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

Kups

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.

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Comments

poppy123456

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?

calcotti

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?

Kups

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

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.

poppy123456

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?

teful

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

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.

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