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SDP gateway, forming a couple and effect on ES/UC awards
Hi folks,
Getting myself tied up in knots here and would greatly appreciate any pointers.
We have two currently single ESA claimants who are both receiving SDP with their ESA awards. They are thinking of moving in together. If they do form a couple prior to 27.01.21, then the SDP gateway means they stay on ESA as a couple with double SDP. If they are later moved to UC as part of managed migration, then they could be entitled to transitional protection due to the SDP.
If they move in together after 27.01.21, with no SDP gateway, this will mean they must make a UC claim instead? One partner can’t join the other partner’s ESA award can they? If this is the case, they also do not receive any transitional protection.
Does that sound correct to you? Basically, without doing the calculations, they would probably be better off moving in together now and get a joint ESA award established, so that provided they aren’t then naturally migrated at a later date but instead go through managed migration, then they could also be eligible for TP.
Thanks for any thoughts.
No such thing as a joint claim for ESA, so if they form a couple, they will just have to pick one of the ESA awards to survive and then the other person would end their ESA and be a partner on the other award with double SDP in payment.
Doesn’t really make any difference whether this is before or after 27/01/21 unless there is some sort of housing benefit, tax credits or MAC element I’m missing.
Sorry, there are HB awards in payment as well.
Sorry, there are HB awards in payment as well.
If they are just going to move into one of their existing properties, then they could keep the HB going for that property. Same if they are moving within the council area of either property.
If they are both going to up sticks and move to a different council area to either of their current properties so that a new HB claim is necessary, then they will probably want to do so whilst they can still rely on the gateway.
Thanks Elliot, I thought I was getting something wrong here.
So they can both move into his property, before or after 27.02.21, and do change of circs to add her to his ESA/HB awarsd and that should be fine.
Then they wait for managed migration in order to be eligible for TP with UC award?
Simple as that? I blame Monday mornings.
Hi
In response specifically to the question of whether one can join the other’s claim for ESA, I think the answer generally is yes, because it’s simply a change of circs for the ESA claim - they’d just fill in an ESA3 and then the couple amount and any additional premiums as appropriate should be payable.
However, the issue in this scenario might be the housing costs - if they needed to make a new claim for housing costs after the SDP gateway is closed, then UC would be the only option. But if one of them has an existing HB claim and they are moving to another property in the same borough, then I believe they should be able to take the existing HB claim with them (or of course if or they are staying in the same property for which they currently claim HB).
I think this is correct, but I’m far from 100% and part of my reason for posting is to see if anyone puts something to the contrary up! So please do double check it. I’d be interested to know what other people’s views are on this issue.
Sorry I’ve not answered every point but I hope this gives some food for though.
Cheers
Alex
Edit - the above was posted having only seen the initial post, not the subsequent posts.
Thanks Alex, that’s what Elliot is saying also. i don’t know why I got it into my head that oost-SDP gateway, forming a couple would be a problem for them.
One point possibly worth considering is that if one of them will reach pension-age in the next few years, it may be worthwhile to keep the other one as the ESA claimant. This would allow them to continue on legacy benefits upon becoming a mixed-age couple.
Very good point Charles, thanks very much.