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Forum Home  →  Discussion  →  Residence issues  →  Thread

Single claim ESA- spousal visa partner plans to move in.

ub40worker
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Welfare Team, Kensington and Chelsea CAB

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Hi all,

I have a british national who lives alone and is in receipt of IR ESA and the SDP as she is in receipt of ERDL & ERM.

She is going to bring over her partner on a spousal visa.

I believe that one of the conditions of a spousal visa is that the person on the spousal visa is self sufficient for the first 5 years?

If that is the case if her partner moves over- would this mean that her ESA claim would have to stop due to a change of circumstances? And she would have claim UC. I know that normally if the other person has no recourse for public funds that although they are there on the claim- they would not get the couple rate and in this case the SDP would stop?

HB Anorak
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Yes you have that right. They are a couple but the applicable amount includes nothing for the partner. It’s a change of circs, ESA doesn’t stop ... but losing the SDP means she will be better off on UC so might want to think about claiming it.

Daphne
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HB Anorak - 09 July 2019 11:23 AM

ESA doesn’t stop ... but losing the SDP means she will be better off on UC so might want to think about claiming it.

She’d only be better off on UC if she was support group wouldn’t she? If she is WRAG then at least on ESA she would get the edp due to her PIP so ESA would be better option

HB Anorak
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Yes, that’s true. I was assuming from double enhanced PIP that support group is a given.

Daphne
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Well I agree it probably should be - but you never know with a WCA ;)

ub40worker
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Thanks both. As usual great support on here.

ub40worker
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Another added twist to the mix- would be if under the spousal visa if they were able to work?

Although it is a joint claim for ESA without the top up of the couple rate being added. How would any earnings from her partners work be considered on her claim for ESA? The permitted work rule would not obviously be applicable but I am confused about how to put this into QBC.

HB Anorak
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Reg 22 provides for the couple’s income to be aggregated in these cases: it is the least advantageous treatment possible.

ClairemHodgson
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but in any event, my recollection is that the british spouse has to have a minimum income to support self and spouse, and the rules don’t allow the immigrant spouse’s income to be taken into account.  i can remember reading a few cases round that point…..

they need immigration advice round those issues before they need benefits advice….

ub40worker
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HB Anorak - 09 July 2019 06:54 PM

Reg 22 provides for the couple’s income to be aggregated in these cases: it is the least advantageous treatment possible.

Thought so- cheers HB Anorak.

ub40worker
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ClairemHodgson - 09 July 2019 09:30 PM

but in any event, my recollection is that the british spouse has to have a minimum income to support self and spouse, and the rules don’t allow the immigrant spouse’s income to be taken into account.  i can remember reading a few cases round that point…..

they need immigration advice round those issues before they need benefits advice….

Yup you have hit the nail on the head. I have told them this. Ta.

Ruth Knox
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Although the rules on minimum income don’t seem to apply where there is a disability benefit. (CPAG migration page 26 Ruth