Can my partner claim ESA for his own conditions as he's receiving it on my claim? Or would it be UC?

Kitty1

Hi all
hope you are well. I am on ESA support group and my partner is on my claim as a partner. He has severe osteoarthritis in both shoulders with no cartilage and is in pain daily. He had to give up work earlier in the year. He has been to see his consultant today and has been scheduled in for a full replacement shoulder operation in July of next year. I am just wondering if he can claim ESA for his own condition as he is already receiving it on my claim or would he have to apply for UC? He gets PIP standard daily living. 

Thank you

poppy123456

For him to be able to claim New style ESA then he would need to have paid the correct amount of NI contributions from working in tax year April 2018 to March 2020. https://www.gov.uk/guidance/new-style-employment-and-support-allowance

I'm assuming that because he was working then your ESA must be part Contributions based?

He won't be able to claim UC on his own because it's a means tested benefit and you will need to claim as a couple. This would then end your Income based ESA.

Kitty1

Thank you for your help

calcotti

If he does claim new style ESA then the amount he receives will be deducted from the income based ESA you receive. One advantage of him claiming ESA for himself is that he will get Class 1 NI credits which will count towards his state pension. He doesn't get these as a partner on your claim.

He can check whether or not he needs further contributions/credits to get a full pension 
https://www.gov.uk/check-state-pension

It may be worth getting a full benefits check done  to see if you are claiming everything you can to maximise your income.
https://advicelocal.uk