Benefits

Hello everyone... I'd be very grateful for your help.
I sponsored my husband and he came over on the 2nd of December.
We are not going to start to live together until January so he is staying with my brother at the moment. Now, my question was.... I am on employment and support allowance and P.I.P.
I don't understand when to inform the DWP of my husbands arrival. I thought of informing them when we start to live together... What would you guys advise? Thank you.

Hello everyone... I'd be very grateful for your help.
I sponsored my husband and he came over on the 2nd of December.
We are not going to start to live together until January so he is staying with my brother at the moment. Now, my question was.... I am on employment and support allowance and P.I.P.
I don't understand when to inform the DWP of my husbands arrival. I thought of informing them when we start to live together... What would you guys advise? Thank you.

Phone the DWP and tell them what you have said here. They will be able to give you the correct information to ensure that you follow their guidelines for a partner/spouse.

Or you can call the ESA helpline to ask when you should report this change.
ESA helpline
Telephone: 0800 169 0310

Phone the DWP and tell them what you have said here. They will be able to give you the correct information to ensure that you follow their guidelines for a partner/spouse.

Or you can call the ESA helpline to ask when you should report this change.
ESA helpline
Telephone: 0800 169 0310

Thank you for your help.
He doesn't earn anything at the moment anyway so I don't think it would make a difference.. I will ring them and find out.

Another thing i wanted to ask is what free nhs treatment is my husband entitled to? Just GP?

Thanks a ton.

Another thing i wanted to ask is what free nhs treatment is my husband entitled to? Just GP?

Thanks a ton.

If he has a 33 month spouse visa, then he would have paid the IHS (Iimmigratioin Health Surcharge) of £600 before UKVI issued his visa. While he has a valid visa, that IHS allows him to use the NHS bill free, for the same free treatment that a resident Brit can have, but not bill free IVF.

https://www.gov.uk/healthcare-immigration-application

When you can start to use the NHS

You can start using the National Health Service (NHS) when both:

    you’ve paid the healthcare surcharge (or are exempt from paying it)
    your visa or immigration application is granted

You’ll still need to pay for certain types of services, such as prescriptions, dental treatment and eye tests.

You should bring your biometric residence permit with you when you access healthcare in the UK.

I just had another question...

Will staying on ESA affect future applications or is it best to come off ESA?

I'm really confused because I don't want to do anything that puts our future applications at risk of being rejected.

Thanks.

I just had another question...

Will staying on ESA affect future applications or is it best to come off ESA?

I'm really confused because I don't want to do anything that puts our future applications at risk of being rejected.

Thanks.

I'm not sure what you mean? If you are allowed UK benefits then you can claim them, but you must not take extra benefits (public funds) for your husband as that would be a breach of his visa conditions. i.e. the couple rate for ESA; the couple rate for Housing Benefit instead of the single room rate (if you are under age 35); continue to claim single person Council Tax etc.

It could be that you being married or your husband now being in the UK on a spouse visa, would end your ESA claim  if it is an income based ESA claim and your medical placed/places you in the WRAG (getting ready to return to work group).

Re your opening question, when you said your husband is now in the UK but not in your home and asking when to tell the various benefits offices: the UK uses data matching now and that includes UKVI sharing with the benefits offices. You need to tell the ESA office (and the same with all the different benefits you are claiming) that you are married and your husband is in the UK now, before they tell you.

I'm not sure what you mean? If you are allowed UK benefits then you can claim them, but you must not take extra benefits (public funds) for your husband as that would be a breach of his visa conditions. i.e. the couple rate for ESA; the couple rate for Housing Benefit instead of the single room rate (if you are under age 35); continue to claim single person Council Tax etc.

It could be that you hubsand now being in the UK on a spouse visa, would end your ESA claim  if it is an income based ESA claim and your medical places you in the WRAG (getting ready to return to work group).

I assume this is about your opening question, when you said he is not living with you and when to tell the DWP (the benefits office)? The UK use data matching now and that includes UKVI sharing with the benefits offices. You need to tell the ESA office (and the same with all the different benefits you are claiming) that you are married and your husband is in the UK now, before they tell you.

Ive told them that my husband has moved in with me. My question now is; I receive IR ESA... will this stop if my husband starts to work? Thanks

Ive told them that my husband has moved in with me. My question now is; I receive IR ESA... will this stop if my husband starts to work? Thanks

Yes, of course your husband's income will form part of any income based benefits claim that you are making. Income based benefits are for those on low income and your partner's salary will now be part of your income. It will be the same for all the low income based benefits you claiming. You now have a partner and he is expected to help keep you.

As said, I think there might be an exception if your ESA medical/s doesn't place you in the WRAG. I'm not sure but the ESA office staff will know.

As you cannot ask for more benefit money to keep him as that will be a breach of his visa, he will need to work anyway to keep himself. His salary will then be used to work out your income based benefits claim.

If you are in a full service area now for Universal Credit, your ESA claim and any other income based benefits you claim, will likely mean you are now moved onto UC. 

Under the Welfare Rerform Acts, Universal Credit is replacing the income based benefits called: Child Tax Credits; Housing Benefit; ESA; JSA; Working Tax Credits and Income Support. If it is the claimant who triggers the move to UC as their circumstances have changed, then there is no transitional protection.

Very few claimants will end up with transitional protection when they go onto UC. i.e. If you are in the ESA WRAG (expected to get ready to return to work/look for work/go to the work providers etc) you would now only only be given the same money as the JSA weekly amount, even if your husband still isn't working.

Yes, of course your husband's income will form part of any income based benefits claim that you are making. Income based benefits are for those on low income and your partner's salary will now be part of your income. It will be the same for all the low income based benefits you claiming. You now have a partner and he is expected to help keep you.

As said, I think there might be an exception if your ESA medical/s doesn't place you in the WRAG. I'm not sure but the ESA office staff will know.

As you cannot ask for more benefit money to keep him as that will be a breach of his visa, he will need to work anyway to keep himself. His salary will then be used to work out your income based benefits claim.

If you are in a full service area now for Universal Credit, your ESA claim and any other income based benefits you claim, will likely mean you are now moved onto UC. 

Under the Welfare Rerform Acts, Universal Credit is replacing the income based benefits called: Child Tax Credits; Housing Benefit; ESA; JSA; Working Tax Credits and Income Support. If it is the claimant who triggers the move to UC as their circumstances have changed, then there is no transitional protection.

Very few claimants will end up with transitional protection when they go onto UC. i.e. If you are in the ESA WRAG (expected to get ready to return to work/look for work/go to the work providers etc) you would now only only be given the same money as the JSA weekly amount, even if your husband still isn't working.

I am in the support group. I have told them of the change and they asked if my husband is working. Hes not at the moment so that means i carry on getting the same amount i got before he entered? I applied using adequate maintenance so I did prove that I have enough money to support us both so will it matter if he finds work or no?

Also I havent informed P.I.P of my husbands arrival because i didnt think it was necessary as i get P.I.P because of my illness. Am i right?

So thankful for your help.

I am in the support group. I have told them of the change and they asked if my husband is working. Hes not at the moment so that means i carry on getting the same amount i got before he entered?

I don't know. You need to ask the ESA staff on the number I gave above.

I applied using adequate maintenance so I did prove that I have enough money to support us both so will it matter if he finds work or no?

He doesn't have to work on a spouse visa, but you can't claim extra benefits for him. However, the money is given to help you with your illness, so he shouldn't be living off that money.

Also I havent informed P.I.P of my husbands arrival because i didnt think it was necessary as i get P.I.P because of my illness. Am i right?

PIP is an in work benefit for those who are disabled and isn't income based. i.e. you could work and still get PIP if you continue to meet the requirment for that benefit.

From the PIP webpage:

 5. Change of circumstances

You must contact the PIP enquiry line if:

    your personal details change, for example your name, address or doctor
    the help you need or your condition changes
    you go into hospital or a care home
    you go abroad
    you’re imprisoned or held in detention

You could be taken to court or have to pay a penalty if you give wrong information or don’t report a change in your circumstances.

PIP enquiry line
Telephone: 0800 121 4433
https://www.gov.uk/pip/change-of-circumstances

You can always phone and check with that office.