Forum > Welfare Rights

Can I move from IR ESA to CB & thus retain some income if partner moves in?

<< < (2/6) > >>

Sunshine Meadows:
I am still having trouble reading a bunch of text at once but I want to let you know when I added my husband to my ESA claim I  was moved over to Income related Old Style ESA with my husband as a dependent. I asked several times will I be able to claim Contributions based ESA if my husband starts working again and was told yes. I don't know if that is a future proof answer but my understanding is if a person paid enough National Insurance Contributions before they became too sick to work that is carried forward as long as you remain sick. In the same way people moved from Invalidity Benefit to Contribution based ESA or combination of Contributions based and Income related. Check you paperwork for the description of what you benefit is comprised of. Mine does say Contributions based and income related.

When it comes down to it I am sorry but there is no way of knowing for sure until you change your claim .

Dont worry about not being here, it is just the way it goes sometimes.

One Girl and her Big Dog:
Thank you Sunshine.  That's reassuring.

My paperwork just says 'Income Related', but as I say i've been on IB/ESA for years and i'm sure it used to be Contribution based.

I've also checked my NI record and i've been receiving credits continually.

As you say no way to know for sure without applying, but I wanted an idea to see whether my bf moving in at some point is possible, or entirely out of the question (coz due to previous experiences there is no way i'd make myself entirely financially dependant on someone else).

Thanks again everyone.

Sunny Clouds:
Forgive me going into general financial issues, but I know a couple where they're not married and live together and where, over the decades, there have been some issues over who's got what rights and who's responsible for what.  Mostly, it's just been dealt with by haggling, but more recently it has become more of a problem.  For instance, there's the issue in relation to their home of one of them being the tenant, not both being joint tenants.  There's the issue of one having savings that the other is deemed for benefits purposes to have access to, but which the one with the savings appears reluctant to share.

Issues over who's responsible for what, who's entitled to what etc. happens anyway with couples, married or not, so I'm not saying it's a specific unmarried couple thing.  What is specific to unmarried couples, though, is that the law treats them as a couple for some purposes and not for others, which is particularly an issue financially.

So I'll say to you what I've said to others, which is that I think it's well worth making sure you've thought ahead of implications over what is in joint names and what isn't, maybe with a bit of swotting up and taking into account things like age difference if one of you might approach retirement age before the other.

(Sunny avoids mentioning getting wills sorted lest anyone notice that hypocritically she hasn't got round to updating her own will when she meant to recently.)

This is really interesting to me because until I became unwell and claimed benefits I had worked and paid NI. Then maybe despite many years passing because I can paid NI contributions that means I can claim CB benefits and yet I have always been assessed as IR. I guess previously I had a 12 year period dependent on an abusive man so was not contributing then and that's been the barrier. The gap in contributing.

I'm thankful for this thread as I am learning.

Hi One Girl

If your partner moves in you’ll lose your SDP 1st as you no longer live alone, that would mean your income related amount would drop by £64/week. As you’re in the LCWRA group you need to check if you get paid this as it was abolished for new claims by David Cameron I think, but it meant income related claims don’t always get the extra £29.70, ESA is £74.70 at basic rate.

A partner joining your household would mean a change of circumstances triggering a UC claim, you wouldn’t get back onto income related ESA ever.  Housing benefit and council tax reduction stop, you’d need to include housing costs in the UC claim.

UC says that 2 adults over 25 need £509.91 plus £128.89 lower rate of the work capability element.  To work out housing costs check the local housing allowance for your area, if you’re over 35 you’ll qualify for the 1 bedroom rate. Remember these are monthly amounts

You are right PIP isn’t affected.

As for National insurance contributions, only class 1 contributions count toward contributions based ESA, class 1 contributions are paid by employees and employers.

Sorry it’s not good news


[0] Message Index

[#] Next page

[*] Previous page

Go to full version