Partner Swapping….ESA

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  • #39182
    LisaH
    Participant

    I’ve had a query raised by one of our HA’s as he’s found some discrepancies with the way different LA’s treat partner swapping (for ESA better buy purposes only – steady on )

    Can I ask for a general feeling on this – I don’t have any issue as I look to maximise benefit/minimise arrears where legitimately possible.

    If you would rather PM me with a response, please feel free :p

    #112165
    Nathan Jessup
    Participant

    The DWP advice is that the partner needs to make a new claim and complete a new claim form. DWP state that a shortened form (or a statement signed by both claimant and partner) cannot be used to swap the claimant. The following link refers to this scenario:
    http://www.dwp.gov.uk/docs/esa-questions-answered-feb09.pdf
    It includes the following:
    “Q: Can a ‘shortened’ claim form be used when the partner applies to be the customer? 09/02/2009
    A: Our guidance is that it is not appropriate to use a shortened form for the partner even though full details have already been provided by the original customer. The partner needs to complete and sign a full statement of relevant circumstances. The shortened claim form is for a customer who has claimed before and whose circumstances have changed very little since the previous claim.”
    I have additional advice from DWP which states:
    “By the same token, we would advise that it would not be appropriate to use a letter signed by both parties.”

    #112166
    Kevin D
    Participant

    The DWP guidance doesn’t reflect the law (yet again). HBR 83 makes it crytal clear it is up to the LA to determine what is sufficient to count as a legitimate claim.

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