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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

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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minard46

Can any one Help I’m in a dilemma as I don’t know what to do

kami24

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

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

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

Thank you I hope my new claim claim dosent take to long as I’m struggling atm

minard46

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

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

I will ring them thank you

Tori_Scope

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?

minard46

Yes getting help of gp

calcotti

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.

calcotti

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.

minard46

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

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.

minard46

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

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

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,

minard46

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

If you're worried just leave ringing them until after you've been paid. That gives you two weeks to get things sorted.

minard46

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