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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA- claimant’s partner is terminally ill

LauraE
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Welfare Benefits Team, Bassetlaw Citizens Advice Bureau

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Couple. One claims ESA as is disabled, in WRAG. Partner is diagnosed with a terminal condition.

Will they have to make a new ESA claim afresh in terminally ill partner’s name or can existing ESA claim be changed into terminally ill partner’s name? Guessing it won’t be that simple.

samiam
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Assuming a DS1500 has been issued their best option (financially) is for the terminally ill person to claim PIP as they will be automatically entitled to the ERDLC. The partner should then claim CA with an IS top up and keep their current ESA claim open as a credits only award.

Daphne
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I think they will be better with the terminally ill person claiming ESA so can get support group component and also get carer premium as you say Sam. If the current ESA claim is an income-related one CPAG pg 35 says the claim can be switched over to the other partner by them both confirming in writing that they want the claimant to be changed - references reg 41 of the social security (claims and payments) regs

samiam
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But on IS they will have a couple disability premium, carer premium and enhanced disability premium so will be better off by around £9/week unless I’m missing something (which is very likely)...

WROTricia
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samiam - 30 June 2016 12:48 PM

But on IS they will have a couple disability premium, carer premium and enhanced disability premium so will be better off by around £9/week unless I’m missing something (which is very likely)...

I concur with Sam - £9.75 better off on IS

Stuart
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WROTricia - 30 June 2016 02:52 PM
samiam - 30 June 2016 12:48 PM

But on IS they will have a couple disability premium, carer premium and enhanced disability premium so will be better off by around £9/week unless I’m missing something (which is very likely)...

I concur with Sam - £9.75 better off on IS

Also worth checking if partner has their own right to contributory ESA which will affect IS or IR ESA levels.  Some clients may also be cautious ending ESA as even though IS/CA will be better financially by the £9 or so, there will be future issues if partner dies and surviving partner having to re-apply for ESA (or UC) and wait for WRAG or UC element (if they still exist at that point!).

Daphne
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samiam - 30 June 2016 12:48 PM

But on IS they will have a couple disability premium, carer premium and enhanced disability premium so will be better off by around £9/week unless I’m missing something (which is very likely)...

you’re quite right - i’ll get my coat ;)

samiam
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Stuart - 30 June 2016 04:47 PM
WROTricia - 30 June 2016 02:52 PM
samiam - 30 June 2016 12:48 PM

Some clients may also be cautious ending ESA as even though IS/CA will be better financially by the £9 or so, there will be future issues if partner dies and surviving partner having to re-apply for ESA (or UC) and wait for WRAG or UC element (if they still exist at that point!).

As I mention above, no need to end the ESA claim as it can stay open as a credits only award. They just need to make sure they do anything required of them in the normal course of the claim (return ESA50s etc). ESA can then go back into payment if entitlement to IS ends due to the death of the partner or for any other reason.

Stuart
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samiam - 30 June 2016 10:51 PM

As I mention above, no need to end the ESA claim as it can stay open as a credits only award. They just need to make sure they do anything required of them in the normal course of the claim (return ESA50s etc). ESA can then go back into payment if entitlement to IS ends due to the death of the partner or for any other reason.

you’re right and overlooked that thinking of them ending ESA IR to get the IS started - just need to hope they get a DWP helpline person who knows the distinction how to request ending ESA payments but not credits - where’s my coat..