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complicated situation
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8 years 2 weeks ago #157224 by astraboots
complicated situation was created by astraboots
I have just found out that my partners pension credit would affect my ESA if he moved in i would lose it and he cant claim for me as a dependent adult.The DWP accept i can not work dur to illness ,I can not claim my pension for another 14 years.We can not manage on his pension.Can i claim for him on my ESA ? Can he drop the credit part of his pension so i can claim for him as a dependent adult? I can not find out if i was to lose my ESA what it woulld be replaced with.As i am younger then him would they still pay us as a couple?Would it be paid till i was on a pension myself. My partner is so worried if anything should happen to him it would leave me in such a bad situation and have to back on ESA as a new claim.Things would be bad enough without this.As ESA and pension credit are both means tested one affects the other.What a minefield any advice pls
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8 years 2 weeks ago #157281 by Gordon
You need to get face to face advice to see what option is better for you and your partner, I'm afraid we cannot provide the detailed financial advice that you need on the forum.
If you are receiving Income Related ESA then only one of you can continue with their claim if you start living together, either your partner can be added to your claim or you can be added to theirs.
If you are receiving Contribution Based ESA with an ESA(IR) top up- then the above still applies, but you can continue with your ESA(CB) even if you decide to go forward with the Pension Credit.
If you are only receiving ESA(CB) then you can make a claim for an ESA(IR) top up and add your partner to your claim, or you can be added to their claim and continue to receive your ESA(CB).
Gordon
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Replied by Gordon on topic complicated situation
eve wrote: I have just found out that my partners pension credit would affect my ESA if he moved in i would lose it and he cant claim for me as a dependent adult.The DWP accept i can not work dur to illness ,I can not claim my pension for another 14 years.We can not manage on his pension.Can i claim for him on my ESA ? Can he drop the credit part of his pension so i can claim for him as a dependent adult? I can not find out if i was to lose my ESA what it woulld be replaced with.As i am younger then him would they still pay us as a couple?Would it be paid till i was on a pension myself. My partner is so worried if anything should happen to him it would leave me in such a bad situation and have to back on ESA as a new claim.Things would be bad enough without this.As ESA and pension credit are both means tested one affects the other.What a minefield any advice pls
You need to get face to face advice to see what option is better for you and your partner, I'm afraid we cannot provide the detailed financial advice that you need on the forum.
If you are receiving Income Related ESA then only one of you can continue with their claim if you start living together, either your partner can be added to your claim or you can be added to theirs.
If you are receiving Contribution Based ESA with an ESA(IR) top up- then the above still applies, but you can continue with your ESA(CB) even if you decide to go forward with the Pension Credit.
If you are only receiving ESA(CB) then you can make a claim for an ESA(IR) top up and add your partner to your claim, or you can be added to their claim and continue to receive your ESA(CB).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 1 week ago #157658 by astraboots
Replied by astraboots on topic complicated situation
thanks i am on ((IR) esa so just so i am clear i can claim for my partner.
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8 years 1 week ago #157679 by Gordon
Yes, this is correct, but only if they close their Pension Credit claim!
Please try and get advice or at least run your circumstances through one of the online benefit calculators, to make sure what ever decision you make that it is best for both of you.
www.gov.uk/benefits-calculators
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic complicated situation
eve wrote: thanks i am on ((IR) esa so just so i am clear i can claim for my partner.
Yes, this is correct, but only if they close their Pension Credit claim!
Please try and get advice or at least run your circumstances through one of the online benefit calculators, to make sure what ever decision you make that it is best for both of you.
www.gov.uk/benefits-calculators
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 11 months ago #160198 by astraboots
Replied by astraboots on topic complicated situation
I am on ESA (IR) and my X partner is on pension credit.We are very close .He has been awarded high rate attendance allowance because he has been diagnosed with vascular dementia.The lady who intervewed him told him he will get £81.00 pounds high rate plus a extra £50 pounds a week.He would like to move in with me.I asked her would his AA be affected if he does come to live with me.She said he would lose £50.00 off his pension credit,if he does move in with me, and there would be an investigation to if we are a couple or not.Even though we have not been a couple for many years we have never had relationships with anyone else since we met.what is the diffrence why would they need to do an investigation into if we are a couple or not ??? we are devastated over his diagnoses and need advice on our complicated situation.
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7 years 11 months ago - 7 years 11 months ago #160209 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic complicated situation
Hi Eve,
I have merged your query with the previous topic dealing with the same situation. Please try and keep everything relating to the same issue in one place - it makes it easier for us and I hope you will find it useful too. You will find it easily in future if you bookmark/favourite it on your web browser now.
The important thing is whether you and your x partner are considered to be 'living together as husband and wife'. If DWP deem that you are, your joint savings and assets will be counted when assessing you for income-related benefits.
I'm afraid I can't give any better advice than to echo that given by Gordon previously - this complicated issue can only really be dealt with face to face by a trained benefits adviser.
I have merged your query with the previous topic dealing with the same situation. Please try and keep everything relating to the same issue in one place - it makes it easier for us and I hope you will find it useful too. You will find it easily in future if you bookmark/favourite it on your web browser now.
The important thing is whether you and your x partner are considered to be 'living together as husband and wife'. If DWP deem that you are, your joint savings and assets will be counted when assessing you for income-related benefits.
I'm afraid I can't give any better advice than to echo that given by Gordon previously - this complicated issue can only really be dealt with face to face by a trained benefits adviser.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by slugsta.
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