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ESA and Marriage
- PCHilver
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9 years 2 months ago - 9 years 2 months ago #129702 by PCHilver
ESA and Marriage was created by PCHilver
I recently got married and my husband is on ESA. They've said he has run out of contributions and has to claim ESA support. He is disabled and severely epileptic I have a private pension (he is a lot younger than me). I currently don't draw any of the private pension(the money is in fixed term accounts) and I am limited to £6,500 a year when I finally an draw a pension. Will he be able to claim ESA? He gets DLA but it seems unfair that he will lose all his ESA just because we are married.
Last edit: 9 years 2 months ago by .
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- Gordon
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9 years 2 months ago #129709 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and Marriage
MrsT
It's not entirely clear from your post what your husband is claiming at the moment for ESA, however I am going to make some assumptions and advise accordingly, but if these are not correct you you will have to post with more information.
I am assuming that your husband is currently in the WRAG and receiving Contribution Based ESA which is coming to an end or already finished due to the 365 day limitation on the payment of ESA(CB).
Your husband (and you) may be entitled to Income Related ESA if you can meet the associated means test. Eligibility for ESA(IR) ) is dependant on your household income, assets and savings and any hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
Your pension will be counted as part of your household income.
If you are eligible for ESA(IR then you will be passported to a number of other benefits which potentially include; Housing Benefit, Council Tax assistance (you asked about this previously), mortgage assistance and free prescriptions and dental care.
You can get a reasonably accurate idea of whether you qualify by using one of the online benefit calculators. See
www.gov.uk/benefits-calculators
If you do then your husband should request an ESA3 form from the DWP office that deals with his ESA, this is purely in connection with your eligibility for ESA(IR) and will not cause a re-assessment.
Gordon
It's not entirely clear from your post what your husband is claiming at the moment for ESA, however I am going to make some assumptions and advise accordingly, but if these are not correct you you will have to post with more information.
I am assuming that your husband is currently in the WRAG and receiving Contribution Based ESA which is coming to an end or already finished due to the 365 day limitation on the payment of ESA(CB).
Your husband (and you) may be entitled to Income Related ESA if you can meet the associated means test. Eligibility for ESA(IR) ) is dependant on your household income, assets and savings and any hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
Your pension will be counted as part of your household income.
If you are eligible for ESA(IR then you will be passported to a number of other benefits which potentially include; Housing Benefit, Council Tax assistance (you asked about this previously), mortgage assistance and free prescriptions and dental care.
You can get a reasonably accurate idea of whether you qualify by using one of the online benefit calculators. See
www.gov.uk/benefits-calculators
If you do then your husband should request an ESA3 form from the DWP office that deals with his ESA, this is purely in connection with your eligibility for ESA(IR) and will not cause a re-assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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