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CB ESA and partner retiring

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4 years 7 months ago #251267 by Jean Fenton
CB ESA and partner retiring was created by Jean Fenton
what will happen to my contribution based esa when my husband reaches state pension age? it is currently a joint claim as he is my carer and not working. he also receives a small occupational pension which they have already deducted from my esa. from what we can tell he will lose carers allowance when he gets his state pension, but what will happen to my cb based esa? i am in the support group. thanks

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4 years 7 months ago #251283 by Gary
Replied by Gary on topic CB ESA and partner retiring
Hi JF

Contribution Based ESA is based on your NI Contribution history, as you are in the support group then you will continue to be eligible until you are reassessed and either found fit for work or placed in the WCA group.

From your post you say that your CB ESA is currently a joint claim, you need to check your paperwork carefully as CB ESA is paid to the individual, I therefore assume that you have received CB ESA with IR ESA top up.

Your husbands income will not affect your CB ESA, not even his Occupational Pension but it would affect IR ESA.

Once your are in receipt of state pension then as you stated your husband is no longer entitled to claim CA due to over lapping benefit rules but you can have an under lying entitlement for a HB claim if you qualified.

Income Related ESA is ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works.

When your husband reaches SP age then you become a mixed age couple and benefit rules around mixed age couples changes in May last year.
www.ageuk.org.uk/globalassets/age-uk/doc...les_february2019.pdf

Gary

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