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

Adding a partner to a claim for IR ESA

Linda T
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Money advice & benefits - VIVID, Hampshire

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Total Posts: 5

Joined: 2 May 2012

Hello. We are assisting a client who is claiming as a single person, he is in the Support Group and gets enhanced PIP daily living. Girlfriend has moved in (working NMW 10 hours pw, no claim for any other benefit). We contacted DWP to have her added to his claim, as the earnings don’t take them out of entitlement, and they have refused stating that “they are not processing any changes of circumstances to IR ESA - they have to claim UC”. We have considered both these threads https://www.rightsnet.org.uk/forums/viewthread/16648/ &  https://www.rightsnet.org.uk/forums/viewthread/16299
and believe that this change is possible. We are assuming that they will now look to suspend his ESA. Has anyone else come across this response, and any tips for dealing swiftly? We will be escalating but these things take time! Thanks

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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That response certainly appears incorrect (and unlawful) but, fortunately, I haven’t come across it so haven’t got any useful information on how to resolve it swiftly.

Linda T
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Money advice & benefits - VIVID, Hampshire

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Thanks anyway. We decided to phone again and the next DWP person did as we had requested! Obviously a training issue - but worrying as the first person checked with a team leader.

Elliot Kent
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Shelter

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Yes always the traditional solution to being told something silly by someone on the helpline!

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Our adviser got back to us as follows.

Everything has now been resolved, this couple have a joint income related ESA claim, and the Housing Benefit claim has been updated to reflect this. So we have avoided them needing to apply for Universal Credit. It did require a referral to the local partnership manager to escalate to a senior advisor at ESA due to their lack of communication.