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Migration to UC From ESA - Do We claim UC or ESA

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1 week 1 day ago #309372 by Dizzyskates
Hi

I am my adult sons (now aged 24) DWP representative, he has been on old style Income related ESA since March 2017 and is in the support group. we received his migration letter and we have to make his UC claim by 12/10/25, , he is also receiving carers allowance for his sister who also lives with us and who he helps care for and has been since 2020. He has also decided that he and his partner want to move in together so his partner will be moving in at the beginning of October to live with us His partner works full time as in 40 hours per week (has just started there job at the beginning of September and earns approx 26K a year net. They do not want to have a joint bank account and my son does not want to rely on them for money. They do not pay us any rent as live in part of our house.

We obviously need to now make a joint claim for UC but do we need to make a separate claim for new style ESA, as from what I understand it he won't qualify for UC due to his partners income but will qualify for new style ESA - it that correct? Also will his carers allowance be included in his new ESA claim or UC claim.

Many thanks for your help and advise as I am not sure what we have to do and if we make the claim for UC will they automatically tell us we need to make the claim for new style ESA,

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1 week 1 day ago #309385 by latetrain
Replied by latetrain on topic Migration to UC From ESA - Do We claim UC or ESA
Hi Dizzyskates

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

From your post we do not have enough information to give you a definitive answer.

To apply for NS ESA

You must have:

1. In one of the two relevant tax years, paid Class 1 contributions (and worked at least 26 weeks in one of these years), or paid Class 2 contributions, at least 26 times the lower earnings limit and

2. During both the relevant tax years, paid or been credited with Class 1 or 2 contributions at least 50 times the lower earnings limit.

Relevant Tax Years: the relevant years are the last 2 complete tax years (6 April - 5 April) before the current benefit year.

Benefit Year: runs from the first Sunday in January

You need to seek specialist advice from your local Welfare Rights Organisation: advicelocal.uk where they can take all your circumstances into consideration when giving you advice.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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