Whether a legacy benefit claimant will need to make a claim for UC when they separate from their partner will depend on many factors set out below.
We have outlined in the table at the bottom of the page the impact separating could have on any existing legacy benefits.
Housing Benefit
Main HB claimant leaves
HB entitlement ceases when the main HB claimant leaves. HB will be paid up to the end of the week (ie Sunday) of the separation.
NOTE: the main HB claimant may be able to remain on HB as the award can be reassessed based on them as a single person - see 'moving home'.
The remaining partner can make a new claim for HB if they:
Otherwise, if they need help with their rent they may need to claim UC.
Main HB claimant remains
If the main HB claimant is the one remaining in the property, HB can continue although it will be reassessed based on them as a single person - they will need to notify the HB Office that they have separated from their partner.
However, in some situations (for example if they were on a couple claim for Tax Credits) the separation may nevertheless mean they might need to claim UC to replace lost income. A claim for UC would bring the HB claim to an end (unless they are living in 'specified' or 'temporary' accommodation).
If both members remain in the property
The main HB claimant should notify the local authority that they have separated from their partner, and the award will be reassessed based on them as a single person. If they are joint tenants then this will be based on their share of the rent. If the tenancy is in their name only, the ex-partner will be treated as a non-dependant living in the household.
If the ex-partner is a joint tenant, they may want to make a new claim for benefit to help with their share of the rent – this may be a trigger to UC unless one of the exceptions applies to enable them to claim HB as a single person too (eg. they are State Pension age).
Income Support, Income Based JSA and Income Related ESA
If the lead claimant for these benefits leaves, they can take this benefit with them. Their award can continue (reassessed based on them being a single person).
But the remaining partner will be removed from that award and they will not be able to make a new claim for any of them (unless they are in receipt on Old-Style Contributory ESA - click here) so they should consider whether they need to make a claim for UC.
If the remaining partner is the lead claimant for these benefits, the award can continue as long as they remain entitled when reassessed to remove their partner.
Tax Credit
All Tax Credit awards end when a claim goes from couple to single. The remaining partner will not be able to make a new claim for Tax Credits so this can be a trigger for UC. If they remain entitled to another legacy benefit they need to consider whether they can live on the reduced benefit income or whether they could be better off if they claim UC if eligible - they should seek advice from a Welfare Benefits Adviser who will be able to conduct a better off calculation.