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Marriage: Change of circumstances advice

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5 years 7 months ago #218244 by belarion
Dear Gordon,

I hope you can advise on the following. I've searched previous posts on here,
but wish to relate my specific case.

I am on ESA IR (Support Group) for Mental health and got married a couple of weeks ago. My wife is an EU national and isn't in paid work currently and is dependent on me. She also has no capital or even a bank account, although did recently successfully apply for her UK NINO for such. The marriage was partly prompted by the brexit situation and concerns around us staying together. This has caused a good deal of concern obviously, as for many in the same situation. We are and will be living together.

I have not as yet given notice of this 'change of circumstances,' as I was unsure of how to go about this the right way. Could you advise please?

I assume one would send a registered letter to the DWP dept that deals with your claim ?
Would copies of documentation, such marriage certificate or my wife's NINO letter need to
be sent also?

Obviously I'm hoping this will not affect my claim, or lead to reassessment, or some manner
of 'compliance meeting' etc. Do you think this is likely given the info I give above?

How best to deal with all this?

Thanks greatly for your time in this.

Kind regards, Verlaine

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5 years 7 months ago #218269 by Gordon
Replied by Gordon on topic Marriage: Change of circumstances advice
Verlaine

The primary issue is when you started living together as a couple, not when you married. As a couple, your now wife will be included in your ESA claim entitling you to the couples rate but be aware any work that she does will also reduce your payments and if she works 24 or more hours a week then your ESA(IR) payments will stop.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: belarion

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5 years 7 months ago #218287 by belarion
Replied by belarion on topic Marriage: Change of circumstances advice
Thanks Gordon. I find myself further confused by that info though. Hope you can explain more.

"The primary issue is when you started living together as a couple, not when you married."

= So I would inform the DWP office of the marriage and the date from which we started living together, yes?

"As a couple, your now wife will be included in your ESA claim entitling you to the couples rate..."

= This confuses me, as my now wife is not claiming any benefits, nor does she have any intention of doing so. Is it necessary to add her to my claim or can I just continue claiming as myself solely?

I was under the impression it was just a case of informing them of the change of circumstances
in terms of having gotten married.

Sorry, completely confused now.

Thanks for any help with this.

Kind regards, V.

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5 years 7 months ago #218297 by Gordon
Replied by Gordon on topic Marriage: Change of circumstances advice
Verlaine

If you have a partner, you do not need to be married to be considered as a couple, then it is a legal requirement that you claim as a couple, you have no choice in this. You remain the primary claimant, at worst your wife will need to attend a Work Focused Interview but they cannot require her to work or to undertake to perform Work Related Activity.

The change of circumstances applies from when you started living together not when you got married, so bear this in mind when you contact the DWP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: belarion

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5 years 6 months ago #219207 by belarion
Replied by belarion on topic Marriage: Change of circumstances advice
Dear Gordon,

Update on this.

Since I wrote the last post on this I searched for further information and sent
letter to the DWP based on a template I found for 'change of circumstances' in this case.
I gave full details for the date of marriage, living together date and my partner's details (NINO/ passport no. etc) and her financial situation (no accounts/ capital/ income).

Yesterday I received a form: ESA3 05/18 (for change of circumstances/ partner now living in household).

It's pretty daunting looking and I wonder whether you have/ or know of online any resources
regarding completing this ?

How long do we have to complete and return this form ? (1 month ? / 30 days?)

It asks for various documents including proof of finances - if bank statements are needed
what kind are acceptable? I do not receive these via postal mail any longer, just instead use
internet banking as do many.

Any advice regarding completing this form would be greatly appreciated.

Thanks greatly

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5 years 6 months ago #219208 by belarion
Replied by belarion on topic Marriage: Change of circumstances advice
BTW. An unrelated issue: I don't seem to be receiving notification emails as previously
when you reply to these forum posts. Have check all spam folders my end etc.
Why might this be? Do a setting here need to be changed? I can't find this.

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