Meaning of “in receipt of” for ESA claimant partner work focused interview

Client is on ESA in SG, fully income-related. She claims for self and her partner.
Partner was also in the SG, fully income-related, immediately before he moved in with her. Our understanding was that his claim to ESA remained for his credits only - no payment, but is still considered in the SG.

Good ol’ local JC+ of course asked both client and partner to come in for a Work-Focused Interview before it was pointed out to them they are both in the SG. They relented on client but are insisting partner has to come in as a “partner of someone claiming a specified benefit”.

Consulted CPAG (new book, p1066-67) and the legislation cited in the footnotes.
CPAG states if partner is “entitled to” a specified benefit (eg ESA) they do not have to attend WFI.
The footnote legislation states if the partner is “in receipt of” a specified benefit (eg ESA) they do not have to attend a WFI.

Partner of course does not get paid any ESA in my case, but does that mean they are or are not “in receipt of” or “entitled to” a specified benefit (ie ESA)?

Reg 54 asks simply that a person not be in the Support Group rather than be entitled to ESA in their own right.

You need to check whether his credits are still in payment (Tom H has just shuddered) and if not get them reinstated.

It should be a piece of cake to get the credits back in; it was last time I did it at least. They are in the habit if just closing a whole claim rather than leaving credits in payment when entitlement to the cash benefit ends other than when it’s time limited IME. Once credits are up and running you’ve secured his period of LCW and thus they should reinstate his SG status.

If you’re bothered about belt and braces you could also make a Subject Access Request for his ESA55 which should confirm his group status; I can forward the consent form to do this if you PM me.

Thanks for that Dan :)