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Thread: Esa & pip

  1. #1

    Esa & pip

    hi sorry im really new to this forum dont know if am posting in the right place
    my issue is i am on Income based ESA wrag and on enhanced PIP i live in a council property i get full hb and council tax now my husband has come is coming to me on spouse visa no recourse to public funds what i want to ask is what will i lose from my benefits as he will not be working straightaway so he will have no income

  2. #2
    Senior Member nukecad's Avatar
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    Hi tyra,

    I didn't want to leave you with no answer but I'm not sure how much we can help.

    I think that we realy need some more details, and it still may be above our knowledge to give advice about.

    So you are already on ESA and PIP but now your circumstances are changing because your husband is coming to this country to live with you?
    I suppose the first question - is he coming from a EU country or a non-EU country?

    To be honest I think that this is a situation that we don't have much experience of and so our advice will be limited, other than pointing you to organsations that may be able to help.

    Hopefully there is someone here who has some experience and does know about this and can help you.
    Last edited by nukecad; 12-10-2015 at 08:27 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
    If you were on contribution based ESA that would not change but may do once your partner moves in just as your housing benefit may do as well i am not sure if the old mid or high rate care and no change to your HB even if a non dependent moves in with you will / is in force with PIP enhanced . You really need to see a denefits advisor or welfare rights officer pref the latter

  4. #4
    Senior Member nukecad's Avatar
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    I've done a bit of looking and this is what I have found so far.

    This is only my opinion, it has no legal standing, you do need to get advice from someone versed in imigration rules.

    On a spousal visa with 'no recourse to public funds' your husband will not be able to claim benefits.

    This does not affect your rights to claim benefits, but you can only claim what you would get as a single person.

    PIP is entirely your benefit and is not means tested, so should not be affected.

    IR ESA is also your benefit and is not affected by his status, BUT it is affected by the fact that your are living as a couple.
    Although it seems you cannot claim as a couple because he has 'no recourse to public funds', his income will be taken into account when deciding how much IR ESA you can receive, so your ESA payment may reduce or stop.

    HB and CTR is a bit of a grey area and different councils seem to be applying different rules.
    Whilst you should be able to claim these, he should not benefit from this claim.
    This can particulary be a problem if you are living in a 'council house' paid for by HB.
    He may have to pay his share of the rent.
    He cant claim CTR and so will have to pay his Council Tax.
    And again his income will be taken into account, so any payments that you get may reduce or stop.

    I assume that you had some help with the spousal visa application?
    If so that that is probably the best place to go for advice again.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  5. #5
    hi.can anybody please give advise ...my partner as been in wrag for 2 year on 16 off this month...not been able to find a job as illness as got worse..got a letter from barnsley job center for 4th jan sez to discuss support now she as completed wrag ....will she get put in to support group ....thank daz

  6. #6
    Quote Originally Posted by daz1978 View Post
    hi.can anybody please give advise ...my partner as been in wrag for 2 year on 16 off this month...not been able to find a job as illness as got worse..got a letter from barnsley job center for 4th jan sez to discuss support now she as completed wrag ....will she get put in to support group ....thank daz
    Hi

    I can see someone has answered your question on another thread. Please try not to post the same question on more than one thread, otherwise it gets really confusing for people.

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