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Help! Disability benefits and wanting to move in with partner.

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annit96
annit96 Community member Posts: 6 Listener
Hello Everyone, I could really do with some help and advice on something I'm finding very distressing. 

I am 37 years old and unemployed and in receipt of disability benefits. 
I currently have income assessed ESA (support group)  Housing benefit, council Tax help and enhanced rate PIP mobility and care. 
I have met someone and we would really like to move in together. He works full time about 40 hours a week but it's minimum wage and he loves his job.  

From what I understand if he was to move in I would lose all my benefits apart from the PIP?  


I don't really understand how it all works and how he is expected to look after both of us on such a small wage?  
I did try use the benefits calculator but I found it really confusing because I struggled to understand the amounts and how to use them before the situation or if I was supposed to do the scenario how I am now or how it would be at the time. I have dyslexia so I struggle with things like that.   

If someone can offer some advice I would be very grateful. Thankyou 😊







Comments

  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited November 2022
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    Him moving in doesn’t automatically mean that you lose all your benefits. The result needs to be calculated.

    Is any of your ESA contribution based? If you are not sure you need to check. Any contribution based entitlement would not be affected.

    If you remain on ESA your maximum entitlement included increased amounts for the personal allowance and the EDP but would lose the SDP. However his earnings will then be deducted from any income based ESA (less a £20/week disregard). This will likely result in nil entitlement if all your ESA is income based. 

    You might be better if you switch to UC. He could claim the carer element for looking after you and the earnings deduction would be lower. Because you would be treated as having LCWRA there would be a Work Allowance which means that the first £335/month of earnings would be ignored with a deduction of 55% of anything over this.

    As you are struggling with the online calculators you could see if a local agency could do a benefits calculation for you.
    https://advicelocal.uk/
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • annit96
    annit96 Community member Posts: 6 Listener
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    calcotti said:
    Him moving in doesn’t automatically mean that you lose all your benefits. The result needs to be calculated.

    Is any of your ESA contribution based? If you are not sure you need to check. Any contribution based entitlement would not be affected.

    If you remain on ESA your maximum entitlement included increased amounts for the personal allowance and the EDP but would lose the SDP. However his earnings will then be deducted from any income based ESA (less a £20/week disregard). This will likely result in nil entitlement if all your ESA is income based. 

    You might be better if you switch to UC. He could claim the carer element for looking after you and the earnings deduction would be lower. Because you would be treated as having LCWRA there would be a Work Allowance which means that the first £335/month of earnings would be ignored with a deduction of 55% of anything over this.

    As you are struggling with the online calculators you could see if a local agency could do a benefits calculation for you.
    https://advicelocal.uk/
    Hi thankyou for your reply, it's all income assessed I'm afraid.  I started full-time work straight from uni and got sick just after. What do some of the acronyms mean, I'm sorry I'm struggling to understand. Surely if he goes to the care element he would have to give up his job? What's the 20.a week disregard? Would you mind explaining it a bit more simple just don't understand..thankyou. 😊
  • poppy123456
    poppy123456 Community member Posts: 55,530 Disability Gamechanger
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    The £20 per week disregard for ESA means that up to £20 of a partners earnings are ignored, if they work up to 24 hours per week. As your partner works full time there will be no entitlement to ESA.
    UC is Universal Credit, LCWRA is part of UC but the same as ESA Support Group.
    If you are unable to use the benefits calculator then i'd advise you to get a full benefits check by using the link calcotti posted above.
    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 November 2022
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    The £20 per week disregard for ESA means that up to £20 of a partners earnings are ignored, if they work up to 24 hours per week. As your partner works full time there will be no entitlement to ESA.
    I’d completely forgotten the 24 hour rule - thanks, poppy. Apologies to OP.

    Getting a full benefits check to see if there will be UC entitlement is clearly the way to go.

    OP, if the benefits check shows that you would have UC entitlement as a couple it would be best to claim UC as a single person while still getting ESA shortly before you want to start living together. This means that your ESA Support Group status will get transferred across to UC as Limited Capability for Work and Work Related Activity (LCWRA). This means you get extra money in the UC from the start of the claim. You will get slightly less than under your existing ESA award.

    Once the UC is in place you then report that you have become part of a couple. Your partner then has to claim UC and should declare that they care for you (if they will be). His claim is linked to yours and your UC payments are then calculated as a couple.

    His work is not affected by him declaring that he cares for you but the UC entitlement (if any) is increased if he is a carer.

    Your joint maximum UC (monthly) will include couple allowance £525.72, LCWRA element £354.28 (instead of ESA), housing element (instead of housing benefit) and the carer element £168.81 (if he looks after you). That will give a maximum amount. There will then be a deduction of his wages minus £335 multiplied by 55%. Anything left will be payable.

    As you said in your opening post, your PIP is not affected.


    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • annit96
    annit96 Community member Posts: 6 Listener
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    calcotti said:
    The £20 per week disregard for ESA means that up to £20 of a partners earnings are ignored, if they work up to 24 hours per week. As your partner works full time there will be no entitlement to ESA.
    I’d completely forgotten the 24 hour rule - thanks, poppy. Apologies to OP.

    Getting a full benefits check to see if there will be UC entitlement is clearly the way to go.

    OP, if the benefits check shows that you would have UC entitlement as a couple it would be best to claim UC as a single person while still getting ESA shortly before you want to start living together. This means that your ESA Support Group status will get transferred across to UC as Limited Capability for Work and Work Related Activity (LCWRA). This means you get extra money in the UC from the start of the claim. You will get slightly less than under your existing ESA award.

    Once the UC is in place you then report that you have become part of a couple. Your partner then has to claim UC and should declare that they care for you (if they will be). His claim is linked to yours and your UC payments are then calculated as a couple.

    His work is not affected by him declaring that he cares for you but the UC entitlement (if any) is increased if he is a carer.

    Your joint maximum UC (monthly) will include couple allowance £525.72, LCWRA element £354.28 (instead of ESA), housing element (instead of housing benefit) and the carer element £168.81 (if he looks after you). That will give a maximum amount. There will then be a deduction of his wages minus £335 multiplied by 55%. Anything left will be payable.

    As you said in your opening post, your PIP is not affected.


    Thanks for the response, I must apologize I find it so hard to understand all of this. I have read the above several times and it's like another language.  Is there anyone I can speak to on the phone about it to explain tomorrow? I did look at the link provided but I could see nothing about calculations done for me.  And it still sounds like my boyfriend would have to give up his job? Or reduce hours which would probably mean he loses his job? 
    Sorry I don't understand, it's just feels like if you are disabled you are not allowed a partner or a life. You are being punished for being disabled. 

  • poppy123456
    poppy123456 Community member Posts: 55,530 Disability Gamechanger
    edited November 2022
    Options
    The link that calcotti posted will not have any benefits calculations. As we advised, you will need to speak to an advice agency near you for a full benefits check. You can see what's local to you by clicking on this link and putting in your post code. https://advicelocal.uk/welfare-benefits it will then bring up a list of advice agencies local to you.
    annit96 said:
      And it still sounds like my boyfriend would have to give up his job? Or reduce hours which would probably mean he loses his job? 


    It doesn't mean he will need to give up his job, there maybe some entitlement to Universal Credit but it will depend on his net earnings (before tax) each month.
    Even with reduced hours of less than 24 hours per week, there would still only be a £20 per week disregard for his earnings. This means that any earnings of more than £20 per week will reduce your ESA £1 for £1. Which will still likely mean no entitlement to ESA.
    You're not being punished for being disabled but when you live with a partner then your joint circumstances are taken into consideration for all means tested benefits. Your PIP will not be affected.

    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
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    annit96 said: I did look at the link provided but I could see nothing about calculations done for me. 
    You need to use the website to look for a local advice agency such as Citizens Advice that you can then contact to ask for advice. They should then be able to do calculations for you.
    annit96 said: And it still sounds like my boyfriend would have to give up his job? Or reduce hours which would probably mean he loses his job? 
    Your boyfriend doesn’t have to reduce his work. What you need to determine is how much your joint income will be with his earnings and any benefits you are jointly entitled to and then consider how you would manage your joint finances. 
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • annit96
    annit96 Community member Posts: 6 Listener
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    Thankyou for both of your help. I still do not understand too well. It seems the situation is hopeless. I need someone I can talk to me and help explain in a way I can understand and help calculate it with me. It's like another language to me.. 😢 I can't get through to the citizens advice I have tried endlessly after being on hold then getting cut off.  It seems that for now it's best we stay apart.  With the financial situation the way it is it's simply not possible for two people to live off one persons minimum wage.   It would be putting ourselves in a situation of severe poverty. Thankyou anyway.   

  • poppy123456
    poppy123456 Community member Posts: 55,530 Disability Gamechanger
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    it's not a hopeless situation at all. There maybe some entitlement to UC but without knowing both of your details and circumstances it's impossible to give any further advice.
    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.
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