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NON DEPENDANT VISIT AND ESA, HB

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6 years 3 months ago #224810 by woodsie
NON DEPENDANT VISIT AND ESA, HB was created by woodsie
Hi Gordon!

I was transferred from IB to ESA in 2011 and I am on ESA (CB) plus an IR ESA top up. So on legacy benefits.
I also get PIP enhanced payment in both care and mobility.
In my payment is included SDP as I live alone without support.
I also receive HB and CT support.

My daughter on finishing her degree course in the summer wants to come home for four months approx (not exactly sure at this time) and split her time between her mother’s home and mine she will no longer be a student.

It is not a permanent situation as she has already got plans in the pipeline for the future.

My question is concerning my situation;

I don’t want to refuse her she my daughter, but I am worried about the long term implications on me!
I reach 65 this year and receive my OAP early next year and I don’t want to suffer financially for the rest of my life by losing a large chunk of financial support.


Would her staying with me be classed as a change of circumstance? Prompting any change in my ESA and affect my housing benefit.
(At present I get £81.58 a week i entered my payments for the benefits above on Entitled To it quoted a UC payment of £90 per month for housing costs that’s a loss of £263 a month! I presumed this was because it would revert to this if I had to claim UC because of a change of circumstances.)

How long can she visit for at a time, before she is deemed to reside with me? Before I then need to inform anybody; I don’t want to break any rules so close to retirement.

I have tried to find info online about a non dependant child visiting; but just find tables about their income, not how long they can stay; before effecting my entitlements.

Any help would be much appreciated !
Thank you.
Regards
Matchseller.

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6 years 3 months ago #224823 by sue2007rec
Replied by sue2007rec on topic NON DEPENDANT VISIT AND ESA, HB
If your daughter isn't in receipts of benefits then I can't see that as a change of circumstances. If she is I would suggest you visit a CAB who would be in a better position to explore with you the options and risks
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6 years 3 months ago #224831 by Gordon
Replied by Gordon on topic NON DEPENDANT VISIT AND ESA, HB
matchseller

The critical issue is where she is registered as staying? If it is you then you will lose the SDP as you will no longer be living alone and it will also affect your HB. If she is registered at her mother's then she is only visiting with you and it should have no effect, although I don't know at what point a visit might be considered as permanent but if she only spends a couple of weeks with you at a time then it should not be an issue.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #224835 by sue2007rec
Replied by sue2007rec on topic NON DEPENDANT VISIT AND ESA, HB
thanks Gordon I was focusing on UC
I've discovered that it maybe possible for your daughter to stay with you without affecting your SDP - If someone doesn't normally reside with you because they live elsewhere, they cannot count as a non dependent[there is no definition of normally resides in terms of time, frequency- see CSIS/100/93 AND CIS/14850/96

Those references won't mean anything but you may want to contact an advice worker to establish if your daughter comes under this- in which case your SDP is safe
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5 years 9 months ago #233771 by woodsie
Replied by woodsie on topic NON DEPENDANT VISIT AND ESA, HB
Hi Gordon!

This is the original information from my first post above.

I was transferred from IB to ESA in 2011 and I am on ESA (CB) plus an IR ESA top up. So on legacy benefits.
I also get PIP enhanced payment in both care and mobility.
In my payment is included SDP as I live alone without support.
I also receive HB and CT support.

My daughter on finishing her degree course in the summer wants to come home for four months approx (not exactly sure at this time) and split her time between her mother’s home and mine she will no longer be a student.

It is not a permanent situation as she has already got plans in the pipeline for the future.

My question is concerning my situation;

I don’t want to refuse her she my daughter, but I am worried about the long term implications on me!
I reach 65 this year and receive my OAP early next year and I don’t want to suffer financially for the rest of my life by losing a large chunk of financial support.


However since this original post there is a possibility though not as yet definite that for the period above my daughter may be resident with me as my ex is worried about the financial loss to her as daughter is registered at her property as of now!!


My questions are; as i believe no new claims will have to be made will the only changes be:
(1)The loss of SDP?
(2) Increases in HB and CT payment amounts to my existing claims?(as i am responsible for rent)
(3) Would my payments then revert back to my original payment of CB/ESA ;this had a transitional payment included in it? (£151/week cb/esa including trans payment) i have £28/week ir/esa top up in addition to this at present to reach my applicable amount )
(4) Could SDP be reinstated to my ESA claim on her leaving?
(5) If not can SDP be re added because when i reach pension age and receive OAP next January i will fall below my applicable amount?
I should also say that during the 4 month period she will be abroad for aprox 7 weeks.

Sorry for so many questions; i can carry the financial loses; if all it means is reverting to my original CB/ESA (less IR/ESA) and manage HB and CT increases.

Any advice from you will be much appreciated.
Many thanks in advance Matchseller.

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5 years 9 months ago #233779 by Gordon
Replied by Gordon on topic NON DEPENDANT VISIT AND ESA, HB
matchseller

1. Yes, you would lose the SDP.

2. I would expect so.

3. If it is only the SDP that allows payment of the ESA(IR) then yes, you would revert to just your ESA(CB), the Transitional Payment should be included but you might have to remind the DWP of this.

4. Yes

5. The SDP would only be payable when you reach State Retirement Age if you also claim Pension Credit.

Gordon

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