Benefits upon marriage separation, ESA query.

My husband and I are separating. I am remaining in our mortgaged house with two young children. He is leaving tomorrow.

Currently I get
ESA support group Contribution based £109 week
DLA for me Low Mobility Low Care
Disabled sons DLA Care High Mobility Low
Tax Credits as a couple (he works full time)

I would like to be able to continue to do permitted work and eventually become self employed.

I have someone from Welfare rights coming to do a carers allowance application.

I am confused about what is best for my ESA claim, whether I can remain on Conts based and get a carers top up or need to change to Income based claim or whether Income Support is a better option.

My ESA is being reviewed and I will probably have to attend a medical soon. My medical team will fully support my claim.

Any advice most welcome. Thanks.

You may also be entitled to some help with your Council Tax. There are two potential routes (both are possible).

1) If you are the only "visible" adult** living in the property after your husband's departure, you should be entitled to a "discount" as a single occupier - that would be 25% off the otherwise full bill.

2) In addition to the above, you may be entitled to help through the means-tested Council Tax Reduction Scheme (this is the replacement for "Council Tax Benefit").

** if there are other adults living in the house, there are exceptions that mean they don't count as adults for CTAX discount purposes. If you're the only adult, it doesn't matter. If there is another adult, ask the Council if they count or not for discount purposes.

For both of the above help options, you will need to contact your local CTAX billing authority - be prepared for the possibility that each aspect may be administered by different sections within the Council.


Just a quick note about "permitted work". From first hand experience, I'd strongly advise you to get to grips with the ins and outs to avoid doing something that could get your ESA ended (or worse, inadvertently cause an overpayment). This will be especially important when you have been doing PW for 52 weeks as, for example, the maximum amount that can be earned reduces dramatically until another year has passed (and the definition of a year, in this context, isn't straight forward).

One techie point: the legal term for permitted work is "exempt work" but don't be surprised if most officers in the DWP seem oblivious to this... :- )