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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Couple moving in together ESA and JSA - is it just a change of circs on ESA?

GCH Tenancy Sustainment
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Tenancy Sustainment Team Gloucester City Homes (GCH)

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Hi,
I have a lady on income-related ESA whose partner has started living with her. He is on income-related JSA. I’ve double-checked and it seems to me that she should be able to do a change of circumstances on her ESA claim and add him onto it. However, should he stop his JSA claim before or will the change of circumstances trigger the closure of his JSA claim? I can’t seem to find any information on this. Many thanks

Terry Craven
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Hope Advice Centre, Liverpool

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Am I correct in assuming PIP DL is not in payment.

GCH Tenancy Sustainment
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Tenancy Sustainment Team Gloucester City Homes (GCH)

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Terry Craven - 25 March 2021 06:32 PM

Am I correct in assuming PIP DL is not in payment.

Yes there is no pip in payment.

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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One or other of the income-related benefits will have to end, Terry’s question was to advise which way round would be better (ESA components versus JSA disability premium).

Para 6(1)(d) of Schedule 1 to the WRA 2007 says you cannot be entitled to ESA(ir) if you have a partner on JSA(ib), while s3(1)(de) of the JSA 1995 says you cannot get JSA(ib) if you have a partner on ESA(ir).  So one of the benefits will continue reassessed at the couple rate, while the other will terminate.  With no PIP in payment, it would appear to be better to keep the ESA and lose the JSA.  Even if the ESA claimant is in the post-2017 WRA group with no component, the conditionality works out better if the lead claimant is on ESA.

GCH Tenancy Sustainment
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Tenancy Sustainment Team Gloucester City Homes (GCH)

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HB Anorak - 26 March 2021 11:44 AM

One or other of the income-related benefits will have to end, Terry’s question was to advise which way round would be better (ESA components versus JSA disability premium).

Para 6(1)(d) of Schedule 1 to the WRA 2007 says you cannot be entitled to ESA(ir) if you have a partner on JSA(ib), while s3(1)(de) of the JSA 1995 says you cannot get JSA(ib) if you have a partner on ESA(ir).  So one of the benefits will continue reassessed at the couple rate, while the other will terminate.  With no PIP in payment, it would appear to be better to keep the ESA and lose the JSA.  Even if the ESA claimant is in the post-2017 WRA group with no component, the conditionality works out better if the lead claimant is on ESA.

Amazing - thank you both for all your help.

GCH Tenancy Sustainment
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Tenancy Sustainment Team Gloucester City Homes (GCH)

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HB Anorak - 26 March 2021 11:44 AM

One or other of the income-related benefits will have to end, Terry’s question was to advise which way round would be better (ESA components versus JSA disability premium).

Para 6(1)(d) of Schedule 1 to the WRA 2007 says you cannot be entitled to ESA(ir) if you have a partner on JSA(ib), while s3(1)(de) of the JSA 1995 says you cannot get JSA(ib) if you have a partner on ESA(ir).  So one of the benefits will continue reassessed at the couple rate, while the other will terminate.  With no PIP in payment, it would appear to be better to keep the ESA and lose the JSA.  Even if the ESA claimant is in the post-2017 WRA group with no component, the conditionality works out better if the lead claimant is on ESA.

Hi. I was just rereading your post. My understanding is that if she adds him onto her claim, his claim will be stopped. Is this what you meant? I don’ t need to close his claim first before doing the change of circumstances. Thank you.