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COUPLES SEPARATING AND ESA
- Jayne
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11 years 10 months ago - 11 years 10 months ago #108721 by Jayne
COUPLES SEPARATING AND ESA was created by Jayne
Dear Benefits and Work
My husband and I are separating. We live in rented accommodation, but the contract is due to end shortly and we will have to move out. I am purchasing my own home, but my husband will be moving in with a friend. I am assuming, as he has no income, he will be entitled to ESA(IR) and if he is receiving ESA(IR) he will be eligible for Housing Benefit as he will need to find his own home (can't stay with friends and family forever).
My question is, I will be living in my own (mortgaged) home, and I have some savings too. Will the DSS take my savings into account when deciding his case, even though we are separated. I would hope they dont, as I have saved hard for years and there was no contribution made by my husband.
My husband and I are separating. We live in rented accommodation, but the contract is due to end shortly and we will have to move out. I am purchasing my own home, but my husband will be moving in with a friend. I am assuming, as he has no income, he will be entitled to ESA(IR) and if he is receiving ESA(IR) he will be eligible for Housing Benefit as he will need to find his own home (can't stay with friends and family forever).
My question is, I will be living in my own (mortgaged) home, and I have some savings too. Will the DSS take my savings into account when deciding his case, even though we are separated. I would hope they dont, as I have saved hard for years and there was no contribution made by my husband.
Last edit: 11 years 10 months ago by Gordon.
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- Gordon
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11 years 10 months ago - 11 years 10 months ago #108725 by Gordon
As previously advised, he should get face to face advice, I do not think that you can assume that he will be eligible for ESA(IR) just because he has no income and he needs to understand what his financial position will be. For there to be eligibility for ESA(IR) the amount of ESA(IR) payable must be more than the current ESA(CB) payment, for a single person in the WRAG, it is possible that the ESA(IR) will equal the ESA(CB) and therefore there will be no eligibility.
Providing that the DSS are satisfied that you are separated, then your income, savings, and any hours that you work will not count against his benefit.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic COUPLES SEPARATING AND ESA
Jayne wrote: Dear Benefits and Work
My husband and I are separating. We live in rented accommodation, but the contract is due to end shortly and we will have to move out. I am purchasing my own home, but my husband will be moving in with a friend. I am assuming, as he has no income, he will be entitled to ESA(IR) and if he is receiving ESA(IR) he will be eligible for Housing Benefit as he will need to find his own home (can't stay with friends and family forever).
My question is, I will be living in my own (mortgaged) home, and I have some savings too. Will the DSS take my savings into account when deciding his case, even though we are separated. I would hope they dont, as I have saved hard for years and there was no contribution made by my husband.
As previously advised, he should get face to face advice, I do not think that you can assume that he will be eligible for ESA(IR) just because he has no income and he needs to understand what his financial position will be. For there to be eligibility for ESA(IR) the amount of ESA(IR) payable must be more than the current ESA(CB) payment, for a single person in the WRAG, it is possible that the ESA(IR) will equal the ESA(CB) and therefore there will be no eligibility.
Providing that the DSS are satisfied that you are separated, then your income, savings, and any hours that you work will not count against his benefit.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.
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- Jayne
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11 years 10 months ago - 11 years 10 months ago #108958 by Jayne
Replied by Jayne on topic COUPLES SEPARATING AND ESA
Thanks Gordon. Went to the CAB a couple of weeks ago, but unfortunately they were not very knowledgeable and told us to go to the dreaded Job Centre Plus office.
Regards
Jayne
Regards
Jayne
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago #108961 by Gordon
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic COUPLES SEPARATING AND ESA
Jayne wrote: Thanks Gordon. Went to the CAB a couple of weeks ago, but unfortunately they were not very knowledgeable and told us to go to the dreaded Job Centre Plus office.
Regards
Jayne
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jayne
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11 years 10 months ago - 11 years 10 months ago #108974 by Jayne
Replied by Jayne on topic COUPLES SEPARATING AND ESA
Hi Gordon
Yes to the JobCetnre Plus for advice. Is this not right?
Yes to the JobCetnre Plus for advice. Is this not right?
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago #108978 by Gordon
The link I posted explains where to find advice, other than the CAB, it may be that due to your location there is none available, but there may be trained advisors in your area who can look at your husbands claim and tell your definitely whether he will be eligible for ESA(IR).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic COUPLES SEPARATING AND ESA
Jayne wrote: Hi Gordon
Yes to the JobCetnre Plus for advice. Is this not right?
The link I posted explains where to find advice, other than the CAB, it may be that due to your location there is none available, but there may be trained advisors in your area who can look at your husbands claim and tell your definitely whether he will be eligible for ESA(IR).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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