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Forum Home  →  Discussion  →  Disability benefits  →  Thread

Contribution based ESA and reporting change of circumstances

Pernish
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Welwyn Hatfield CAB - Adviser

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Total Posts: 75

Joined: 13 May 2014

Cl was transitioned over from IB to c/b ESA (Support Group) some years ago.  She is paid SDP and EDP. She has a partner works f/t (c.£1500 per month) and they are now considering him moving in with her. Obviously she must report a change of circs in relation to HB/CTR but I don’t think she has to do so for the c/b ESA.

I’ve looked but couldn’t see anything but am worried I may have missed something obvious. I understand she won’t be moved to UC as she has the SDP but wondered if her ESA could be affected.

Many thanks.

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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If she receives SDP/EDP it means she is also receiving ir-ESA, and must inform ESA, as her partner will affect her claim.

Her partner moving in wouldn’t have required a claim for UC even without an SDP, as she can simply remain entitled to ESA and HB as lead claimant.

Elliot Kent
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Shelter

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She isn’t just on cESA - whilst she may well have a cESA entitlement, her award includes elements of irESA as the EDP and SDP can only ever be part of an irESA calculation. A partner in full time work will disqualify her entirely from irESA so yes she must report it (and even if that weren’t the case, his earnings would be taken into account and probably nil the award). She should remain entitled to cESA to the extent that she already receives it (it would just be the personal allowance for a single person plus the support component). Her HB and CTR would need to be assessed on the basis of the changed household circumstances and she may or may not have an entitlement once that is done.

The SDP gateway will not apply because of the partner moving in (unless it would be double SDP). UC may be a consideration but it is a choice - it is never a case of being ‘moved over’. Your client would remain on cESA and then you could do a calculation as to whether the household will be better off staying on HB or claiming UC alongside that.

Pernish
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Welwyn Hatfield CAB - Adviser

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Total Posts: 75

Joined: 13 May 2014

Thanks to all for setting me right. I seem to have lost any knowledge I had over lockdown. I appreciate and understand the advice on here and will advise cl accordingly. How could I miss the fact that SDP/EDP are i/r and former not available where living with someone? Probably time to retire. The household might be better off given the partner’s earnings but cl is anxious as she’s lived on her own for so long and this would be a big change at 60…