Talk

Advanced search

Mumsnet has not checked the qualifications of anyone posting here. Free legal advice is available from a Citizen's Advice Bureau, and the Law Society can supply a list of local solicitors.

Separating/benefits. Can someone explain a few things?

(5 Posts)
Sigyn Fri 19-Jun-15 08:19:22

Could someone basically tell me what I am entitled to here?

My partner and I are separating. Its highly amicable, a bit complex but in essence relates to sexuality. Both us are prioritising the kids and them maintaining a relationship with both of us. We have three kids, all junior school age.

My partner earns around 65k net. I am currently a student and will graduate next year. He is happy for me not to work and finish studying. The current plan is to buy a large house either converted into two flats already or convert it, and that seems possible locally for around what our current house is worth, amazingly. He's open to either putting the second flat in my name, or not, however it works best (I probably could not get a mortgage alone atm). In practice, because he works away from home often and does long hours, including at short notice, my guess is that the kids will live with me but have their dad literally on the next floor.

There's a few things I can't work out. I make it that his child maintenance payments "should" be £150 a week. (In practice, I would imagine he might pay more, but some of that would be stuff like mortgage payments and utilities, so that figure seems about right.). So, assuming I have no income, am I entitled to any benefits? Specifically, am I entitled to tax credits, council tax benefit and child benefit? With regard to the last, we currently claim and he repays, to protect my pension-he's clear that he will continue to do this if needed but obviously we'd both rather not. I am pretty sure that I am not entitled to anything benefits-wise for me, as I am not currently jobseeking and will not be til I graduate.

If there is anything else I haven't thought of that would be great. I'm not sure what we will actually do money-wise. I'd rather NOT be claiming, honestly, but I'd also like to get a sense of the lie of the land.

Sigyn Fri 19-Jun-15 08:24:03

Oh and to add. I know I might sound quite naive in thinking it can all be amicable, but honestly, I have known this man a LONG time, I've actually seen him through other breakups prior to getting together (no kids involved), and he is a very, very fairminded, moral guy who is focused on his kids. There's no one else and he gets (I think) that this is not anything to do with him, nothing that is his fault. Our relationship is actually better than it has been in a decade.

Both he and I are legally trained and we know to get this stuff written down and formalised to some extent. Its painful but we are being quite professional about it. Just wanted to say that, because I can see that, reading back, I do come over as a bit naive.

justjuanmorebeer Fri 19-Jun-15 10:58:51

Well yes that is an unorthodox living situation. I'd be wary of this. To claim benefits you need to have completely separate addresses so the property would need to be separate ie you are both paying your own council tax abd rates. I think you'd find it diificult to ever claim housing benefit, when I claimed after break up I had to provide his address too. Had that been what you describe, essentially the same house but flats a and b or something I don't think I would have been approved.

It might be easier to just live close by, for instance on the same street. Houses converted into flats are so noisy (I live in one) would you really like your ex hearing you have sex and vice versa? That is the reality of flats.

What you are able to claim depends on the nature of your course really, is it undergrad or postgrad? How long have you got left? I suggest you make an urgent appt with your uni welfare advisor, usually quietish this time of year so that is good.

justjuanmorebeer Fri 19-Jun-15 11:00:34

Have you filled in the entitledto calculator? That will give you a guideline but it usually overestimates.

AndNowItsSeven Fri 19-Jun-15 13:20:21

As a student you would receive child tax credits and CB possibly HB . Maintenance is not classed as income for benefit purposes. As long as the flats are to separate dwellings not a HMO your single claim will be accepted.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now