Employment and Support Allowance (ESA)
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Hi, my name is minard46! I've separated from my husband. Can I take his name off my ESA claim?

minard46minard46 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 

Replies

  • minard46minard46 Member Posts: 11 Listener
    Can any one Help I’m in a dilemma as I don’t know what to do
  • kami24kami24 Member Posts: 370 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 
  • kami24kami24 Member Posts: 370 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!!!! 
  • janer1967janer1967 Member Posts: 9,159 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 
  • minard46minard46 Member Posts: 11 Listener
    Thank you I hope my new claim claim dosent take to long as I’m struggling atm 
  • minard46minard46 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 
  • janer1967janer1967 Member Posts: 9,159 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 
  • minard46minard46 Member Posts: 11 Listener
    I will ring them thank you 
  • Tori_ScopeTori_Scope Posts: 4,033

    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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  • minard46minard46 Member Posts: 11 Listener
    Yes getting help of gp 
  • calcotticalcotti Member Posts: 1,188 Pioneering
    edited May 3
    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.
  • calcotticalcotti Member Posts: 1,188 Pioneering
    edited May 3
    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.
  • minard46minard46 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 
  • calcotticalcotti Member Posts: 1,188 Pioneering
    edited May 3
    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.
  • minard46minard46 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 EveleighJean Eveleigh Member Posts: 122 Pioneering
    edited May 3
    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
  • calcotticalcotti Member Posts: 1,188 Pioneering
    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.
  • minard46minard46 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 
  • calcotticalcotti Member Posts: 1,188 Pioneering
    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.
  • minard46minard46 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 
  • calcotticalcotti Member Posts: 1,188 Pioneering
    minard46 said: I could wait for 2 weeks but...
    I wasn't suggesting you wait two weeks. I was suggesting you ring them as soon as you can see the next payment has come in tomorrow.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Cher_ScopeCher_Scope Posts: 3,347

    Scope community team

    minard46 said:
    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 
    Hi @minard46

    I hope the replies received have helped reassure you there's nothing to be worried about in reporting your change of circumstances to the DWP.  

    I'm sorry to hear your ex-partner had such control of your money while you were together.  Was this something you ever reported?  Also, does he still have access to any more of your finances?  You absolutely did the right thing in changing your bank details and I hope that when he leaves your home, you will be much happier.  

    If you want to get further advice or go over what happened with your ex-partner, then I'd highly recommend getting in touch with Refuge.  They have a 24 hour free national helpline which you can ring on 0808 2000 247 and this Refuge webpage goes over what to do when someone who has abused you (including financially) leaves.  

    I'm going to email you to talk over some more of this in detail but please let us know how you get on and good luck.  
    Online Community Co-ordinator

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  • minard46minard46 Member Posts: 11 Listener
    Thank you so much I have all my bank details now and going to wait till I get paid my esa tomorrow and take his name of my claim and got some lady from the bank helping me to set up anew bank account as he knew all my details and took control with all my money such as paying bills and what ever I’m not being controlled any more I dint think he can’t except our marriage is over it’s veen long over due for me many thanks for your help if I need help I know where to go fir help 
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