If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.

If my partner works for over 25 hours a week then gets fired will my ESA return

Options
Kups
Kups Community member Posts: 4 Listener
So I heard if my partner works for over 25 hours a week then my ESA will be stopped, but If my partner then gets fired will my ESA return without a reassessment?

And what kind of reassessment will it be?
Will they treat me like a brand new claimant? 
Or would they recognise my previous claim? I'm a bit worried because I had to go to a tribunal for my claim and I can't handle that anxiety again.

Comments

  • poppy123456
    poppy123456 Community member Posts: 57,250 Disability Gamechanger
    edited December 2022
    Options
    If it is Income Related ESA then your partner working 25 hours a week will mean your ESA will end and you won't be able to reclaim it because it's no longer possible to claim the old Income Related ESA.
    Have you used a benefits calculator to check entitlement to Universal Credit?
    Has your ESA ended? is your partner working?
    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
    Options
    If your ESA is entirely income based then yes it would end - note that the limit is 24 hours, not 25. You would continue to have Limited Capability for Work and Work Related Activity and receive NI credits for this. You would not be able to claim ESA again.

    If you ESA is contribution based or a 'mixed award' then the contributions part is not affected by your partner earning and that part would be continue. If you partner then ceased working you could get income based ESA reinstated.

    You need to check what sort of ESA you are receiving.

    If your partner s going to work and your ESA is ending you should check whether yo would, as a couple, have entitlement to some UC.

    Do you claim other benefits?


    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Kups
    Kups Community member Posts: 4 Listener
    Options
    I'm on Income based ESA and I'm in the support group.

    So I would have to apply for UC. But If she was fired and I apply, would they put me straight onto the UC support group or would they treat me as a fresh claimant? 
    Because I heard when they migrate everyone onto UC that they will keep you in the support group if you were already on that.
    Would the fact that I've previously been in the support group make it easier to get back onto it?
  • poppy123456
    poppy123456 Community member Posts: 57,250 Disability Gamechanger
    Options
    tomm said:
    There before UC used to be LINKING  RULES  were if  someone ceased to be entitled to ESA  for a  certain period of time  and then became  entitled  to it again  both claims would be linked  as 1  ie, If you had been  awarded ESA WRAG or SG  and  the reason for your claim  ceased stopping you  from working  and you started work, stopping the ESA claim,  if you after say a month or 2 the condition returned  and you could no longer work  you could have claimed Esa Again and if awarded  again following assessment  the award would be paid from the date you made your new claim  no 12 week period at pre-assessment rate 

    That no longer applies to Income Related ESA because it no longer exists.
    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.
  • poppy123456
    poppy123456 Community member Posts: 57,250 Disability Gamechanger
    Options
    Kups said:
    I'm on Income based ESA and I'm in the support group.

    So I would have to apply for UC. But If she was fired and I apply, would they put me straight onto the UC support group or would they treat me as a fresh claimant? 
    Because I heard when they migrate everyone onto UC that they will keep you in the support group if you were already on that.
    Would the fact that I've previously been in the support group make it easier to get back onto it?

    You will both need to apply for UC because it's means tested. Has your ESA claimed ended or are you still claiming it?
    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.
  • teful
    teful Community member Posts: 3 Listener
    Options
    Look into how much they are going to give you for a joint uc claim and now we'll in Scotland you can get less money from uc than a single esa claim. 
  • poppy123456
    poppy123456 Community member Posts: 57,250 Disability Gamechanger
    Options
    teful said:
    in Scotland you can get less money from uc than a single esa claim. 
    That’s not quite correct. A single ESA Income Related claim without the SDP included pays less than UC with LCWRA. 
    If the ESA includes the SDP then UC with LCWRA will be less. 
    The rules apply nationally. 
    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.
Complete our feedback form and tell us how we can make the community better.

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.
If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.

Find out how to let us know if you're concerned about another member's safety.