Under current rules, people on ESA or UC risk losing some or all of our benefits if we find love and move in with a partner. This means that we have to choose either happiness or financial independence. These unfair rules have discouraged me from looking for love at any point in my life.
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Disabled people on income-related benefits risk being left totally dependent on their partner if they move in together. This is because, when joint income is taken into account, their partner's earnings or savings often exceed the limits for eligibility for income-related benefits
This rule applies even if the disabled person in the relationship cannot and won't ever be able to work, meaning that they have no choice other than to hope their partner's income is enough for them both to live on.
Friday 29th September 2023
Disabled people are entitled to Income-related Employment and Support Allowance or Universal Credit if they meet conditions of entitlement depending on their income and capital of their household.
Income-related Employment and Support Allowance (ESA (IR)) and Universal Credit (UC) are means-tested welfare support. It is longstanding policy that income-related benefits treat all couples as a single household unit when assessing benefit entitlement. Where claimants have income available to meet their household's everyday living costs, such as through a partner's earnings or savings, their entitlement to benefit is adjusted accordingly. The department has no plans to amend the rules regarding the treatment of household income and capital in UC and ESA (IR).
Individuals, where eligible, may be able to claim contributory ESA (ESA C). ESA C (now known as New Style ESA) is based on an individual’s national insurance contributions and is not means-tested and a partner’s income and earnings are not taken into consideration.
The Government understands disabled people may face additional, disability-related costs, which is why income provided to meet those costs through extra costs disability benefits, such as Personal Independence Payment and Disability Living Allowance, are not taken into account when determining entitlement to benefits.
Extra-costs disability benefits are not means-tested and are payable in and out of work, or in training. They are individual benefits and are not affected by household status or finances, and are paid in addition to other benefits such as ESA and UC. These extra-cost benefits are also passports to additional support such as the Blue Badge scheme, Motability, and Carer’s Allowance for a carer.
In addition, households receiving severe disability benefits and/or entitled to carer benefits are exempt from the benefit cap, to ensure the most vulnerable are supported.
Eligibility for ESA (IR) and UC is dependent on satisfying the basic conditions of entitlement and those relating to their financial position. Both benefits take into account the income and capital of the claimant and their partner, or a new partner if the claimant does not need to make a new claim. UC is replacing ESA (IR), but the principle of assessing members of a couple in this way will remain.
People with substantial savings or other capital should draw on these resources before looking to the taxpayer for support, particularly as many taxpayers themselves have savings below these limits. UC operates in a similar way to the benefits it is replacing; this is a longstanding principle within income-related benefits, such as Income Support and income-based Jobseeker’s Allowance.
UC is not paid to claimants who have sufficient income available from other sources to support themselves. The general principle is that income, other than earnings, which is provided to meet everyday living costs, is fully taken into account in the calculation of UC.
Department for Work and Pensions
This is a revised response. The Petitions Committee requested a response which more directly addressed the request of the petition. You can find the original response towards the bottom of the petition page https://petition.parliament.uk/petitions/633298