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How death of a spouse affects my ESA C claim

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4 years 7 months ago #236593 by Ditzee
I was previously in receipt of ESA IR and in support group. I had been separated from my husband who then moved in with me and was sadly diagnosed with terminal lung cancer. My husband was in receipt of ESA Contribution based and PIP. When he moved in my benefit change from IR ESA to Contribution based ESA. We still received some help with housing benefit and council tax.
Sadly my husband passed away 23/8/19. My husband is will his death trigger a Universal Credit claim for me? My personal circumstances remain unchanged in that I still have no savings, do not own my home so my financial situation is as it was prior to him moving in. He has no savings, no home, no pension and no insurance policy. I am hoping to continue with ESA but consider it should revert back to Income related and I will then receive housing benefit and full council tax rebate. Apparently I am entitled to Bereavement allowance of £100 monthly for 18 months but if I receive it will it affect my claim? I was also receiving Carer's premium but was not actually paid it due to the level of our income.
Could someone please, please come back to me asap as not only am I grieving over the loss of my husband but I am also trying to fight to stay in my rented home and need have up to date correct benefit information. Thank you.

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4 years 7 months ago #236604 by BIS
Hi Ditzee

I am sorry for the loss of your husband.

Obviously you are under a great deal of stress at the moment, but you really need to contact the DWP to get the correct information.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Ditzee

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4 years 7 months ago #236743 by Ditzee
Hi Bis

The reason I asked for advice is that I have been given conflicting advice on this subject. I want to avoid being transferred onto UC and want to wait for natural migration which means my current level of payment will be protected. The DWP want to push UC. My argument is that I was and am on ESA. Originally it was Income related but when my husband moved back his income was obviously taken into consideration and I was told ESA payment would now be Contribution based. Now he has sadly passed away my income has reverted back to where it was when on ESA IR. His death is the only change of circumstances in this household. I am still sick, I am not changing address, I have no change in my income and savings therefore I consider this enough evidence to stay on ESA. PLEASE PLEASE can someone help me with this I am struggling enough arranging his funeral and applying for bereavement support and bereavement allowance!

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4 years 7 months ago #236767 by Gordon
Ditzee

You do not need to claim Universal Credit even if the DWP say that you do, you can ask to have your financial situation assessed to see if you can have an Income Related ESA payment added back onto your ESA(CB), you need to ask for ESA3 to complete.

If you are eligible for Bereavement Allowance then it may prevent an ESA(IR) payment as it will be treated as income.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 7 months ago #236770 by Ditzee
Thank you Gordon. So do you believe I could have CB ESA with IR ESA element added which would passport me to full housing benefit and CTR? Would I better of not claiming the bereavement allowance? I have tried all the usual sites with regards to a "better off calculation" but cannot obtain a consistent figure. Also, if I was to make a claim for UC would this then trigger a face to face assessment relating to my ESA SG?

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4 years 7 months ago #236774 by Gordon
Ditzee

You didn't mention HB in your post, that changes my answer!

If you are receiving PIP Daily Living or DLA MRC or HRC then you would be entitled to the Severe Disability Premium as part of any ESA(IR) that you might be eligible for, if this is payable then you would be barred from claiming UC and you could claim HB directly.

However, if you are not entitled to this Premium then the only route available to you for HB is via a Universal Credit claim. Your EA(CB) would remain in payment but would be deducted from any UC your receive.

CTR is not a UC benefit, you need to contact your Local Authority.

We can't comment on the BA, it is dependant on your circumstances and what you are claiming.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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