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Thread: ESA CB/IR change of circumstances query

  1. #1
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    ESA CB/IR change of circumstances query

    I receive legacy contribution based ESA in the support group and enhanced disability premium of income related ESA.
    My wife who is my carer is due to start a university course. as a result of change in our circumstances
    1) will this affect my income related ESA based top up ?
    2) will I still be entitled to contribution based ESA ?
    3) will this trigger a universal credit claim ?

    My wife will be entitled to student finance, dependent allowance and parent learners allowance.

    Thanks

  2. #2
    Senior Member nukecad's Avatar
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    It is going to depend on what kind of course your partner is doing, full/part time, and just what her funding is classed as.
    Some student funding is classed as income, some not.
    Student finance and benefits is a specialist area. (And often missunderstood by the DWP themselves).

    Answers to your specific questions:
    1. It may well affect Income Related ESA premiums. Your partners student finance (or part of it) may be regarded as income for benefits purposes.
    2. If it does affect IR ESA you will still be entitled to CB ESA as a single person, but without IR premiums. (or with IR premiums reduced because of partners income).
    3. It shouldn't trigger a UC claim from an ESA standpoint, but may do if Housing Benefit (or Child Tax Credit) is also involved.
      Again that will depend on just how her student finance is regarded for those benefits.


    If your partner is claiming CA then that may also be affected, they could ask how can she be a full time carer if she is at uni?

    TBH as said it is a specialist area and you may be best talking to the student welfare department at the uni who should be more familiar with it.
    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.

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    Quote Originally Posted by nukecad View Post
    It is going to depend on what kind of course your partner is doing, full/part time, and just what her funding is classed as.
    Some student funding is classed as income, some not.
    Student finance and benefits is a specialist area. (And often missunderstood by the DWP themselves).

    Answers to your specific questions:
    1. It shouldn't trigger a UC claim from an ESA standpoint, but may do if Housing Benefit (or Child Tax Credit) is also involved.
      Again that will depend on just how her student finance is regarded for those benefits.

    Thank you for your advice which is straightforward as I will notify the DWP to switch my couples rate IR/CB ESA to single rate Contribution Based due to my wife becoming a full time student as her funding will affect my Income Related ESA top up.
    Please can you again clarify the above quote as we are claiming rent allowance from Housing Benefit and Child Tax Credit however as we continue to remain in our home and we are not moving to another area - from what I understand this should not trigger a universal credit claim.
    Thanks

  4. #4
    Senior Member nukecad's Avatar
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    I wouldn't do anything other than tell the DWP what your partner is going to be doing and what finance she has secured - let them calculate if any IR ESA is still payable or not.

    HB and CTC (not Child Benefit which is a different thing) are also both Income Related benefits.
    If the student finance is enough to stop IR ESA it's probably also going to stop those, although the rules/limits can be diffetent.
    That's because HB is administered by the council not tge DWP, and CTC by the taxman (HMRC) not the DWP.

    And the rules for UC and student finance are different again.
    So UC may be paid where the others wouldnt - or vice-versa.

    Like I say it's a specialist area and you could really do with sitting down with someone who can look at all the paperwork.
    It's too specialised to give more than basic advice on a web forum.
    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
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    Quote Originally Posted by nukecad View Post
    I wouldn't do anything other than tell the DWP what your partner is going to be doing and what finance she has secured - let them calculate if any IR ESA is still payable or not.

    HB and CTC (not Child Benefit which is a different thing) are also both Income Related benefits.
    If the student finance is enough to stop IR ESA it's probably also going to stop those, although the rules/limits can be diffetent.
    That's because HB is administered by the council not tge DWP, and CTC by the taxman (HMRC) not the DWP.

    And the rules for UC and student finance are different again.
    So UC may be paid where the others wouldnt - or vice-versa.

    Like I say it's a specialist area and you could really do with sitting down with someone who can look at all the paperwork.
    It's too specialised to give more than basic advice on a web forum.
    I understand, thank you for your advice much appreciated.

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    Thanks again for your help
    Last edited by sk7777; 21-08-20 at 18:31.

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