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Couple splitting up

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4 years 11 months ago #248096 by A4H2009
Couple splitting up was created by A4H2009
My daughters common law partner had an affair and left her my daughter was claiming for him and he was her carer
He's now cancelled carers allowance and put in a separate claim, my daughter is claiming ESA + PIP. What I want to know is will my daughter be able to still claim those or will she be automatically put onto Universal credit? She's been on these benefits for yrs also he left her with 3 young kids if this is relevant. Pls someone help me with some answers she's at her wits end.
Thanks

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4 years 11 months ago #248104 by Gary
Replied by Gary on topic Couple splitting up
Hi Allen

We do not have enough information to give you an answer.

The first question to ask is, what type of ESA does your daughter claim (IR) or (CB)?
What components of PIP does she receive? I assume she gets daily living component.
Does your daughter live on her own? not including 3 young children under 18.
Is she eligible to claim SDP with her ESA www.gov.uk/disability-premiums/what-youll-get

If your daughter lives on her own with 3 young children, and no one claims carers allowance against her PIP claim then she needs to contact ESA and apply for SDP, this would exempt her from going on to UC www.disabilityrightsuk.org/news/2019/feb...eredisabilitypremium.

She will not automatically be put on UC, she needs to sort out her ESA first and if applicable get SDP and then everything should fall in place.

Gary

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

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