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

Which person should claim for ESA?

DeniseB
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Welfare Rights Advisor; Family Mosaic East Region

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Happy new year all. A question which probably has a simple answer but I’m a bit out of the loop so I’ll ask anyway…

My tenant is currently claiming IB-ESA (with WRA component) and DLA (MRC & HRM). Her partner, who currently lives elsewhere, claims CB-ESA (assessment phase) and DLA (LRC & HRM). 

They are planning to move in together.

As the existing tenant, she will need to make a fresh claim for HB/CTB to include her partner. However, my query is, do they need to make a joint claim for ESA, and if so, who should make the claim?

Many Thanks

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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The IESA claimant needs to notify as their ESA is means-tested. The CESA will remain.

If memory serves the CESA partner will be added to the IESA claim thus both retaining NI credits (but need to check that).

As your IESA client will lose his/her SDP may want to look at whether CA should be claimed by the CESA client.

DeniseB
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Welfare Rights Advisor; Family Mosaic East Region

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Thank you - I had a feeling it was that way round but always best to check. 

The I-ESA client’s son already claims CA so no loss of SDP in this case.

Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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Would they be better off if the Son gives up the CA and the partner claims it and they claim IS instead?

DeniseB
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Welfare Rights Advisor; Family Mosaic East Region

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I’m not sure. As the partner gets C-ESA wouldn’t he only get underlying entitlement? And then the son would have to claim JSA I presume. He lives in the same house so he would still be doing some caring. I can discuss it with them.

Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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I always shove all scenario through the calculator just to check :)

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Nicky - 04 January 2013 12:39 PM

Would they be better off if the Son gives up the CA and the partner claims it and they claim IS instead?

That’s a tricky one… Support Component plus EDP is higher than the couple rate disability premium. Partner is i.r.o High Rate Mob which would be indicative of Support Group entry.

Is the EDP payable with IS if matey is placed in the Support Group?

[ Edited: 4 Jan 2013 at 04:24 pm by Dan_Manville ]