Benefits and Benefit Premiums (meeting adequate maintenance)

[leislas]

Hello,

My husband was in receipt of ESA, which we were counting on to meet the adequate maintenance requirement. When he phoned the ESA offices to ask for a letter confirming his entitlement, he mentioned he was married now, and they have now stopped his payments.

Will he lose his ESA even if I (wife) am subject to immigration control, don't have a visa to work or abode in the UK, and I'm currently between jobs in my home country (Mexico)? It seems rather unfair, as he has a mental condition that makes it difficult for him to get a job.

[Frontier Mole]

When the payments were stopped there must have been a letter explaining why and how to appeal?

[leislas]

Thank you for your reply! They said they would have to reasses his situation since he was now married (Monday), and the payments suddenly stopped (wednesday). When he phoned in to ask if he would get his biweekly pay since nothing had been deposited by then (Friday), they just said they would phone him after the weekend to schedule a reassessment.

I thought the process was rather unfair since they stopped the payments without warning, and even though he's married I can't live with him since I don't have a UK visa.

We are now waiting to hear back from them to "re-asses".

[drdh4]

Hi,

Are you here in UK on a visit visa? As you mentioned that you don't have a legal right to work? If you are on a visit visa then you will have to let ESA know you won't be living with the ESA claimant permanently (let ESA know the date you moved in, date you married, date you will be leaving UK..etc)

Most probably they will re-asses your partner's claim on a couple rate, if they do that you will have to pay those back since you don't have access to public funds (make sure you/your partner mention this to ESA)

Did you'r partner used to get PIP? If the answer is 'yes' then ring PIP and let them know that you are here temporary basis and provide them with the dates (date you moved in to the household..etc)

And also there is a SLA (service level agreement) to make those decision, make a note of the dates that you contact ESA.

[ariamus]

Hi,

Are you here in UK on a visit visa? As you mentioned that you don't have a legal right to work? If you are on a visit visa then you will have to let ESA know you won't be living with the ESA claimant permanently (let ESA know the date you moved in, date you married, date you will be leaving UK..etc)

Most probably they will re-asses your partner's claim on a couple rate, if they do that you will have to pay those back since you don't have access to public funds (make sure you/your partner mention this to ESA)

Did you'r partner used to get PIP? If the answer is 'yes' then ring PIP and let them know that you are here temporary basis and provide them with the dates (date you moved in to the household..etc)

And also there is a SLA (service level agreement) to make those decision, make a note of the dates that you contact ESA.

The OP is in Mexico according to the first post!

Would appear the benefits people, as usual, have not used any common sense or asked further queries but decided to stop the benefit because he said he was now married. Hopefully common sense will prevail when he ‘reapplies’

[leislas]

Hi,

Are you here in UK on a visit visa? As you mentioned that you don't have a legal right to work? If you are on a visit visa then you will have to let ESA know you won't be living with the ESA claimant permanently (let ESA know the date you moved in, date you married, date you will be leaving UK..etc)

Most probably they will re-asses your partner's claim on a couple rate, if they do that you will have to pay those back since you don't have access to public funds (make sure you/your partner mention this to ESA)

Did you'r partner used to get PIP? If the answer is 'yes' then ring PIP and let them know that you are here temporary basis and provide them with the dates (date you moved in to the household..etc)

And also there is a SLA (service level agreement) to make those decision, make a note of the dates that you contact ESA.

The OP is in Mexico according to the first post!

Would appear the benefits people, as usual, have not used any common sense or asked further queries but decided to stop the benefit because he said he was now married. Hopefully common sense will prevail when he ‘reapplies’

Thank you everyone for your help!

I have a couple of questions:

1) I understand his reassessment is due to my income being taken into account, not necessarily me claiming benefits. Is that correct? I don't want to get in trouble if I visit and he's in receipt of benefits, since I don't have access to public funds.

2) He has notified PIP of his change in civil status, and everything is alright. Do we have to notify them every time I visit? Even if it's just for a month? And every now and then?

[leislas]

Hello,

My husband receives PIP and we are planning to apply for a spouse visa under the adequate maintenance route.

I was wondering if anyone could help me undertand how the home office will determine the benefits we would get as a married couple with no children?

I know the formula they use is for A - B to be greater than or equal to C.

I have taken C to be ~115/week (sorry, can't remember the exact number). This reflects the benefits a married couple without children would get in the UK.

I have read some stories in the forum where the home office add certain premiums when calculating C. Could anyone help me determine what sort of premiums they could include? Or point me to a website where we could get an idea of the premiums?

Thank you!