Financial abuse

Client is under SRP age in a legacy benefit area. Husband is over PC qualifying age and claims PC for the both of them as a couple. He also receives SRP and a private pension. Husband has left the UK temporarily (about 8 weeks) and is due to return in the next few weeks. Husband has complete control over the couples finances and will not send any money to her whilst he has been away.

Husband’s PC should have stopped after the 4 week period from when he left the UK. Client has tried claiming irESA as a single person but this has been refused. My understanding in this scenario is that client’s applicable amount should be as a single person for the ESA claim. However, she would still be treated as being in the same household as her husband as he is expected to return from abroad within 52 weeks. His income is therefore still considered.

Husbands income (not including PC) exceeds the applicable amount for a single person and therefore client would not be eligible for irESA. Is there any way that we can challenge this to enable her to receive some income?

Many thanks!