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couple ESAir claim to single claims in full service area

 

Clara
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Welfare Rights Officer, Brighton and Hove City Council, Brighton

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Joined: 21 June 2010

Hello, I have a client who has been on her partner’s ESAir claim but he has completed an ESA3 and said they are no longer a couple.  He did this on Monday 2nd Oct and on the Weds 4th Oct their area went full service.  I just spoke to the dwp who said they have referred the claim for a ‘living together’ decision - they are still sharing a one bed flat and all the bills etc.  so the couple claim is still in payment.

My question is, if they are treated as single claimants,  would my client have to make a UC claim or is there anyway it can be a change of circs for her to have a single ESAir claim in her own name?  - I am clutching at straws.  I just won her PIP appeal (enhanced DL) so she will not get any of her premiums on UC.  I am assuming that it would be change of circs for him and his ESA can continue as a single person claim- he is also getting the edp.