Marriage / Jobcentre help

[puppycas]

My husband and I married 5 years ago. We split up and continued to live apart. I didn't declare my marriage to the Jobcentre because I don't know much about benefits and the rules so I figured to stay quiet because I feared they would expect me to move in with him which at the time I didn't want as we parted ways.

Now are back together with a 12 day old newborn baby and want to live together officially. At the moment I am on ESA and he works full time (38 hours per week, £10 an hour) so no benefits. I assume my ESA will be taken away from me. I don't know what or if we are entitled to anything when we officially move in together within the next few days.

On Monday I intend on calling the Jobcentre and letting them know everything but I've got concerns about telling them I am married and have been for 5 years .. I kept using my own surname and not my married surname for the reasons above. Will they have a problem with this? I mean .. we lived apart so therefore there isn't any benefit fraud on either side.

Any advice would be greatly appreciated. Thank you

Well to be honest they may suspect you've been together a while if you have a baby together. I guess you may need to prove that he lived elsewhere and paid bills elsewhere until now. If your ESA is income related ESA then yes it will stop due to his earnings. If you are also entitled to contributions based ESA then that may continue, it will depend how long you have been claiming it and whether you are in the support group.
Going forwards as a couple you may be able to claim Universal credit, it will depend on your ages, any rent you pay, his earnings etc. If you are in the support group of ESA then that would give you the LCWRA element on Universal credit which would give you extra money on the claim.

There is a chance you will be prosecuted for benefit fraud if you kept your marriage a secret and continued to claim as a single person.

You may have lived apart OP but I really don't think that matters...and clearly at some point 9ish months ago you were not "apart" so I wouldn't be surprised if this causes problems tbh.

@kittykat35

You may have lived apart OP but I really don't think that matters...and clearly at some point 9ish months ago you were not "apart" so I wouldn't be surprised if this causes problems tbh.

It does matter. If he can prove that he lived elsewhere, paid rent and bills elsewhere then it should be ok but yes it will look suspicious. However many people remain married and are split up and live separately so that is not the issue. The issue is that they have clearly been in a relationship for some time as they have a baby together and so questions are likely to be asked maybe.

Did you ever live together? When did you start claiming ESA? Before you were married, after marriage or after you seperated? did you fall pregnant when you were still together before separation?
Are you claiming any other benefits?

Why did you never move in together?

I think they'd be rightly suspicious

At the end of the day it’s not us you have to convince is it?

Hmm, that old chestnut. Couples living apart to maximise a benefit claim.