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24 hour rule for working partner
- annieoh
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9 years 3 months ago #150326 by annieoh
24 hour rule for working partner was created by annieoh
My daughter receives ESA and her husband has just been released from prison. He may well go back there this summer. However, he has been offered a job. I understand that he may only work 24 hours a week. If he does so, my daughter will retain her ESA, with all its attendant benefits e.g. free prescriptions .
Is there an earnings limit? Is this based on the minimum wage?
Does the 24hours have to be weekly or can it be 20 hours one week and 30 hours the next?
Also, if he accepts the job, when do they have to tell DWP? Once he starts work or when the first pay packet is received?
Thank you for reading this.
Is there an earnings limit? Is this based on the minimum wage?
Does the 24hours have to be weekly or can it be 20 hours one week and 30 hours the next?
Also, if he accepts the job, when do they have to tell DWP? Once he starts work or when the first pay packet is received?
Thank you for reading this.
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- Gordon
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9 years 3 months ago #150346 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 24 hour rule for working partner
A
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The husband working will only impact on your daughter's ESA if she is receiving Income Related ESA in part or in whole. If she is receiving Contribution Based ESA only then there will be no issues.
If she is receiving ESA(IR) then if he works more than 24 hours a week then any ESA(IR) will cease although she will continue to receive NI Credits which count towards a full State Pension. It may be possible to get the DWP to average the hours if they are variable and occasionally exceed the limit, this is most likely to happen when the variance is regular. To be clear, he is allowed to work less than 24 hours, not 24 or more hours.
Any income that the husband brings into the household will be deducted from her ESA(IR) £ for £ until it is fully eroded.
If she is receiving the Severe Disability Premium then she will lose this if he moved in.
They must tell the DWP as soon as he moves in if she is receiving ESA(IR), this should actually increase her ESA(IR) payments to the couples rates and then as soon as he starts work.
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?
The husband working will only impact on your daughter's ESA if she is receiving Income Related ESA in part or in whole. If she is receiving Contribution Based ESA only then there will be no issues.
If she is receiving ESA(IR) then if he works more than 24 hours a week then any ESA(IR) will cease although she will continue to receive NI Credits which count towards a full State Pension. It may be possible to get the DWP to average the hours if they are variable and occasionally exceed the limit, this is most likely to happen when the variance is regular. To be clear, he is allowed to work less than 24 hours, not 24 or more hours.
Any income that the husband brings into the household will be deducted from her ESA(IR) £ for £ until it is fully eroded.
If she is receiving the Severe Disability Premium then she will lose this if he moved in.
They must tell the DWP as soon as he moves in if she is receiving ESA(IR), this should actually increase her ESA(IR) payments to the couples rates and then as soon as he starts work.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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