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3 weeks 2 days ago #296064 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Hi Lynz,
I need to know if you have yourself, rather than your husband ever made a claim to ESA either Conts or Income Based?
Also you say that your husband is the main ESA claimant. Has this always been the case?
The letter from HB doesn't mention that if the younger partner made the claim then you don't have to claim UC when the older partner becomes a pensioner.
David
I need to know if you have yourself, rather than your husband ever made a claim to ESA either Conts or Income Based?
Also you say that your husband is the main ESA claimant. Has this always been the case?
The letter from HB doesn't mention that if the younger partner made the claim then you don't have to claim UC when the older partner becomes a pensioner.
David
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3 weeks 2 days ago #296066 by Lynz
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Hi David
I have never made a claim for ESA, my husband has always been the main claimant so presumambly this means I will have to make a claim for UC and potentially lose all the 'extras' we have as part of our claim now for ESA, even though the only change to our circumstances is my husband will be claiming his pension in November , when he reaches 66. That is the only change to our circumstances.
Lynz
I have never made a claim for ESA, my husband has always been the main claimant so presumambly this means I will have to make a claim for UC and potentially lose all the 'extras' we have as part of our claim now for ESA, even though the only change to our circumstances is my husband will be claiming his pension in November , when he reaches 66. That is the only change to our circumstances.
Lynz
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3 weeks 2 days ago #296068 by David
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Hi Lynz,
I am waiting for confirmation that due to the elder partner being the main claimant and the younger not having claimed Conts ESA in the past that you would have to claim UC.
David
I am waiting for confirmation that due to the elder partner being the main claimant and the younger not having claimed Conts ESA in the past that you would have to claim UC.
David
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3 weeks 2 days ago #296072 by Lynz
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Hi David
Thanks for letting me know, fingers crossed they will get back to you soon.
Lynz
Thanks for letting me know, fingers crossed they will get back to you soon.
Lynz
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3 weeks 1 day ago #296121 by Lynz
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Hi David
Sorry to bother you but I wondered if you had any update ?
Lynz
Sorry to bother you but I wondered if you had any update ?
Lynz
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3 weeks 1 day ago #296124 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Hi Lynz,
I haven't had a definitive reply from my colleagues. But I think in your case you and your husband will be caught out by what is called UC Natural Migration. If you had been the main ESA claimant or had claimed Conts based ESA previously then the exemption would have applied.
Professionally speaking you are advised to get a second opinion by a local Advice worker who can examine all the paperwork and check that there isn't an easement that will apply to you. I have been forwarded a 15 page guide on the Migration of Mixed Aged Couples that I can share with you if you want to examine the issue in depth.
David
I haven't had a definitive reply from my colleagues. But I think in your case you and your husband will be caught out by what is called UC Natural Migration. If you had been the main ESA claimant or had claimed Conts based ESA previously then the exemption would have applied.
Professionally speaking you are advised to get a second opinion by a local Advice worker who can examine all the paperwork and check that there isn't an easement that will apply to you. I have been forwarded a 15 page guide on the Migration of Mixed Aged Couples that I can share with you if you want to examine the issue in depth.
David
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