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

LCW failure, can partner claim instead of MR

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Joined: 22 July 2013

Seen a client today who is an IS to ESA migration failure, with wife as partner on the claim. I explained MR process and need to sign on JSA etc. He suggested his wife claim ESA instead as she has also become ill (not previously claimed) and he go on her claim as her partner instead.
I explained about loss of transitional protection, etc., but he was adamant that this was what they want to do.
Is it possible?

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Yes. He should still challenge the decision to protect his NI though. Might well manage to keep the TP as well!

Edmund Shepherd
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Tenancy Income, Royal Borough of Greenwich, London

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Definitely in their interests to challenge the refusal. They don’t have to go to the hearing if they are quite sure they want to abandon it, but it’d be a shame to just walk away from a potentially viable appeal.

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Thanks for that. I will keep trying to persuade them to appeal.

I’m still unsure exactly how this will work. If he wins the appeal what next? Presumably his ESA claim gets put in payment from the decision date and payment is made minus what she receives from her ESA claim (they will both be IR only) i.e. the transitional protection and 13 weeks of lost component.

If she is still in the assessment phase, I am assuming it will go on to determination. Will her claim switch to Credits Only or what happens next?

If he gets put in WRAG and her in SG is it possible to get his TP applied across to her claim instead? I can’t see how it would be but if someone could clarify would be much appreciated, my mind is muddled…