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ESA Income related and breakdown in marriage

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2 days 19 hours ago #307958 by SadieMc81
ESA Income related and breakdown in marriage was created by SadieMc81
Hi

My friend and her partner are on ESA income related and he is her carer. She said she is his carer too. They both get PIP. They are on Housing Benefit. The ESA, and Housing benefit are in her name and the tenancy of her house is in her name only.

The husband has left her however is refusing to leave the property which they are trying to get sorted legally.
He has made his own UC claim.

Can she stay on ESA? I thought she could but I am finding it hard to find anything to evidence this. My hope would be that he would stop claiming Carers for her and leave the property so she could claim SDP.

Can anyone advise please?

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2 days 32 minutes ago #307999 by David
Replied by David on topic ESA Income related and breakdown in marriage
Hi SadieMc81

If as you say both the HB and ESA are in her name she is in a good position and should claim the SDP ( severe disability premium ) as soon as possible ensuring that it will be included in her Transitional Protection.
She will be getting a UC Managed Migration letter within the next few weeks but she can use the Citizens Advice Help to Claim service to ensure a smooth transition. Here is a recommendation--
www.benefitsandwork.co.uk/kunena/10-dla-...aged-migration-to-uc

Ps. She should also claim her single person discount with the Council Tax.

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

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