Changes to the Couple rate of ESA

According to my client the DWP has said that she can no longer be part of her husband’s ESA claim when she stops getting CB and CTC.She appears to have been told that at that point she will have to sign on for JSA and her husband would go to the single rate of ESA.

I cannot find anything in the DMG to support this or in Sch 4 of the ESA regs either.

The obvious answer is that she has got mixed up between ESA and JSA but I thought I should check if anyone else has heard of this before I get back to her

The only thing I can think is that she is getting mixed up between ESA and JSA, as you suggest.  If it was ESA, the husband would be able to claim for himself and on behalf your client.

However, if husband is getting JSA for the couple, once she is no longer responsible for a child or “qualifying young person”, she would be required to make a joint claim for JSA along with the husband, meaning she also has to satisfy all the rules for income-based JSA.