FROM ESA (Contribution Based) TO ESA (Income Based

Jayne wrote: I am working full time, and my husband has been migrated from Incapacity Benefit to ESA contribution based. Unfortunately we are about to separate and go our separate ways.

My questions are:

As he is eligible for ESA contribution based, will he now be eligible for income based ESA when we separate, as he has no other means of income.

If he is eligible for income based ESA, will he also be able to claim housing benefit for a one bed apartment.

If the answer is yes to both, is there a particular form he should now complete, or should he just go along to the Job Centre and explain his situation. What proof would he need to provide to show he will be living alone.

Thank you for your advice.

My first recommendation is that he gets face to face advice, if only to help with the volume of paperwork he will receive.

Where to get advice?

Whether he is now eligible for ESA(IR) will depend on his personal circumstances, if he is in the WRAG then it is certainly less likely than if he is in the Support Group, but it is not impossible. Although Housing Benefit uses the same criteria as ESA, it may still be possible to receive HB while receiving ESA(CB).

Any ESA(IR will be paid as a top-up to his ESA(CB), so even if he is eligible, the extra money will not be great.

For ESA he will need to compete an ESA3, but his first actions are to notify the DWP of his Change of Circumstances and to make a claim for HB, both these agencies will then guide him through the rest of the process.

Gordon

Jayne wrote: Thanks Gordon. I think my husband had assumed that if he met the criteria for contribution based ESA then he would be eligible for income related ESA, as (he thought) the only difference was the income, or when he goes it alone, the lack of income.

The following have more details

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

Gordon