Partner gets ESA income based and lives with parents, will she be moved to UC when she moves in

Corbula

My partner lives with her mum and dad  a/:_nd gets income based ESA and is in the support group and she gets carers allowance. Also PIP AND DLA for our daughter but I know these won't be affected.

When she moves in with me and tells the ESA people will that stop and she will have to claim for UC? I've read somewhere that you might be able to keep it on ESA if you're staying in the same local authority. Is this true? 

If there's no other way but UC she might be better moving to that first then changing the address so she doesn't have to apply for the support group again (the limited capability element).

Can you advise the best way to proceed please? 

poppy123456

More information is needed to be able to help.

Do you work or claim any benefits yourself? Is she currently claiming tax credits? and finally, will you need to claim for help with any rent if you live together?

Corbula said:

 Also PIP AND DLA for our daughter but I know these won't be affected.

That's not possible for her to be claim both of those at the same time for your daughter. If she's under 16 it will be DLA.

calcotti

As poppy says it isn’t possible to advise without knowing whether you claim any benefits yourself and whether she (and you) will be helping to claim with rent.

Corbula

poppy123456 said:

More information is needed to be able to help.

Do you work or claim any benefits yourself? Is she currently claiming tax credits? and finally, will you need to claim for help with any rent if you live together?

Corbula said:

 Also PIP AND DLA for our daughter but I know these won't be affected.

That's not possible for her to be claim both of those at the same time for your daughter. If she's under 16 it will be DLA.

Hi Poppy, sorry I forgot to include that information. 

I work full time and claim no benefits.  My partner doesn't claim any tax credits.

I don't rent I'm mortgaged in my house and have an OK salary. She will be moving in but the mortgage is mine so she won't have any rent or anything like that. 

With the PIP and DLA sorry I was meaning she gets PIP for herself and the DLA for our daughter. Our daughter is only 1.

calcotti

She will simply need to inform ESA that she is now living with you. You will need to provide information about your capital and income. Her ongoing ESA will then be assessed to take into account your joint finances. It is possible that she will no longer be entitled to any ESA because only £20 of your earnings are ignored.

As you say, her CA and PIP and her daughter’s DLA are not affected.

It’s possible that if you both claimed UC there might be entitlement even if no ESA would be payable. This is because UC would include money for your daughter and the deduction for your earnings will be much lower on UC. 

For UC you would have a couple allowance (£525.72), the LCWRA element for her (£354.28) and you could claim carer element for looking after her (£168.81). She would also get a child element (£244.58) and a disabled child element (which will be either £132.89 or £414.88 depending on what level of DLA care your daughter is getting). This will give a maximum UC amount.

Her CA would be deducted (£302.03) and there would be a deduction of 55% of your earnings over £573/month. The balance remaining will be the UC payable. Any capital over £6,000 will also reduce the UC payable for £4.35/month for every £250 or part thereof over £6,000.

If you will have joint capital over £16,000 you will not be able to claim UC.

You could use a benefit calculator to check entitlement.

Corbula

calcotti said:

She will simply need to inform ESA that she is now living with you. You will need to provide information about your capital and income. Her ongoing ESA will then be assessed to take into account your joint finances. It is possible that she will no longer be entitled to any ESA because only £20 of your earnings are ignored.

As you say, her CA and PIP and her daughter’s DLA are not affected.

It’s possible that if you both claimed UC there might be entitlement even if no ESA would be payable. This is because UC would include money for your daughter and the deduction for your earnings will be much lower on UC. 

For UC you would have a couple allowance (£525.72), the LCWRA element for her (£354.28) and you could claim carer element for looking after her (£168.81). She would also get a child element (£244.58) and a disabled child element (which will be either £132.89 or £414.88 depending on what level of DLA care your daughter is getting). This will give a maximum UC amount.

Her CA would be deducted (£302.03) and there would be a deduction of 55% of your earnings over £573/month. The balance remaining will be the UC payable. Any capital over £6,000 will also reduce the UC payable for £4.35/month for every £250 or part thereof over £6,000.

If you will have joint capital over £16,000 you will not be able to claim UC.

You could use a benefit calculator to check entitlement.

Wow that's very informative, thank you. 

Sorry I should of said my salary and savings. Would this effect her keeping her ESA? My salary just went up to a little over £32k and have savings of roughly £10k. She doesn't really have any savings.

When you said she might not be entitled to ESA because only £20 is ignored, did you mean the first £20k of my salary is ignored?

poppy123456

If her ESA is all Income Related there will be no entitlement and it will end because of your earnings. Only the first £20 is ignored, not £20k. It’s a means tested benefit.

As you will be living as a couple then your savings and earnings will be taken into consideration. 

You will need to use the benefits calculator to see if there’s any entitlement to UC. There will also be a deduction for your savings because they are over £6,000.
If any part of her ESA is contributions based then this will continue (£117.60/week)

calcotti

Corbula said:.

When you said she might not be entitled to ESA because only £20 is ignored, did you mean the first £20k of my salary is ignored?

No, I meant £20/week is ignored. With your level of earnings there will be no entitlement to income based ESA.

I think there will likely be some UC entitlement. The calculation would be something like this:

say net salary is £1,750.00/month, earnings taken into account = £1,177.00. Therefore earnings deduction is £647.35

standard allowance £525.72, LCWRA element £354.28, carer element £168.81, child element £244.58, disabled child element £132.89 (lower level assumed). Maximum UC amount = £1,426.28/month. It will be higher if the higher disabled child element applies.

minus CA £302.03, minus savings (£10,000) £69.60 and earnings deduction £647.35

UC payable = £407.30/month.

However you should use a benefits calculator to check your exact circumstances. 

poppy123456 said:

If any part of her ESA is contributions based then this will continue (£117.60/week)

I inferred that because she is receiving CA the ESA is entirely Income based ESA because contribution based ESA would mean that CA would not be paid (although DWP sometimes get it wrong).

poppy123456

calcotti said:

I inferred that because she is receiving CA the ESA is entirely Income based ESA because contribution based ESA would mean that CA would not be paid (although DWP sometimes get it wrong).

Ah yes, completely forgot about that. Thanks calcotti.

Corbula

calcotti said:

Corbula said:.

When you said she might not be entitled to ESA because only £20 is ignored, did you mean the first £20k of my salary is ignored?

No, I meant £20/week is ignored. With your level of earnings there will be no entitlement to income based ESA.

I think there will likely be some UC entitlement. The calculation would be something like this:

say net salary is £1,750.00/month, earnings taken into account = £1,177.00. Therefore earnings deduction is £647.35

standard allowance £525.72, LCWRA element £354.28, carer element £168.81, child element £244.58, disabled child element £132.89 (lower level assumed). Maximum UC amount = £1,426.28/month. It will be higher if the higher disabled child element applies.

minus CA £302.03, minus savings (£10,000) £69.60 and earnings deduction £647.35

UC payable = £407.30/month.

However you should use a benefits calculator to check your exact circumstances. 

poppy123456 said:

If any part of her ESA is contributions based then this will continue (£117.60/week)

I inferred that because she is receiving CA the ESA is entirely Income based ESA because contribution based ESA would mean that CA would not be paid (although DWP sometimes get it wrong).

Thank you. That's a shame she won't be entitled to her ESA. Do you know what the earnings limit is that stops her getting it?

I think based on the calculators she is entitled to UC (it doesn't say it's not). I think she will be around £400 a month worse off.

Net salary is 2128 a month for me. She gets the enhanced work capability and also our daughter gets the higher rate of DLA.

So when she tells them she's moved they will tell her she has to apply for UC now because the ESA is stopping? 

Is it true she will have to apply again to get the LCWRA even though she's in the support group and therefore might not get it? I heard its better to try and get on UC first before the change of address then she will automatically get it because she's in the support group.

Just want to do it the best way forward. 

Thank you. 

calcotti

Corbula said:

Thank you. That's a shame she won't be entitled to her ESA. Do you know what the earnings limit is that stops her getting it?

As advised, all of your earnings are deducted from her entitlement except for a disregard of £20/week.

Corbula said: I think based on the calculators she is entitled to UC (it doesn't say it's not). 
..

Net salary is 2128 a month for me. ...and our daughter gets the higher rate of DLA

Assuming this means higher rate Care component of DLA updated indicative UC calculation would be as follows.
  
Net salary is £2,128.00/month, earnings taken into account = £1,555.00. Therefore earnings deduction is £855.25

Standard allowance £525.72, LCWRA element £354.28 (for your wife), carer element £168.81 (for you), child element £244.58, disabled child element £414.88 (higher level). Maximum UC amount = £1,708.27/month.

minus CA £302.03, minus savings (£10,000) £69.60 and earnings deduction £855.25

UC payable = £481.39/month (equivalent to £111/week).
Is this roughly what the calculators are telling you?

Corbula said: I think she will be around £400 a month worse off.

I can't see how this is possible. I would expect her existing ESA to be £104.50/week unless both her parents are getting disability benefits in which case her ESA could be £173.90. Based on the above rough UC calculation, if the ESA is the latter the loss is about £290/month, if the former she is no worse off. How much ESA is she getting?

Corbula said: So when she tells them she's moved they will tell her she has to apply for UC now because the ESA is stopping? 

They will not tell her that. Although her ESA will end due to your income she doesn't have to claim UC, it's her choice. 

Corbula said: Is it true she will have to apply again to get the LCWRA even though she's in the support group and therefore might not get it? I heard its better to try and get on UC first before the change of address then she will automatically get it because she's in the support group.

That is correct. In the circumstances she would be better claiming UC while still at her existing address. That means she will get the LCWRA element from the start of the UC claim. The ESA will stop two weeks after she claims UC and the first UC payment will be one month and one week after she claims. 

In any case, in her existing situation UC will pay her more money than ESA and she has been missing out on additional support. This is because UC includes money for your daughter whereas at the moment she is not getting any money for your daughter because ESA doesn't include anything for children (that support was provided by Child Tax Credits which she isn't getting and which she can no longer apply for).

Existing UC would be standard allowance £334.91 z(assuming she is at least 25 years old), LCWRA element £354.28, child element £244.58, disabled child element £414.88 (higher level). Maximum UC amount = £1,348.65/month. Minus CA £302.03. UC payable = £1,046.62/month (equivalent to £241.52/week). Use a calculator to check this.

After the UC is in place she can then report a change when she moves. She will be given a linking code and you will then have to claim UC yourself using the linking code. Your claim will then be linked to hers so that the UC entitlement can be calculated based on your joint circumstances. When you claim you should report that you care for your wife so that you can get the carer element in the UC calculation.

Corbula

calcotti said:

Corbula said:

Thank you. That's a shame she won't be entitled to her ESA. Do you know what the earnings limit is that stops her getting it?

As advised, all of your earnings are deducted from her entitlement except for a disregard of £20/week.

Corbula said: I think based on the calculators she is entitled to UC (it doesn't say it's not). 
..

Net salary is 2128 a month for me. ...and our daughter gets the higher rate of DLA

Assuming this means higher rate Care component of DLA updated indicative UC calculation would be as follows.
  
Net salary is £2,128.00/month, earnings taken into account = £1,555.00. Therefore earnings deduction is £855.25

Standard allowance £525.72, LCWRA element £354.28 (for your wife), carer element £168.81 (for you), child element £244.58, disabled child element £414.88 (higher level). Maximum UC amount = £1,708.27/month.

minus CA £302.03, minus savings (£10,000) £69.60 and earnings deduction £855.25

UC payable = £481.39/month (equivalent to £111/week).
Is this roughly what the calculators are telling you?

Corbula said: I think she will be around £400 a month worse off.

I can't see how this is possible. I would expect her existing ESA to be £104.50/week unless both her parents are getting disability benefits in which case her ESA could be £173.90. Based on the above rough UC calculation, if the ESA is the latter the loss is about £290/month, if the former she is no worse off. How much ESA is she getting?

Corbula said: So when she tells them she's moved they will tell her she has to apply for UC now because the ESA is stopping? 

They will not tell her that. Although her ESA will end due to your income she doesn't have to claim UC, it's her choice. 

Corbula said: Is it true she will have to apply again to get the LCWRA even though she's in the support group and therefore might not get it? I heard its better to try and get on UC first before the change of address then she will automatically get it because she's in the support group.

That is correct. In the circumstances she would be better claiming UC while still at her existing address. That means she will get the LCWRA element from the start of the UC claim. The ESA will stop two weeks after she claims UC and the first UC payment will be one month and one week after she claims. 

In any case, in her existing situation UC will pay her more money than ESA and she has been missing out on additional support. This is because UC includes money for your daughter whereas at the moment she is not getting any money for your daughter because ESA doesn't include anything for children (that support was provided by Child Tax Credits which she isn't getting and which she can no longer apply for).

Existing UC would be standard allowance £334.91 z(assuming she is at least 25 years old), LCWRA element £354.28, child element £244.58, disabled child element £414.88 (higher level). Maximum UC amount = £1,348.65/month. Minus CA £302.03. UC payable = £1,046.62/month (equivalent to £241.52/week). Use a calculator to check this.

After the UC is in place she can then report a change when she moves. She will be given a linking code and you will then have to claim UC yourself using the linking code. Your claim will then be linked to hers so that the UC entitlement can be calculated based on your joint circumstances. When you claim you should report that you care for your wife so that you can get the carer element in the UC calculation.

She gets around £697 a month or £348 ever 2 week just from the ESA. 

The disabled part of her ESA she gets for herself.
This is what the better off calculator says

Standard allowance

525.72

Child element

244.58

Child disability

414.88

Limited capability for work-related activity

354.28

Carer element

0.00

Maximum Universal Credit

1539.46

Reduction due to income & savings

1227.03

AWARD

312.43

As far as I was aware I can't get anything for care as I earn over the £100+ limit a week. 

calcotti

Corbula said:As far as I was aware I can't get anything for care as I earn over the £100+ limit a week. 

There are no earnings rules for the carer element of UC (unlike Carers Allowance which has a £132/week earnings limit). Therefore you will be entitled to claim the carer element of UC for looking after her.

That would increase the UC amount by £168.81/month which means the calculation would show the UC amount payable as £481.24/month.

From the ESA amount I can see that she does get SDP in her ESA (so presumably her parents are on disability benefits).

The existing ESA is equivalent to £753.57/month. If she was on UC now she would be getting significantly more than this. The calculation in my previous reply would need to also include SDP element which means that her existing UC entitlement would be £1,166.62. She should have switched to UC when your daughter was born in order to get money for her.

The drop in benefit entitlement when she moves to live with is entirely down to the fact that your income is taken into account because couples are always assessed on their joint finances. 

poppy123456

Corbula said:

calcotti said:

Corbula said:

Thank you. That's a shame she won't be entitled to her ESA. Do you know what the earnings limit is that stops her getting it?

As advised, all of your earnings are deducted from her entitlement except for a disregard of £20/week.

Corbula said: I think based on the calculators she is entitled to UC (it doesn't say it's not). 
..

Net salary is 2128 a month for me. ...and our daughter gets the higher rate of DLA

Assuming this means higher rate Care component of DLA updated indicative UC calculation would be as follows.
  
Net salary is £2,128.00/month, earnings taken into account = £1,555.00. Therefore earnings deduction is £855.25

Standard allowance £525.72, LCWRA element £354.28 (for your wife), carer element £168.81 (for you), child element £244.58, disabled child element £414.88 (higher level). Maximum UC amount = £1,708.27/month.

minus CA £302.03, minus savings (£10,000) £69.60 and earnings deduction £855.25

UC payable = £481.39/month (equivalent to £111/week).
Is this roughly what the calculators are telling you?

Corbula said: I think she will be around £400 a month worse off.

I can't see how this is possible. I would expect her existing ESA to be £104.50/week unless both her parents are getting disability benefits in which case her ESA could be £173.90. Based on the above rough UC calculation, if the ESA is the latter the loss is about £290/month, if the former she is no worse off. How much ESA is she getting?

Corbula said: So when she tells them she's moved they will tell her she has to apply for UC now because the ESA is stopping? 

They will not tell her that. Although her ESA will end due to your income she doesn't have to claim UC, it's her choice. 

Corbula said: Is it true she will have to apply again to get the LCWRA even though she's in the support group and therefore might not get it? I heard its better to try and get on UC first before the change of address then she will automatically get it because she's in the support group.

That is correct. In the circumstances she would be better claiming UC while still at her existing address. That means she will get the LCWRA element from the start of the UC claim. The ESA will stop two weeks after she claims UC and the first UC payment will be one month and one week after she claims. 

In any case, in her existing situation UC will pay her more money than ESA and she has been missing out on additional support. This is because UC includes money for your daughter whereas at the moment she is not getting any money for your daughter because ESA doesn't include anything for children (that support was provided by Child Tax Credits which she isn't getting and which she can no longer apply for).

Existing UC would be standard allowance £334.91 z(assuming she is at least 25 years old), LCWRA element £354.28, child element £244.58, disabled child element £414.88 (higher level). Maximum UC amount = £1,348.65/month. Minus CA £302.03. UC payable = £1,046.62/month (equivalent to £241.52/week). Use a calculator to check this.

After the UC is in place she can then report a change when she moves. She will be given a linking code and you will then have to claim UC yourself using the linking code. Your claim will then be linked to hers so that the UC entitlement can be calculated based on your joint circumstances. When you claim you should report that you care for your wife so that you can get the carer element in the UC calculation.

She gets around £697 a month or £348 ever 2 week just from the ESA. 

If that's her ESA amount then her parents must both be claiming a qualifying disability benefit of either PIP daily living, DLA mid/high rate care or Attendance Allowance or be registered blind. Is that correct?

Corbula

poppy123456 said:

Corbula said:

calcotti said:

Corbula said:

Thank you. That's a shame she won't be entitled to her ESA. Do you know what the earnings limit is that stops her getting it?

As advised, all of your earnings are deducted from her entitlement except for a disregard of £20/week.

Corbula said: I think based on the calculators she is entitled to UC (it doesn't say it's not). 
..

Net salary is 2128 a month for me. ...and our daughter gets the higher rate of DLA

Assuming this means higher rate Care component of DLA updated indicative UC calculation would be as follows.
  
Net salary is £2,128.00/month, earnings taken into account = £1,555.00. Therefore earnings deduction is £855.25

Standard allowance £525.72, LCWRA element £354.28 (for your wife), carer element £168.81 (for you), child element £244.58, disabled child element £414.88 (higher level). Maximum UC amount = £1,708.27/month.

minus CA £302.03, minus savings (£10,000) £69.60 and earnings deduction £855.25

UC payable = £481.39/month (equivalent to £111/week).
Is this roughly what the calculators are telling you?

Corbula said: I think she will be around £400 a month worse off.

I can't see how this is possible. I would expect her existing ESA to be £104.50/week unless both her parents are getting disability benefits in which case her ESA could be £173.90. Based on the above rough UC calculation, if the ESA is the latter the loss is about £290/month, if the former she is no worse off. How much ESA is she getting?

Corbula said: So when she tells them she's moved they will tell her she has to apply for UC now because the ESA is stopping? 

They will not tell her that. Although her ESA will end due to your income she doesn't have to claim UC, it's her choice. 

Corbula said: Is it true she will have to apply again to get the LCWRA even though she's in the support group and therefore might not get it? I heard its better to try and get on UC first before the change of address then she will automatically get it because she's in the support group.

That is correct. In the circumstances she would be better claiming UC while still at her existing address. That means she will get the LCWRA element from the start of the UC claim. The ESA will stop two weeks after she claims UC and the first UC payment will be one month and one week after she claims. 

In any case, in her existing situation UC will pay her more money than ESA and she has been missing out on additional support. This is because UC includes money for your daughter whereas at the moment she is not getting any money for your daughter because ESA doesn't include anything for children (that support was provided by Child Tax Credits which she isn't getting and which she can no longer apply for).

Existing UC would be standard allowance £334.91 z(assuming she is at least 25 years old), LCWRA element £354.28, child element £244.58, disabled child element £414.88 (higher level). Maximum UC amount = £1,348.65/month. Minus CA £302.03. UC payable = £1,046.62/month (equivalent to £241.52/week). Use a calculator to check this.

After the UC is in place she can then report a change when she moves. She will be given a linking code and you will then have to claim UC yourself using the linking code. Your claim will then be linked to hers so that the UC entitlement can be calculated based on your joint circumstances. When you claim you should report that you care for your wife so that you can get the carer element in the UC calculation.

She gets around £697 a month or £348 ever 2 week just from the ESA. 

If that's her ESA amount then her parents must both be claiming a qualifying disability benefit of either PIP daily living, DLA mid/high rate care or Attendance Allowance or be registered blind. Is that correct?

Sorry for the delay, they do both get a disability benefit but she's unsure if it's included with her ESA.