ESA claim with "Disability Premium" on couple's rate - partner has NRPF

Hello,

Bit of background. I'm British with a Pakistani wife who's been living with me since December 2018 and is currently on the 5 year route to settlement. She has NRPF. Since she started living with me the DWP put me on the basic rate of ESA (I'm in the support group and I also get PIP higher rate care and mobility) with no premiums.

I had a call on Saturday from the DWP regarding my ESA claim as I had informed them it had not been uprated in April 2022 so I was receiving slightly less than I should have been. Unfortunately the person from the DWP had looked at my claim and decided I was also due the disability premium at the couples rate and backdated arrears to 2018! I told her my wife is NRPF and the original decision took this into account but she was adamant that I should have been getting this premium.

I'm worried sick as I don't want to jeopardize my wife's upcoming ILR application - please can someone advise what to do.

Are you on the old Income Based ESA (which is being replaced by Universal Credit)?

Does your wife work?

I believe that's what it is. I did think because it was the basic rate that I'd been shifted over to New Style ESA (contribution based) but the person who rang said it was income related ESA. My wife isn't in paid employment.

lokum786 wrote: ↑

Tue Jan 10, 2023 4:55 pm

I believe that's what it is. I did think because it was the basic rate that I'd been shifted over to New Style ESA (contribution based) but the person who rang said it was income related ESA. My wife isn't in paid employment.

Income related welfare benefits are Public Funds. Contact Citizens Advice and ask to speak/see somebody who is paid by Citizens Advice; rather than a volunteer; and ask them. Or you could contact an immigration advisor.

Write to the DWP and reference what you said in their phone call: that your wife is Subject to Immigration Control and is No Recourse to Public Funds. Send the letter recorded delivery so that you have proof they received the letter. Keep a copy of your letter and the proof the DWP received it.

The applicable amount for IR-ESA, where the partner is a PSIC, is comprised of:

1. the claimant’s personal allowance (but not the partner) and
2. any appropriate premium for the claimant and
3. either the work related activity component or the support component and
4. housing costs.

There is no modification of the premiums where the claimant’s partner is a PSIC therefore if the claimant qualifies for a premium it could be paid at the couple rate. ESA Regs, Sch 5, para 10(a). Therefore, it is correct that the couple rate enhanced disability premium can be paid.

Income based ESA has now been replaced by Universal Credit which has different rules. We don't know if he is on the the disability and health condition elelement of Universal Credit (plus other eleements of UC) as he seem to think he is CB ESA (replaced by New Style ESA). OP should be looking at his benefit letters to give the correct benefit/s he is claiming.

Income Related ESA claimants will not be migrated to UC until 2028 (unless also getting tax credits then it will be earlier). No new claims for income related ESA can be made, it would be UC, but that certainly isn’t the same as an existing legacy claimant as in this case, which you can tell because they refer to a premium - there are no premiums on UC.