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Top Housing Benefit & Council Tax Benefit topic #7326

Subject: "ESA and HB - when to swap claimants" First topic | Last topic
Al Franco
                              

Head of Welfare Rights, Tameside Metropolitan Borough Council
Member since
28th Feb 2006

ESA and HB - when to swap claimants
Thu 16-Oct-08 08:44 AM

I'm grateful to Darren Broughton, a contributor to the HBinfo discussion forum, for permission to post the following 14 scenarios that he’s devised where the issue of swapping claimants for HB purposes needs to be considered.

ESA Scenarios where working-age couples should be advised to swap roles

1. Age = Not Relevant
Claimant Status = ESA Assessment Phase
Partner Status = Non ESA
Other = Qualifying conditions for Disability Premium are met
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the payment of the couple rate DP

2. Age = Both under 18
Claimant Status = Non ESA
Partner Status = ESA Main Phase with Work Component
Other = None
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the increased personal allowance of £94.95

3. Age = Both under 18
Claimant Status = Non ESA
Partner Status = ESA Main Phase with Work Component
Other = Qualifying conditions for Disability Premium are met
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the increased personal allowance of £94.95 (although the DP will no longer be payable, the increased personal allowance + the Work Component are higher than the DP)

4. Age = Both under 18
Claimant Status = ESA Assessment Phase
Partner Status = ESA Main Phase with Work Component
Other = None
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the increased personal allowance of £94.95

5. Age = Both under 18
Claimant Status = ESA Main Phase with Work Component
Partner Status = ESA Main Phase with Support Component
Other = None
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the higher support component (and EDP) to be paid.

6. Age = Both under 18
Claimant Status = Non ESA
Partner Status = ESA Main Phase with Support Component
Other = None
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the increased personal allowance of £94.95 and the EDP to be paid.

7. Age = Both under 18
Claimant Status = Non ESA
Partner Status = ESA Main Phase with Support Component
Other = Qualifying conditions for Disability Premium are met
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the increased personal allowance of £94.95 and the EDP to be paid.

8. Age = Both under 18
Claimant Status = ESA Assessment Phase
Partner Status = ESA Main Phase with Support Component
Other = None
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the increased personal allowance of £94.95 and the EDP to be paid.

9. Age = At least one over 18
Claimant Status = ESA Main Phase with Work Component
Partner Status = Non ESA
Other = Qualifying conditions for Disability Premium are met
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the payment of the couple rate DP

10. Age = At least one over 18
Claimant Status = ESA Main Phase with Work Component
Partner Status = ESA Main Phase with Support Component
Other = None
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the higher support component (and EDP) to be paid.

11. Age = At least one over 18
Claimant Status = Non ESA
Partner Status = ESA Main Phase with Support Component
Other = None
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the EDP to be paid.

12. Age = At least one over 18
Claimant Status = Non ESA
Partner Status = ESA Main Phase with Support Component
Other = Qualifying conditions for Disability Premium (but not EDP) are met
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the EDP to be paid.

13. Age = At least one over 18
Claimant Status = ESA Assessment Phase
Partner Status = ESA Main Phase with Support Component
Other = None
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the EDP to be paid.

14. Age = At least one over 18
Claimant Status = ESA Main Phase with Support Component
Partner Status = Non ESA
Other = Qualifying conditions for Disability Premium and Enhanced Disability Premium are met
Action = Advise they swap roles so that the partner becomes the claimant. This will allow the payment of the couple rate DP.

  

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Replies to this topic

AndyRichards
                              

Senior Training Officer, Brighton and Hove City Council, Brighton
Member since
26th Jan 2004

RE: ESA and HB - when to swap claimants
Thu 16-Oct-08 11:48 AM

So....how is the DWP Benefit Simplification Project coming along....?

  

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Top Housing Benefit & Council Tax Benefit topic #7326First topic | Last topic