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Spouse`s house (Overseas)
- Slartibartfast
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6 years 7 months ago #218442 by Slartibartfast
Spouse`s house (Overseas) was created by Slartibartfast
Hello,
I`m in receipt of Income Related ESA and I will be getting married next year. My American fiancée owns a house in the USA, and I`m wondering what effect this will have on my ESA. It`s in a very rural area, and will probably be quite difficult to sell or rent (My fiancée`s friend had a better property in the same area until recently, which took her four years to sell). When my fiancée moves in with me, just before the wedding, I assume they will move me to Universal Credit, so I supposed it`s UC rules that will apply.
Does anyone have any idea?
Thanks
I`m in receipt of Income Related ESA and I will be getting married next year. My American fiancée owns a house in the USA, and I`m wondering what effect this will have on my ESA. It`s in a very rural area, and will probably be quite difficult to sell or rent (My fiancée`s friend had a better property in the same area until recently, which took her four years to sell). When my fiancée moves in with me, just before the wedding, I assume they will move me to Universal Credit, so I supposed it`s UC rules that will apply.
Does anyone have any idea?
Thanks
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- Gordon
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6 years 7 months ago #218456 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Spouse`s house (Overseas)
Slartibartfast
I would expect the house to be treated as an asset and this may reduce or remove your entitlement to payment of your ESA(IR).
This will not result in your being transferred to UC, it is would be an amendment of your existing ESA award.
ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset and savings rule for ESA(IR)
24 hour work rule for ESA(IR)
Gordon
I would expect the house to be treated as an asset and this may reduce or remove your entitlement to payment of your ESA(IR).
This will not result in your being transferred to UC, it is would be an amendment of your existing ESA award.
ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset and savings rule for ESA(IR)
24 hour work rule for ESA(IR)
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Slartibartfast
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6 years 7 months ago #218512 by Slartibartfast
Replied by Slartibartfast on topic Spouse`s house (Overseas)
Thanks for your reply.
Firstly, I thought any change of circumstances, such as my fiancée moving in with me, would trigger a move to UC, is this not the case?
Secondly, regarding the house, will the fact that the house is overseas make a difference? Or the fact that she`s not British, and subject to immigration control and therefore ineligible for UK benefits?
Thanks again
Firstly, I thought any change of circumstances, such as my fiancée moving in with me, would trigger a move to UC, is this not the case?
Secondly, regarding the house, will the fact that the house is overseas make a difference? Or the fact that she`s not British, and subject to immigration control and therefore ineligible for UK benefits?
Thanks again
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- Gordon
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6 years 7 months ago #218521 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Spouse`s house (Overseas)
Slartibartfast
No, as I said it is a modification of your existing ESA claim and does not require a claim for UC.
The house being overseas would not make a difference, it's still an asset.
If he is not eligible for UK benefits after you start living together or after you are married, it may change between the two, then my understanding is that he would not then be added to your claim and the house would not be an issue, however, this is not an area of benefits that we deal with on the forum and you need to get face to face advice about this issue from an advisor with training in this area of benefits.
Gordon
No, as I said it is a modification of your existing ESA claim and does not require a claim for UC.
The house being overseas would not make a difference, it's still an asset.
If he is not eligible for UK benefits after you start living together or after you are married, it may change between the two, then my understanding is that he would not then be added to your claim and the house would not be an issue, however, this is not an area of benefits that we deal with on the forum and you need to get face to face advice about this issue from an advisor with training in this area of benefits.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Slartibartfast
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6 years 7 months ago #218569 by Slartibartfast
Replied by Slartibartfast on topic Spouse`s house (Overseas)
Thanks very much for your clarification, I shall try to speak to the CAB about the house issue.
Best wishes
Best wishes
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