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Single claims when married
- mo57
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10 years 1 month ago - 10 years 1 month ago #131702 by mo57
Single claims when married was created by mo57
I reconciled with my husband so notified ESA people, my husband has his own WRAG Cont based ESA which finishes end of March. I get cont based support group ESA, MRC and HRM DLA. I told them wasn't claiming for him as he has occupation pension of 129 per week but SURPRISE they added him anyway. I Thought would just leave it and when I spoke to them girl said I would be put on income related esa from April and his income comes off that. Have already lost SDP as I no longer live alone and will go from 108 per week to 21.80 per week this seems really unfair as I'm entitled to cont based in my own right. Can someone PLEASE let me know correct way to go about this as different esa staff say different things. Thanks in advance.
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- Gordon
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10 years 1 month ago #131708 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Single claims when married
MM
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If you were in receipt of the Severe Disability Premium then you would have already been receiving an Income Related ESA top up and as a result in would be automatic for your husband to be added to your claim once you notified the DWP of the Change of Circumstances.
The ESA advisor is however wrong that you will be transferred to ESA(IR), this will not happen, you will remain entitled to ESA(CB) but likely lose all of the ESA(IR) top up due to his pension. This will mean that you lose all of the follow on benefits that receiving ESA(IR) entitled you to, this includes; free prescriptions and dental care, any assistance with a mortgage or Housing Benefit if applicable.
I note from your post that you expect to only receive £21.80, this would imply that the DWP have indeed calculated the amount you need to live on as ESA(IR), you should contact them about this as this is an error. If you have no joy with the call centre staff then you should ask for an escalation to a manager, this will require a call back.
Gordon
Welcome to the forum
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
If you were in receipt of the Severe Disability Premium then you would have already been receiving an Income Related ESA top up and as a result in would be automatic for your husband to be added to your claim once you notified the DWP of the Change of Circumstances.
The ESA advisor is however wrong that you will be transferred to ESA(IR), this will not happen, you will remain entitled to ESA(CB) but likely lose all of the ESA(IR) top up due to his pension. This will mean that you lose all of the follow on benefits that receiving ESA(IR) entitled you to, this includes; free prescriptions and dental care, any assistance with a mortgage or Housing Benefit if applicable.
I note from your post that you expect to only receive £21.80, this would imply that the DWP have indeed calculated the amount you need to live on as ESA(IR), you should contact them about this as this is an error. If you have no joy with the call centre staff then you should ask for an escalation to a manager, this will require a call back.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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