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ESA OR UC?
And out of curiosity, what happens if the non-claimant in a couple (not separated) with 2xSDP tries to claim UC?
We’re back to the question Dan raised above.
A couple in this situation would be making a joint claim for UC -which they can’t do because reg 4A bites as the other member of the couple is in receipt of a legacy benefit which includes the SDP.
And out of curiosity, what happens if the non-claimant in a couple (not separated) with 2xSDP tries to claim UC?
We’re back to the question Dan raised above.
A couple in this situation would be making a joint claim for UC -which they can’t do because reg 4A bites as the other member of the couple is in receipt of a legacy benefit which includes the SDP.
That’s what I thought, so on the point that Peter was making earlier, about advising one partner of a couple to claim HB, to try an ensure SDP entitlement if they become single - What’s to stop a new HB claim by the partner? Or am I missing/misinterpreting something?
Edit: So for a scenario: Couple with ESA and HB (2xSDP) in one partners name, that partner becomes terminally ill etc. - Advise other partner to take over the HB claim, in order to keep SDP when partner dies.
(Obviously none of this helps NAI’s original problem).
Yes, if you have a double-SDP couple where one member of the couple is getting both ESA and HB, then you could advise that the current non-claimant partner claims the HB instead. That should still be possible for as long as the gateway operates.
This would protect the non-claimant partner from needing to make a UC claim in the event of relationship breakdown or their partner’s death occurring before UC migration completes.