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Thread: ESA advice, partner had operation

  1. #1

    ESA advice, partner had operation

    Hello all,

    I've registered today as was brought here by Google after searching for an answer for a situation with ESA.

    Currently, myself and my partner claim ESA, sort of. I'm in the support group and due to her earnings am only entitled to £39.90 per week. My last issued for me was for 6 months.

    However, the complicated bit is, my partner recently had her Gallbladder removed and has been giving in sick notes to work, although she isn't entitled to SSP due to not earning enough per week to qualify, and I know you can only claim one or the other anyway.

    Should I send the sick notes she been sending to her employer so she isn't put on the rota per say, to the Benefits office so that we can claim the shortfall or will it complicate matters and they'll end up assessing the claim again and we may end up entitled to nothing?

    I'm not really up to speed with all this benefit stuff. Maybe question my actually be simple and I'm just complicating matters but it took me a year and a half to get the ESA I currently receive rather than just paying my stamp.

    Anyway, thanks in advance for any advice or guidance given.

  2. #2
    Senior Member
    Join Date
    Dec 2012
    Posts
    2,782
    Your situation looks very complex to me and there isn't enough information given to make any sense of it, as it's so complicated that's understandable.
    In short, I think you would be best advised to contact a qualified benefit adviser like your local CAB or similar, or if either one of you are 50 or over you could contact AGE UK: and ask for a 'Full Benefits Check'. A qualified adviser can go through all your circumstances with you both and help you get your full entitlement.
    This is the best way forward for anyone to be able to advise you in anyway properly.

    All the best

  3. #3
    Senior Member
    Join Date
    Dec 2013
    Posts
    3,512
    You should let the office dealing with your Income Related ESA know about the drop in your partner's income (to zero?), as you should be entitled to payment of that benefit without any deduction for income that she is not currently earning. You cannot get any increase in Income Related ESA if both partners in a joint claim have Limited Capacity for Work.

    Your partner might be entitled to Contributions Based ESA, though it might well be that she is not earning enough to qualify. If she is entitled to Contributions Based ESA, it will be deducted from your Income Related ESA as income. This might leave you with no Income Related ESA, potentially leaving you worse off. You should follow Jard's advice to take advice from a local advice provider before your partner makes an ESA claim.

    As Jard says, it is impossible to give detailed advice in a forum context, so it is well worth contacting a local advice provider for help.

  4. #4
    Thanks for the replies. Yes I understand it is very complex and complicated. I will get in touch with my local CAB and see where I stand.

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