Will partner get universal credit if i work full time? — Scope | Disability forum
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Will partner get universal credit if i work full time?

CD100
CD100 Community member Posts: 5 Listener
Hi, I was wondering if anyone could help me. I work full-time. My partner has been unable to work since Oct last year. He has just been assessed and given enhanced pip for both mobility and daily living. He is on universal credit and just been assessed as LCWRA. His universal credit claim was separate to me as he didn't live with me before his operation last year. Now he does live with me they have asked us to do a joint claim. Will me working mean that he won't get universal credit? 
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Comments

  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited April 2022
    You will have a maximum joint UC entitlement.

    There will be a 55% deduction for any earnings in excess of your Work Allowance (£344 if the claim includes help with rent, £573 if it doesn't). Whether or not there is any UC entitlement depends on what the maximum entitlement is and how much you earn.

    If claiming UC you would be entitledled to the carer element if you provide at least 35 hours of care to him.That will increase the maximum entitlement.

    If your partner has a complete NI record for 2019-20 and 2021-21 he could claim new style ESA which is not means tested and would be an individual claim. In the Support Group (equivalent to LCWRA) he would be paid £117.60/week. Any ESA will be deducted from any ESA but in your situation the UC, if anything, may be worth less than ESA would be.

    You can use a benefit calculator to work out entitlement, see entitledto.co.uk or turn2us.org.uk
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • poppy123456
    poppy123456 Community member Posts: 53,941 Disability Gamechanger
    Your partner should have reported the changes when you started to live together so there maybe an overpayment now.
    You will need to claim UC as a couple. Whether there's any entitlement will totally depend on your joint circumstances such as monthly earnings etc etc.
    You will have the work allowance, which will mean a certain amount of earnings will be ignored before the 55% deductions apply.
    If you rent your home the work allowance will be £344, if you don't rent your home it's £573 per month.
    As your partner is claiming daily living PIP if you look after them for at least 35 hours per week then you can report being their carer and you'll have the carers element included in your maximum entitlement.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • CD100
    CD100 Community member Posts: 5 Listener
    Oh OK thanks. I was under the impression that as a new claim he was only able to claim universal credit now? I thought ESA was the old system? Would he be able to change to that from universal credit (if it worked out in his favour). 
    I also thought that I couldn't claim carers for him as i worked too many hours? I definitely provide over 35 hrs of care to him a week.
    My job is only as a support worker full time earning only about 10.50 p/h, I do often have to work over time though. 
    Another thing I was unsure of would we be entitled to a 25% council tax reduction? I was told councils don't do any sort of exemptions or reductions but i've read differently. 
    Thanks for your help. I will try another benefits calculator, I have done them in the past but it came out different to what I was actually able to get.
  • poppy123456
    poppy123456 Community member Posts: 53,941 Disability Gamechanger
    CD100 said:
    Oh OK thanks. I was under the impression that as a new claim he was only able to claim universal credit now? I thought ESA was the old system? Would he be able to change to that from universal credit (if it worked out in his favour). 


    For the old Income Related ESA you can't make a new claim. As calcotti advised above he will only be able to claim New style ESA if he's worked and paid the correct amount of NI contributions in those tax years above.
    CD100 said:

    I also thought that I couldn't claim carers for him as i worked too many hours? I definitely provide over 35 hrs of care to him a week.


    There's no earnings limit for carers element. The hours you work make no difference either.
    CD100 said:

    Another thing I was unsure of would we be entitled to a 25% council tax reduction? I was told councils don't do any sort of exemptions or reductions but i've read differently.
    That will depend on your circumstances. Are you the only 2 adults in the house? If so then you maybe entitled to the carers discount which is 25% reduction. https://www.carersuk.org/help-and-advice/financial-support/help-with-household-finances/council-tax-rate-relief



    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • CD100
    CD100 Community member Posts: 5 Listener
    He should also have a completed NI record as he was working full time before his accident 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    CD100 said:
    He should also have a completed NI record as he was working full time before his accident 
    In that case I would recommend claiming new style ESA.

    I should have said however that he can only claim ESA if he is not entitled to SSP. If he is receiving SSP he will be entitled to ESA from the day after SSP entitlement ends. He will need form SSP1 from his employer to confirm the date SSP entitlement ends.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • CD100
    CD100 Community member Posts: 5 Listener
    We are the only 2 adults in the house.

    He is not getting SSP.

    Thanks so much for the help. Lastly, how would I go about changing to new style ESA, do i write to universal credit on the journal, or do I need to phone and make a separate claim?


  • CD100
    CD100 Community member Posts: 5 Listener
    I think whats been confusing me is on the entitled to website it says to claim carers allowance you must 'Have net earnings of less than £132 a week, from April 2022.' And i though when i had looked before that's what i always come back to. However it does say on the benefits calculator he can get the new style ESA and I can claim carers allowance. Its all very confusing. 
  • poppy123456
    poppy123456 Community member Posts: 53,941 Disability Gamechanger
    Carers allowance is totally different to carers element of UC. As you work full time you can’t claim carers allowance.
    See link about claiming New style ESA.
    https://www.gov.uk/guidance/new-style-employment-and-support-allowance#how-to-apply
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited April 2022
    CD100 said:
    We are the only 2 adults in the house.

    He is not getting SSP.

    Thanks so much for the help. Lastly, how would I go about changing to new style ESA, do i write to universal credit on the journal, or do I need to phone and make a separate claim?
    He can claim ESA here
    https://www.gov.uk/guidance/new-style-employment-and-support-allowance
    It’s a separate claim. It can be backdated three months.

    Please is a benefit calculator before proceeding.

    If he was employed then I would have expected him to get SSP 28 weeks from going sick.

    Given that he is already on UC and, if I have understood correctly, he moved in with you some time ago I think you need to complete a UC claim in order for them to work out his entitlement and whether or not he has been overpaid.

    You cannot claim Carer’s Allowance If you earn more than £132/week but, as advised earlier, there is no earnings limit for the carer element of UC.

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

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