account you will be less likely to be treated as separated.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • minard46
    minard46 Member Posts: 11 Listener
    I have my own bank account as I claim for my husband but like you said I just need a change of circumstances to get his name of my claim Ashe be moving out shortly 
  • Jean Eveleigh
    Jean Eveleigh Member Posts: 163 Pioneering
    edited May 2021
    this is a booklet that explains how you go about claiming as a single person when your ex is still living in the same home as you -https://www.advicenow.org.uk/guides/survival-guide-benefits-and-living-together
  • calcotti
    calcotti Member Posts: 5,298 Disability Gamechanger
    minard46 said:
    I have my own bank account as I claim for my husband but like you said I just need a change of circumstances to get his name of my claim Ashe be moving out shortly 
    Even if you get them to accept you are separated now, as previously advised, make sure you update them again when he moves out,
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • minard46
    minard46 Member Posts: 11 Listener
    I’m due my payment for esa tomorrow willl I still get paid if I ring dwp today and do a change of circumstances and get my husbands name of my esa claim I really don’t think I will 
  • calcotti
    calcotti Member Posts: 5,298 Disability Gamechanger
    If you're worried just leave ringing them until after you've been paid. That gives you two weeks to get things sorted.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • minard46
    minard46 Member Posts: 11 Listener
    I could wait for 2 weeks but my husband wants to go job centre today to do a change of circumstances knowing that I’m going to get paid my esa tomorrow he is making things complicated for me so I want get no esa that’s the truth if the matter he have been in control of my money for nearly 10 years as he have had my on line banking on his phone I have been to the bank and changed all my details so only I have access to my money now and going to open a new account with the bank 

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