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PIP Award Review and Universal Credit

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5 years 7 months ago #237400 by emsher22
PIP Award Review and Universal Credit was created by emsher22
Hi I wonder if you could advise. I have claimed PIP (just received an Award Review form to complete) I also am in receipt of ESA. I have fibromyalgia/cfs and have migrated from DLA and Incapacity . I have claimed these benefits for 20 years. I did receive high rate DLA and had a mobility car until I migrated to PIP.
My husband has been off sick from work due to Stress/Depression since Feb 2019 . He was employed full time and my carer. We have never claimed Carers Allowance .
His SSP finishes tomorrow and he has been sent SSP1. He is 62 nearly 63 and now has long term health issues but still cares for me. He will be mutually separating from his Employer when an agreement can be reached. We have been living off my benefits , his SSP and our savings. He does have a Company Pension that he could at a later date draw a tax free lump sum.
We live in a Universal Credit area and my question is what do we do now? Can he claim ESA independently or if he claims we will now have to claim jointly and how will this affect me?

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5 years 7 months ago #237408 by Gordon
Replied by Gordon on topic PIP Award Review and Universal Credit
sssh

Your husband can make a claim for New Style ESA, this is different from your ESA (see below). He will need to have 50 weeks of NI Contributions in the two Tax Years 2016-17 and 2017-18. See

www.gov.uk/how-to-claim-new-style-esa

I am guessing that you are receiving Contribution Based ESA, you should check whether you are eligible for Income Related ESA, this will be added as a top-up to your ESA(CB) but be aware that your husband's NS ESA will be deducted . ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset and savings rule for ESA(IR)

and for completeness

24 hour work rule for ESA(IR)

If you think that you are eligible then contact the DWP office dealing with your ESA and ask for an ESA3 to be sent, this will capture your financial information.

There is no need for either of you to claim Universal Credit.

Gordon

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