ESA Benefit and Unemployed Dependant

[Very unhappy bunny]

Hi

 

I am looking for some advice for a friend.

 

Her Husband has been on ESA since January of this year. He is currently appealing his ATOS medical decision and is receiving the assessment phase rate.

 

She has been self employed for almost twenty years but has had to close her business due to decline in work. She has paid all required NI contributions.

 

She filled in an online claim for Jobseeker's Allowance and both of them had to attend for interview at their local Jobcentre. When they attended they were told that as her Husband has an existing claim for ESA that she would be added to that and was not required to sign on. She has since been told that a household cannot claim two contribution based benefits.

 

It is two weeks since the interview and they have only received his usual ESA payment. They have a mortgage on their property and no savings. My friend is obviously very worried about their financial situation. She does have some sort of mortgage protection policy but this will only pay half her mortgage and only comes into force after three months.

 

Could someone kindly advise whether this is the case - that she cannot claim Jobseekers in her own right or does this fact not really matter and it will even outself out. Her Husband is 61 years of age.

 

Regards,

 

VUP

[estellyn]

as far as I'm aware, a household can claim two contribution based benefits, they CAN'T claim two income based benefits. Whether or not she's better off being on his ESA claim depends on what he's getting. Has she paid the right conts to qualify for JSA and meet the contribution conditions - if she hasn't it won't matter.

[Very unhappy bunny]

Hi

 

Thank you for your response.

 

Yes, my friend has paid all required contributions - I think Class 2 and Class 4 NI.

 

Not having been in this position before (fortunately) she is totally unaware of how the benefit system works. Her Husband is at this time only receiving contribution based ESA. She tells me they had to complete an additional ESA form about change of circumstances and send that in. She is also unsure as to what will happen with the council tax etc. and whether this all forms part of the claim.

 

Any help is appreciated.

 

Kind regards,

 

VHB

[antone]

It is indeed possible for both members of a couple to receive contributory benefits in their own names, but there is one thing that concerns me here - Class 2 NI does not count towards JSA so she may well find she is not entitled to JSA©. If they have no other income or savings, the husband should report a change of circumstances on form ESA3 and make a claim for Income Related ESA for both of them.

 

They can also make a claim for Council Tax Benefit - this should be done directly to their council's Benefits Department.

 

Edit to add: Sorry, missed the fact that the change of circs has already been reported.

[Very unhappy bunny]

Hi

 

Thank you for the responses. I have seen my friend over the week-end and she informs that they have received nothing in writing at this time from the DWP as to what they are entitled to or indeed any additional benefit. The only income they have is £71.70 ESA (husband awaiting tribunal hearing) and a small private pension of her husband's that amounts to about £60 per week. As previously advised, she is being added to her husband's existing claim. The claim was started on 1.7.13. Do the DWP usually take this long to process claims. They have returned all forms sent to them - most recent was a form about her previous self-employment.

 

Added to this is her mortgage company are pressing for income/expenditure etc. and without knowing if they are entitled to more than £71.70 how can they progress with sorting anything out. They have also applied for Council Tax Benefit and are awaiting to hear from that.

 

Her Husband is aged 61 years and it looks to me as if he may be entitled to Pension Credit from January 2014 if she has not found employment before then.

 

Any advice very welcome.

 

Thank you for any help.

 

VUB

[Very unhappy bunny]

Hi

 

My friend's Husband has now heard from the Tribunal service and been advised that it may be 4/6 months before he hears anything further as to his Appeal date.

 

Can someone please advise is there any published information as to what minimum income a married couple requires to live on. As mentioned their sole income is approximately £133.00 per week.

 

Thank you.

 

VUB