ESA = Adequate Maintenance?

[confusedcitizen]

Im hoping to get the final answer on this as some people say yes, others say no.

Its not on the list of benefits for those exempt from the financial requirement but New Style ESA is fairly new.

If im in the support group of ESA where I don't have to work would this count towards Adequate Maintenance when extending my wife's spouse visa?

thanks

[ashiqi506]

Hi,

No, only the below benefits are permitted if relying on adequate maintenance.

Disability Living Allowance.
Severe Disablement Allowance.
Industrial Injury Disablement Benefit.
Attendance Allowance.
Carer’s Allowance.
Personal Independence Payment.
Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.

[confusedcitizen]

Hi,

No, only the below benefits are permitted if relying on adequate maintenance.

Disability Living Allowance.
Severe Disablement Allowance.
Industrial Injury Disablement Benefit.
Attendance Allowance.
Carer’s Allowance.
Personal Independence Payment.
Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.

Thanks for the response, but this is the catch 22 part...

Severe Disablement Allowance has been phased out and replaced by ESA. That includes those who were originally on SDA

[ashiqi506]

Below is a link to the Family Migration Appendix FM
This was published in 2021

It will tell you what they count towards adequate maintenance and whats not accepted.

DWP may have replaced the benefit but I guess as for immigration they have not included or updated the accepted benefits

https://assets.publishing.service.gov.u ... dation.pdf

[mavaas11]

Hey OP,

Ashiqi advising is wrong. If you receive one of the qualifying benefits for adequate maintenance i.e. PIP, Carers Allowance etc, You will be required to show you can adequately maintain and accommodate yourself and your family.

Yes you can use ESA, child benefit, not sure about new style, but also you can use universal credit, only if you receive a qualifying benefit for adequate maintenance. See the: Appendix_FM_Section_1.7A_Adequate_maintenance_and_accommodation Sept 2021

document and you will see examples. You can also use housing benefit and savings also. Read the document on calculations carefully. for pip you will need to include disability premiums in calculations and for carers the carers premium, which people leave out.

[mavaas11]

Income
The following sources of income of the applicant (in respect of employment or selfemployment, only if they are in the UK with permission to work) or (as appropriate)
their partner, parent, parent’s partner or other sponsor can be counted where an
application under Appendix FM has to meet the adequate maintenance requirement:
• income from salaried or non-salaried employment
• non-employment income, for example, property rental or dividends from shares.
• income from Working Tax Credit, Child Tax Credit, Child Benefit, incomerelated benefits, contributory benefits and benefits/pensions payable to Armed
Forces veterans and their partner
• cash savings held for at least 6 months prior to the date of application
• state (UK or foreign) or private pension
• income from self-employment and income as a director of a specified limited
company in the UK

Source
Family Migration:
Appendix FM Section 1.7A - Adequate
maintenance and accommodation
7 December 2021
Page 15

[ashiqi506]

Yes Mavaas, is that not what I said? That you have to get one of the exempted benefits to qualify for adequate maintenance, once you get a qualifying benefit then yes ESA, child benefit HB etc can be used towards the calculation.

Hey OP,

Ashiqi advising is wrong. If you receive one of the qualifying benefits for adequate maintenance i.e. PIP, Carers Allowance etc, You will be required to show you can adequately maintain and accommodate yourself and your family.

Yes you can use ESA, child benefit, not sure about new style, but also you can use universal credit, only if you receive a qualifying benefit for adequate maintenance. See the: Appendix_FM_Section_1.7A_Adequate_maintenance_and_accommodation Sept 2021

document and you will see examples. You can also use housing benefit and savings also. Read the document on calculations carefully. for pip you will need to include disability premiums in calculations and for carers the carers premium, which people leave out.

[confusedcitizen]

Hey OP,

Ashiqi advising is wrong. If you receive one of the qualifying benefits for adequate maintenance i.e. PIP, Carers Allowance etc, You will be required to show you can adequately maintain and accommodate yourself and your family.

Yes you can use ESA, child benefit, not sure about new style, but also you can use universal credit, only if you receive a qualifying benefit for adequate maintenance. See the: Appendix_FM_Section_1.7A_Adequate_maintenance_and_accommodation Sept 2021

document and you will see examples. You can also use housing benefit and savings also. Read the document on calculations carefully. for pip you will need to include disability premiums in calculations and for carers the carers premium, which people leave out.

Thanks for the reply. Nowhere in that document does it mention ESA or Universal Credit so can I ask where your getting your info?

thanks

[confusedcitizen]

Income
The following sources of income of the applicant (in respect of employment or selfemployment, only if they are in the UK with permission to work) or (as appropriate)
their partner, parent, parent’s partner or other sponsor can be counted where an
application under Appendix FM has to meet the adequate maintenance requirement:
• income from salaried or non-salaried employment
• non-employment income, for example, property rental or dividends from shares.
• income from Working Tax Credit, Child Tax Credit, Child Benefit, incomerelated benefits, contributory benefits and benefits/pensions payable to Armed
Forces veterans and their partner
• cash savings held for at least 6 months prior to the date of application
• state (UK or foreign) or private pension
• income from self-employment and income as a director of a specified limited
company in the UK

Source
Family Migration:
Appendix FM Section 1.7A - Adequate
maintenance and accommodation
7 December 2021
Page 15

ah I think I understand. ESA would class as an income related benefit?

Would the ESA Support Group class as that?

many thanks

[mavaas11]

Yes, if you get the income related ESA , and you're in the support group its fine.
it will count as long as you get the qualifying benefit as mentioned above.