Relationship breakdown. He's cancelling my name off ESA. Can I still get my carers?

xxjessexx

Hi guys I just need some advise so me and my partner of 11 years have decided to separate due to his mental health so he’s currently sleeping in one of my child bedroom and they are in my room at the moment I’ve applied to get on council list but that’s just a waiting game until a house comes available but the problem is he’s decided to cancel my name off the esa and claim in his own at our address will I still get my carers or will all my money be stopped I can’t claim single because he’s still living here I keep asking when he’s going to move out and he keeps saying next week but he never does so I guess am going to after wait to get another house when one comes up am just really worried because if I lose my carers then am not going to be able to live on anything and we have 4 children together and obv can’t claim on my own just yet. Thank you 

Beesmummy798

Hi there, it sounds as if you are in a difficult situation. If you're named on the property he should be the one claiming single and moving out, you shouldn't be having to do that. 

xxjessexx

Unfortunately we are both named on the tenancy. Oh I know he should be the one to go but he keeps telling me a date and when it comes to the date it doesn’t happen so am going to after leave myself. Am just really worried am going to be left with no money for months until one of us leaves so I can claim on my own I hate the situation am in it’s not fair on me or the kids. 

calcotti

If you are still caring for somebody then you are still entitled to Carer’s Allowance, it is not affected by your separation.

Are you claiming any other benefits (Tax Credits, Housing Benefit etc.)?

if you are separated you can claim Universal Credit as a single person even though you are still in the same house - although you may be asked questions about your relationship. Whether claiming UC is right for you will depend on what other benefits you are claiming.

xxjessexx

I was worried that because he’s cancelled the claim all money would be stopped and yes am still a carer and get tax credits and housing benefit I want to claim universal credit but I didn’t think I was aloud with him already put a claim in at this address I thought I would after move out to claim anything which am bidding on houses every week hoping il get out of here very soon 

calcotti

If DWP have accepted a change to his ESA claim to ignore you it means that they have agreed to treat him as single. It therefore follows that you should also be treated as single.

Whose name is the Housing Benefit claim in?

The Tax Credits claim is presumably joint names and HMRC may take a different attitude to DWP about whether you are a couple. A joint claim cannot be changed to a single claim. If you apply for UC the Tax Credits will end.anyway.

You can use a Benefits calculator to check entitlement. https://www.gov.uk/benefits-calculators

As previously advised your Carer’s Allowance is not affected. It will be deducted from your UC entitlement. When claiming UC you must declare your caring responsibilities and the UC calculation will include the carer element. As a carer you will not be expected to look for work etc.

xxjessexx

Thank you for your advise yes it looks like they have accepted it the benefits was going into our joint account but he’s told them to take my name and the kids name off it and changed to his private account with no questions asked by them they seemed very happy to do it. Tax credit and housing benefits are in joint names with me being the main person. I had a look how much universal il get and only thing il lose is the esa and get 40 pounds a week income support so I did say to him before he did it il just give you the full esa and il live off my carers and the kids will live off tax credits but he said no he didn’t want to do it he wanted my name off. So now stuck on what’s going to happen especially with rent and everything 

sandyp196

I would phone CAB,  welfare rights and shelter to get some advice on your money and housing situation. I have always found them all to be very helpful. 

calcotti

xxjessexx said:.. I had a look how much universal il get and only thing il lose is the esa and get 40 pounds a week income support ..

If you claim UC the Tax Credits would stop and you would not be getting IS. I agree with Sandy that you had better get advice so someone can go through your situation more fully and explain your entitlements to you. You need to do this quickly in order to get everything straightened out. Changes of circumstance should be reported ASAP to avoid overpayment of benefit.

xxjessexx

I’ve decided not to claim universal credit because I can’t afford to wait 6 weeks with no money once I’ve moved out that’s when am going to start a claim for uc if my rent doesn’t get paid I won’t be offered a house am going to ring tax credits today and housing benefit because the amount stays the same whether he’s on my claim or not and am not going to claim income support while he’s getting esa as single and explain we are still living together until one of us moves out. Hopefully it’s very straight forward and they are happy to keep my claim going 

calcotti

xxjessexx said:.. am not going to claim income support 

You can't make a new claim for Income Support anyway because it has been replaced by UC.

xxjessexx said:.. am going to ring tax credits today 

This is really important. If HMRC decide you are now single your Tax Credits will stop. If they consider you are still a couple then the Tax Credits can continue but you will still both be responsible for keeping HMRC informed about your joint income in order to finalise the award at the end of the year.

katie0714

Hi there. First of all I’m so sorry to hear that your struggling with the breakdown of your relationship and I hope in time you can find your way through it. 

I was in the same position (all be it in Scotland). There are so many services you can tap into to not only help with your benefits but also find you and your children alternative accommodation. 

If you make a claim for UC you WILL be able to get an advance payment and this should help you through until your payment date. 

You can also apply for a discretionary housing payment which should help with rent  - I know in Scotland that my local council wiped my arrears with a government grants after I moved into a home 3 weeks before giving birth. 

I know that UC might not seem like much but I find this so much more supportive than ESA. 

Single claimants over 25 will receive - £415 per month
for children born after 2017 will receive - £250
child benefit- £21 per week
housing benefit is paid in full
you only contribute £10 to council tax

there is also so many services that will support single parents and I’d encourage you to speak to CAB before moving ahead. 

I hope things work out for you x

pandorasbox

Hi there
i totally feel for you. It must be very stressful for all involved but these things unfortunately take time, especially with Covid-19 now hanging in the balance too!

take all the advice people have offered here and keep your chin up !

hugs