Adult child needs to apply for ESA – UC shift?

by Readers Question

9:45 AM, 23rd June 2020
About 2 weeks ago

Adult child needs to apply for ESA – UC shift?

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Adult child needs to apply for ESA – UC shift?

Single mum with 4 kids has been in one of my houses for a number of years and in receipt of the 4B HB rate.

She is the carer to eldest child (girl) – the child has been receiving “low rate mobility” + “enhanced rate of personal care” (so the tenant informs me)”. Other kids are 11, 14 and 16 (16 year old due to go to college Sept 2021)

Eldest has just turned 20 and been advised by the council to apply for Employment and Support Allowance (ESA) in her own right and do this via a UC application.

My questions are:

(1) does the claim for ESA need to be via UC

(2) does claimant (mum) herself now need to shift to UC. If not, then will the independent ESA claim by her daughter result in a reduction of the HB claim

Appreciate ant help

Raj



Comments

Bill irvine

11:58 AM, 23rd June 2020
About 2 weeks ago

Hi Raj

It appears from what you've said, the young lady (20) qualifies for Personal Independence Payment (PIP) and has, most probably, always been incapable of work, so has never paid national insurance. Consequently, it's unlikely she'll qualify for ESA (contribution based). More likely, she'll claim Universal Credit but due to her limited capability for work will be excused from having to make a "claimant commitment"and will probably fall into what is referred to as the ESA "support group" attracting a higher rate of UC.

Her mother doesn't need to claim Universal Credit as this "change in circumstances" relates purely to the daughter. And, as the daughter is only 20, receiving PIP and UC, there should be no Non-dependent deduction made. If it has already been applied incorrectly, simply ask the Council to revise its mistake.

Bill

Pete England - PaTMa Property Management

8:47 AM, 28th June 2020
About 2 weeks ago

We believe the answer is Yes, but get the tenant to contact citizen advice to do a benefits check before they do a UC claim. Once the process is started they is no way back.


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