Refused HB as partner’s ESA not reduced to take into account partner

No they can’t normally do this, unless and except they are sure the change will reduce an income related benefit to nil and have relevant information to support this, then they can deviate from the DWP decision. What is the partner’s weekly income?

He is working less than 21 hrs, so unless his earnings nullifies ESA, bearing the SDP in mind, then they can’t do that.

will still have about £5 income related ESA after wages taken into account

LF - 13 August 2014 04:04 PM

will still have about £5 income related ESA after wages taken into account

So it meant they can’t do that, terminate the claim, they should be paying maximum benefit.

They should be able to see that the DWP are aware of the earnings, it’s been included in the calculation for ESA and therefore they should continue to pay based on ESA(IR). All this is available, on the fingertip via CIS, to the LA.

SDP?? If he now lives with partner then why is an SDP being discussed. Or have i missed something?

SDP mentioned as DWP have not amended his claim to a joint couple he is still getting paid as a single person despite notifying DWP nearly 3 months ago and they confirm they know this and have not processed change of circs yet

HB cannot look behind the award of a passporting benefit unless fraud is suspected.  What is more a partner moving in with a claimant is of itself insufficient to be the basis for a superseding decision terminating that benefit (CIS/4434/2004)

Even if there was a (valid) decision to terminate the passporting benefit, that would again of itself be insufficient to be the basis to terminate HB (CH/3736/2006, CH/1664/2009)