Separating on ESA

[MovingOn13]

Hi Everyone
just looking for some advice.
I’ve been married to DH for 3 years, together 5.
We are both on ESA due to illness.
I get IR ESA, which he’s named on and he gets CB ESA.

We have decided to separate because it’s just not working. I’ve done a few benefit calculations and it seems like the amounts we receive wouldn’t really change but he’ll likely need to stay here while sorting a house out

So I’m unclear if we should separate our finances now, or when he moves out?

Secondly, we would likely be seeking a no fault divorce after two years separation. Is there any issue with us living separately but still legally being married where the benefits are concerned?

Thanks

As the IR ESA claim is yours he can drop off it as a change of circs. It's not a trigger for you to move to UC - though you may be better off depending on your circumstances*.

Is your home rented and if so are you getting Housing Benefit (HB).

If you are under the same roof and can satisfy DWP your lives are completely separate you can change to 2* single claims now.

If he's on old fashioned CB ESA then (IIRC) he can add the income related elements but again, as a single claimant he might be better off on UC*. If he moves and pays rent then, unless he's already getting and stays in the same LA he'll need to claim UC for help with rent.

Married but living apart is not an issue for benefits. God knows how many out there remain married because it'll cost loads for the divorce.

• If you're in the Support Group in ESA then you'll get a bit more under UC as the corresponding element (LCFWRA) is worth more than the Support Addition + EDP in ESA. However if either of you get PIP (DL) and, post split, 'live alone' then it may be more involved - come back if that's the case.

@Bromptotoo Thsnks so much for your reply.

I have been on IR ESA since it was switched from incapacity benefit in 2013. I’m in the support group and get the severe disability premium.
i am also in receipt of PIP (enhanced for both)
and her housing benefit,

My husband receives the same level of pip as I do.
he was on IR ESA, support group until we married

At which point he was added to my IR claim, but began receiving CB ESA in his own right, and we now get the couples rate of the SDP.

My ESA amount never changed because they basically added his personal amount on, then minuses it off because of his CB amount.

He would likely be here until he could get rehoused as we have 2 bedrooms, but would stay in the same LA once rehoused.I hope that clarifies things.

As you're on the SDP there's no advantage in migrating to Universal Credit now; you're part of the group who should hang on until you have to move!!