Partners moving in together advice

Hi all

First of all just to say I have done a forum search on this issue but couldn’t quite find this particular scenario (albeit similar ones) so I thought it’d be best to make a new thread to ensure I am getting this right.

I have a client, Client A, who lives alone. He has a partner, Client B, who also lives alone, separately from Client A.

Client A is mutually exchanging his social housing property and moving to another part of the country. Client B is going to move in with him at the same time, leaving her private rented property to live together. I need some advice on what the best course of action is for them with their benefits.

Client A is currently being signed off work by his doctor and is claiming Income-Related ESA. He is waiting for his assessment (and has been for some time). I am very sceptical of his chances of passing the WCA because his doctor primarily signed him off because he kept getting sanctioned on his JSA, and that was mainly because he lives in an isolated village without his own transport and also cannot afford Internet access, and so is reliant on the poor public transport for job seeking.

Client B is entitled to higher rates of DLA mobility and care. She also gets IS in respect of disability and again is waiting for her assessment (obviously she was meant to have had it before April 2014 but ho hum). Given her DLA entitlement I think it is a fairly reasonable assumption she has more chance of passing a WCA than he does.

I have already advised Client A that once they move in together he should claim Carer’s Allowance. I have advised him not to do it until they move as at the moment she gets the Severe Disability Premium and would obviously lose that if he claims Carer’s Allowance in respect of her.

However, the way I see it, they have several choices about what income-based benefit they claim as a couple. They both have live income-based claims and one of them will have to stop.

Long term, I think the best thing they could do is Client A claims Income Support as a carer. This would mean then that neither of them would have to actually finish the WCA as entitlement would depend on her DLA and they would get more disability premiums as well as the carer premium. Obviously there is risk of PIP assessment ruining this, but they will be living in one of the areas not currently planned for reassessment so this would likely be a few years away yet.

Short term however they want to try to maintain as much income as possible (i.e. not have claims stopped and have no income when they’ve just moved). I have therefore suggested that he close his ESA claim, and that she report their move and the fact that he has moved in so he goes on her Income Support claim. This is where I am a bit confused.

He tells me DWP have told him he cannot go on her IS claim. But the way I read the rules, I’m not sure whether that is true. CPAG bible (just got the new one in yesterday) does say that you cannot claim IS if you or your partner are entitled to income-based JSA, Income-Related ESA or PC.

However, could he not simply close his ESA claim? Wouldn’t the fact that he is not actively claiming mean he is not entitled, and therefore he could be her partner on her IS claim? Or does the fact that he has theoretical entitlement to ESA mean that she can no longer claim IS? If they had to continue his ESA claim they would have less entitlement because he has not been placed in a group yet than if they went on her IS claim, so I would want to avoid that happening.

How would others interpret this then, what is the best thing to do? What will JCP likely do with this information?

Thanks for your help

His entitlement to IR/ESA will cease as he is not entitled if his partner receives IS.  So, there should be no reason why when that happens he just moves onto her IS claim.  He should also claim CA straight away to get his NI credits.  For the sake of completeness, receipt of DLA by itself is not a route of entitlement to IS.

Thanks for your replies nevip and Tony.

Tony - My thoughts were that once Client A has Carer’s Allowance, he should put in a claim himself for Income Support so he becomes the primary claimant, as it is that which would remove the need for Client B to finish the WCA process. But are you suggesting it would be better if she did continue that so that she can continue to get the NI credits? How would we ensure that continued by him claiming Income Support?

I calculate that even in the Support Group she would be worse off under ESA so transitional protection will apply, which will be fine until April 2015, after which point she would be gradually worse off by being the Income Support claimant which is why I thought Client A claiming Income Support would be best long term.

You have said that Client A should report the change rather than close. What would be the best way of going about this to ensure it is Client B’s Income Support that takes precedence? That was why I thought of getting him to close his claim, so that as the only open income-based claim, Client B’s Income Support had to take precedence.

Can’t add to that.

I think I was envisaging them notifying by telephone and hadn’t considered doing it by letter but now you say that it seems obvious to do it that way!

I think I will draft a letter for him next week to the effect of your suggestions.

Thanks very much both of you.