Legal requirement to tell DWP about your partner when making a claim for ESA

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Hello, 

I was just wondering if I would get done for benefit fraud if I make a claim for ESA and not included my boyfriends information (who I live with). 

Additionally, would I have to tell the DWP if I have money in a trustee account that I cannot get access to?

Thanks

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  • Posted

    Yes you would had to tell them every thing my friend forgot to tell them about a pension he had 40 yrs ago he had totally forgot but now they have stopped his money and doing him for fraud your best telling them
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  • Posted

    When making a claim for any benefits of course you have to tell them the truth. If your partner works and you haven't paid enough national insurance contributions then you wont be entitled to Income related ESA, sorry.

    If you fail to tell them you live with your partner/boyfriend and it's Income related benefits you're claiming then the answer is simple, yes this is called benefit fraud. Those that choose to commit this will evenutally get found out.

    I'm not really sure why you're asking this, or whether it's geniune..............................

     

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  • Posted

    My post is genuine, I live with him and his parents but I do not receive and financial support aside from my PIP.  I have to pay rent to his mum but due to the fact that I cannot work due to disability, this is extremely hard. The reason why I was asking is because I am filling in the claim form now and want to make sure I get everything correct.
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    • Posted

      Does he work? You'll need to put him on the claim form because he's your partner and you live together, regardless of where you live.

      If he works and you haven't paid enough National Insurance contributions then it will affect how much ESA you can claim. If he works more then 24 hours per week then you won't be able to claim Income related ESA. If he works less than 24 hours per week then anything he earns over £20 per week will affect your ESA £1 for £1.

      So, yes you'll need to tell them you're living together.

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    • Posted

      You'll also need to tell them about the money in a trustee account. You need to be 100% truthful when claiming any Income Related benefits.

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    • Posted

      Are you aware of any other benefits I could claim? 

      My parents are unable to support me as one of them is dead and the other is extremely unreliable and never paid for the child benefits my grandparents claimed for as I was living with them. As they can no longer look after me, I have recently moved into my boyfriend's family house with him, his parents, his sister and her boyfriend. I do not get financial support from him or his family (which I wouldn't expect them to anyway), or anyone else aside from my PIP benefits; we are also not engaged.

      I have to pay rent to his parents but due to the fact that I can't work, I have no income, so therefore I cannot pay the rent.  His parents are happy for me to not pay rent until I can get some form of income but I feel that this extremely unfair on them as I have to rely on them to pay for the things I need, transport me to appointments with mental health services and deal with me in general. I understand that one of his parents may be able to get carers allowance for looking after me but I do not feel that would be enough to ensure that they can get by.

      My boyfriend does work but as he is in debt and have many other things that he is required to pay, he is unable to financially support me. He works 24+ hours a week.  Additionally, there is money in my grandparent's trustee account that belongs to me, but as a will stated, I am unable to access it until I am 18. I have never paid tax as I have never worked and I am 17 years old. I have tried to go to job interviews before, but I had to withdraw the applications because of severe mental distress due to extreme anxiety and depression.

      I really don't know what to do, I am extremely grateful that his parents have accepted me as part of their family but I feel a burden as I cannot help at all... 

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    • Posted

      This is a very difficult one. As you live with your partner, it doesn't matter if you lve with him in his parents house you're classed as living together. For this reason he's meant to support you with the money he earns from working.

      As you're only 17 do you go to college? If you go to college then who claims child benefit and tax credits for you? This is the part that confuses me.

      You can't claim any Income Related benefits because you live with your partner that works more than 24 hours.

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    • Posted

      No one claims child tax credits for me now, but my grandparents used to as I used to live with them. I started going to college this week but won't be properly enrolled until next week. One of the support teachers there suggested that I apply for ESA but I don't think I explained to her that he does work 24+.

       

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    • Posted

      As you're not yet 18 and you'll be in full time education then you won't be able to claim ESA, even if you didn't live with your partner. You can't claim it anyway because your partner works 24 hours per week.

      Your partners parents should be able to claim benefits for you because you'll be in full time education. This could be complicated because if you're in a full Universal Credit area then they will have to claim this and not Child benefit/tax credit. Your situation is extremely complicated therefore i would advice your partners parents to ring their local CAB for further advice. Them claiming Child benefit/tax credits for you is complicated, and not something i'm prepared to advice in, sorry.

      One of them can claim Carers Allowance for looking after you but if they work they mustn't earn more than £116 per week after tax. They must also look after you for at least 35 hours per week.

       

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