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Living with someone or getting married when on Benefits

GarzaGarza Member Posts: 68 Courageous
I have had a long distance relationship for 5 years now, my partner works full time and it is my understanding that if we lived together or got married I would lose my ESA and be left with just £200 a month from mobility allowance, firstly is the correct, secondly are there any ways around this, I am guessing I cant be the only one in this situation!

I also believe that income Based and Contributions based ESA are treated differently in this regard which seems quite unfair to me, I would like to hear what others think about this 

Replies

  • Ami2301Ami2301 Community champion Posts: 6,610 Disability Gamechanger
    Hi @Garza

    This does sound like a tricky situation! There are very knowledgeable members in the community who will be more than happy to get in contact with you to offer advice!
    Community Champion
    Disability Gamechanger - 2019
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    Hi,

    Contributions based benefits are paid to those who have worked and paid their NI Contributions in the 2 years precious to claiming a benefit and household Income and savings aren't counted.

    Income Related benefits are based solely on household income, savings and capital and are not based on any NI contributions. Income related benefits are means tested and there's an amount of money the law says you need to live on and unfortunately having a partner that works more than 24 hours per week means you won't be entitled to Income Related ESA.

    PIP of course isn't mean tested and you'll continue to receive that for as long as you qualify. All changes must be reported.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • GarzaGarza Member Posts: 68 Courageous
    thank you both for your comments, it does indeed seem that what I suspected is correct and we are indeed stuck as we are, it seems really unfair and short sighted to have this imbalance in place, I worked for over 20 years making contributions before I was unable to any more and this all seems to have been forgotten, I wonder how many others are in a similar situation or  not telling the truth about their circumstances
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    You say you worked before you claimed ESA. Have you checked to see if your ESA is part Contributions based with an Income Related top up? It will tell you on a breakdown of payments on a past ESA letter or you can ring DWP and ask exactly what you're claiming. If it's part Contributions based then you will keep that part on just lose the income related top up.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • GarzaGarza Member Posts: 68 Courageous
    i was on contributions based for a little while but then i got switched over to income based so I am assuming i was no longer eligible.

    I wonder if there could be a poll put up here to see if anyone else is in the same situation
  • GarzaGarza Member Posts: 68 Courageous
    Hi everyone

    I posted this is another thread but then realised it may be better off here, copied it across as I didnt know how to share from there.

    "I have had a long distance relationship for 5 years now, my partner works full time and it is my understanding that if we lived together or got married I would lose my ESA and be left with just £200 a month from mobility allowance, firstly is the correct, secondly are there any ways around this, I am guessing I cant be the only one in this situation!

    I also believe that income Based and Contributions based ESA are treated differently in this regard which seems quite unfair to me, I would like to hear what others think about this "
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    Those that are in the Support Group and claiming Contributions based, will always be on CB because it's paid for as long as you remain in the group. You don't just stop claiming the CB part. If so,  As i stated previously it's quite possible that you're claiming an Income Related top up on your CB ESA. You seem confused so the best thing to do is ring DWP and ask what exactly are you claiming for ESA, is its all Income Related or CB based with an Income related top up. If it's the latter one then if you move in with your partner you'll keep the CB (£110.75) and just lose the Income related top up.

    If it's the WRAG you're in then as CB is only paid for 365 days when in this group then yes you'll definitely be on Income Related and you will lose all of this if you move in with your partner, if he still works.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • GarzaGarza Member Posts: 68 Courageous
    i am certainly confused thats a fact, thanks for all of the advice
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    Garza said:
    i am certainly confused thats a fact, thanks for all of the advice
    You and most likely 1000's of others are usually confused when it comes to CB and Income related. If you're in the WRAG then you'll definitely be on all Income related. If you're in the Support Group then the best thing to do is ring DWP and ask which you are claiming, CB or Income Related and they'll tell you exactly what you're claiming.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    Hi,

    I explained it really well on your other thread here, so others can see.

    If you're in the Support Group and still don't know which one you're claiming then you'll have to ring DWP and ask because this is the only way you'll know for sure which one you're claiming.

    Income Related is a means tested benefit and household income affects what you're entitled to. Contributions based is paid when someone has worked and paid enough NI contributions in the 2 years before their claim started (any years before this don't count) this isn't means tested and household income doesn't affect it. I'm not sure why you think it's unfair, it's the way it's always been with claiming a means tested benefit.

    Housing benefit and council tax reduction is exactly the same, they're means tested and household income will affect the amount you can claim.

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • GarzaGarza Member Posts: 68 Courageous
    Been trying to call ESA all week, just on hold, guessing they are really busy.

    I think it is unfair because I am stuck in lmbo with my relationship and the only reason I am still not working and contributing to society like I had for over 20 years is due my worsening health, I think it is really short sighted too, were we able to live together I would no longer need housing benefit and council tax reduction, also an adapted council property would become available whic hare really sought after, another reason is that as i get older and worse because of my current living situation i will rely more heavily on care and support some of which could be provided by my partner.

    I also think it is unfair because I will play by the rules and not cheat the system which I think we can all agree a huge number of people do 

    I am really suprised that certainly on here I seem to be the only one with this issue.
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    Very few people claim benefit fraud.  
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • GarzaGarza Member Posts: 68 Courageous
    edited October 2018
    Very few people claim benefit fraud.  

    According to DWP figures for 2015/16  just over 1percent of benefit claims are fraudelent so yes in that respect the numbers seem small, however, that 1 percent cost the UK £1.9 billion for that financial year, hardly an insignificant number, this also does not account for those people that they are unaware of 

    This is the article the figures are from

    https://www.bbc.co.uk/news/amp/election-2017-39980793
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