What benefits am I entitled to?
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My partner walked out of his job on Monday, is he entitled to any benefits?

Katye03Katye03 Member Posts: 8 Listener
Hello I was on the forum last year asking about benefits when my partner was made redundant. I got answers from here, now I'm in a mess ! He was made redundant last year , however got a new job shortly after, then unfortunately had a nervous breakdown, so was on SSP for 28 weeks so left that company, unfortunately he was diagnosed with prostate cancer in January 2021, he did get another job even though he was waiting for surgery, he had surgery and went back to the new 2nd job , what started off as a job he could do and really enjoyed, then it changed , nobody checked at work how he was, he was sitting down to work at the beginning of this new job, they then changed his job and he was standing all day and I think it all became too much , and he walked out on Monday of this week, distraught. So that's the back story... Obviously now the depression is back plus he only had his surgery in April, he did email the company explaining why he left the premises , and he had been struggling but liked the original job, I'm guessing his job is now terminated we haven't heard from them yet, where do I go from here? I am sick and disabled myself, and I don't know what to do, he's walked out of a job and now his mental health is off the scale plus dealing with the aftermath of major surgery. Can he claim any benefits? He's had to contact his GP about his mental health, but I don't know where to start on where to go from here, I've been on legacy benefits for years ESA support, PIP enhanced for both, but this situation is something I can't deal with, can anyone advise? Sorry for long post. 

Replies

  • Adrian_ScopeAdrian_Scope Testing team Posts: 8,062

    Scope community team

    Hello @Katye03, it sounds like you and your partner have had a lot on. I'm glad he's in contact with his GP regarding his mental health but how are you getting on? 

    Did the GP provide him with a fit note at all? It may be worth him speaking with ACAS about his employment and employment rights. 

    With regards to benefits, it's difficult to advise without a little more information. Do you claim anything else (Housing Benefit or Tax Credits for example) and do you have any dependant children living with you?
    Depending on his past National Insurance contributions, if he doesn't feel fit enough to work at the moment he could look at applying for New Style ESA. An alternative might be for him to look at becoming a carer for you (if his health is up to it) and claiming Carer's Allowance.

    It might be worth seeking some face-to-face advice regarding your situation. You can find out what's available in your area through Advicelocal.
    Community Manager
    Scope

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  • Katye03Katye03 Member Posts: 8 Listener
    Thank you for your advice, I'm really struggling with all of this, I was told that as I am Contribution based ESA that only one of us could get that, so I'd be worse off, we don't get housing or council tax benefit, but I think we are going to have to claim Universal credit to get help, he's never done this before, I discussed about ESA and after he's seen the stress I go through dealing with the forms he doesn't want to go that route, however he is my carer as I have seizures during the night, so that probably would be a better option and he can maybe find a days work when he feels better? To claim carers and the housing benefits do we do that all in one UC claim or claim carers first, he's yet to hear back from the company he's left.
  • calcotticalcotti Member Posts: 2,725 Disability Gamechanger
    edited August 4
    Katye03 said:
    Thank you for your advice, I'm really struggling with all of this, I was told that as I am Contribution based ESA that only one of us could get that, 
    That is not correct. If he meets the NI contribution requirements for the tax years 2018-19 and 2019-20 he can claim new style ESA also.

    To be clear is your ESA new style ESA or is it the old type of ESA? If it is new style ESA then that is an individual benefit. If it is the old style ESA you can have the award reviewed to see if you are entitled to an income based top up now that your husband is not working.

    However if you want help with rent you will have to claim UC which would end any entitlement to income based ESA. If you do claim UC your contribution based (or new style) ESA will continue and be taken into account when working out how much UC you are entitled to.

    Note that you cannot claim UC if you have savings over £16,000.

    If you claim UC he should state that he cares for you. Because you get a Daily Living PIP then he will be entitled to the carer element of UC. He does not need to claim Carer’s Allowance to get this, He can claim CA if he wishes, it would not increase your income because it would be deducted from the UC but he would get a Class 1 NI credits (but note that, unlike UC, CA is taxable income).

    Because you are in ESA Support Group you will be entitled to the LCWRA element.

    Your UC award would therefore include the standard couple allowance, the housing element, the LCWRA element and the carer element (plus child element if you have children).

    Despite my opening paragraph there will be no financial gain from your husband claiming ESA if you will be claiming UC because the ESA will be deducted from the UC (unless there are other circumstances which would result in little UC payable).
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Katye03Katye03 Member Posts: 8 Listener
    I am on old style contribution ESA and yes he has paid NI contributions, I haven't ever claimed income based ESA
  • calcotticalcotti Member Posts: 2,725 Disability Gamechanger
    edited August 4
    Katye03 said:
    I am on old style contribution ESA and yes he has paid NI contributions, I haven't ever claimed income based ESA
    So you could have your ESA reassessed to include income based entitlement but this would not get you any help with rent so UC may well be the better option.

    You can use a benefits calculator to check your entitlement
    https://www.gov.uk/benefits-calculators
    When looking at the results bear in mind that UC amounts will reduce by £86.67/month from October.

    You will either have contribution based ESA plus UC including the elements outlined in my earlier reply or income based ESA plus Carer’s Allowance.

    Council Tax Reduction will be claimed separately from your local authority. Entitlement will depend on the rules of your local authority scheme.

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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