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SDP gateway and single client recently separated.
Dear All
Can I just check I’m on the right track.
I have a client who has recently separated from his partner. She claimed ESA for both of them and the award included SDP x 2.
My understanding is that he cannot claim a legacy benefit as although an SDP was being paid in respect of him, it was not his claim. He needs to claim UC.
Have I got this right?
Thanks in advance.
That’s my understanding.
Unless any HB claim is in his name - and is staying with him.
Thanks both.
Yes, I’m going to double check the HB position but suspect that will have been her claim too.
What do you mean by the HB claim staying with him?
Sorry, long day leads to silly wording.
I think I meant whether he was still claiming HB - or within the 1 month deadline of HB stopping (although in many circumstances where HB stops he would lose entitlement to the SDP anyway. Such as moving in with a relative).
On the other hand, if he’s not the claimant, and if they were still on amenable terms, they could swap claimants before he moves out
On the other hand, if he’s not the claimant, and if they were still on amenable terms, they could swap claimants before he moves out
You can’t swap HB claimants, as he can’t make a new claim for exactly the same reasons that he can’t make a new ESA claim.
I think Va1der means to swap while still living together. During that time they could swap claimants due to the SDP.
...Should have let this one lie yesterday. Clearly not thinking straight. Good thing other members keep watch. Paul is right, of course.
The exception would be if they are in a stage of the separation process where they still count as a couple for benefits purposes. Often find that people who call themselves ‘separated’ are actually still legally married, with some not even having started any formal proceedings.
Realising a swap in the middle of a separation process though can be a whole other matter. You wouldn’t normally be able to advise the wife, for one.
*Please don’t tell me there’s another error in that ^^
Sorry, long day leads to silly wording.
I think I meant whether he was still claiming HB - or within the 1 month deadline of HB stopping (although in many circumstances where HB stops he would lose entitlement to the SDP anyway. Such as moving in with a relative).
Thanks Va1lder. I know what you mean now!
I think Va1der means to swap while still living together. During that time they could swap claimants due to the SDP.
I’ve been caught out by this one before. Charles never misses a detail. He’s right again because the SDP gateway is concerned with whether or not the claimant would be able to claim UC. if you remain part of a couple with someone who has/recently had an SDP, that prevents both of you from claiming UC and in turn enables either partner to claim legacy, so the switcheroo is possible.