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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Would I be entitled to much help?

39 replies

YaB · 26/10/2024 22:29

In a nutshell, partner cheated so we’ve separated. I get DLA for DD and carers allowance, she has an EHCP.

I know there’s UC but I’ve never claimed before so no idea what I’d be entitled to. I can’t stay in family home as it’s rented and it’s too much.

I can’t ask anyone as I don’t know anyone in this exact situation.

I own a one bed flat that I rent out so that classes as income so I can’t work at the moment due to my child’s SEN. Think special unit at school

Can anyone advise please?

TIA

OP posts:
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Overthebow · 27/10/2024 10:40

SometimesCalmPerson · 27/10/2024 10:05

Homeowners were able to claim fortunes in tax credits for years and can still claim UC now in the right circumstances so it’s not a huge leap to think OP would be entitled to something. She tried to do the right thing by investing in a rental property and supporting herself financially. Presumably she could have spent the money she used on a flat on holidays instead and then when she found herself in difficulty she’d be entitled to go to the top of the council housing list and would get all the benefits she needs. The system is fucked.

Or you could look at it that she did the good thing and invested in a rental property, and now she needs help she has a safety net she’s built herself. Rather than being put on a years long waiting list for housing and probably ending up in temporary accommodation for years she will be able to move into her own flat and live mortgage free. That is a really good position, and once living in it she will probably be entitled to some UC help.

SometimesCalmPerson · 27/10/2024 10:05

Livelovebehappy · 26/10/2024 23:07

it obviously must be a very distressing for OP. Splitting with a partner, whatever the circumstances is a traumatic life changing event. But I can’t believe that someone who actually owns a property outright, with clearly thousands invested in that asset, would actually think they’re entitled to any government help.

Homeowners were able to claim fortunes in tax credits for years and can still claim UC now in the right circumstances so it’s not a huge leap to think OP would be entitled to something. She tried to do the right thing by investing in a rental property and supporting herself financially. Presumably she could have spent the money she used on a flat on holidays instead and then when she found herself in difficulty she’d be entitled to go to the top of the council housing list and would get all the benefits she needs. The system is fucked.

Movinghouseatlast · 27/10/2024 10:00

YaB · 26/10/2024 22:44

I did wonder about that, but It’s rented out and has been for the last 6 years so I didn’t think that would be allowed as it would mean making the tenants homeless?

Do you think that would be ok? If so it’s certainly a solution, though if I’d be worried about them.

It is owned outright (it was bought cheap years ago) and we could live there rent free but the poor tenant 😔 though I realise the state won’t be arsed about that family

Edited

They will rent somewhere else, surely?

Overthebow · 27/10/2024 09:57

YaB · 27/10/2024 05:45

Yeah flat earnings are declared as my income so I can’t work as it would take me over the £151 weekly threshold.

So you could work you just don’t want to lose carers? I think you need to take a step back here, you’re not going to get help from UC at the moment because you have a large amount of money in a flat that you own outright. You’re in a good position as you can live in the flat mortgage free, take that opportunity, many don’t have that. You also get DLA, and if you got a part time job you could earn more than the carers money you get.

Seasideresort · 27/10/2024 09:55

@YaB you also can earn more than £151 a week on carers as long as taking off childcare and double the difference in pension payments brings you down to £151/week or less.

So, if you earned £160/week and paid £19 a week into your pension, then you would still be entitled to Carers Allowance.

Also, if you're a carer to a disabled child, then they don't expect you to work on UC.

I work part time but there is a tipping point where I just cannot cope if I go past 18 hours a week because of medical appointments, my child's needs, the daily therapy, running the home, looking after my own wellbeing etc

Seasideresort · 27/10/2024 09:46

@YaB I am in a very similar position to you.

The DWP didn't count my rental as income as I used to live in it and it was only one property (as in I'm not a landlord with multiple properties). They therefore said I was still entitled to carers allowance.

Blondeshavemorefun · 27/10/2024 09:15

I can't quite a quote on the app

But you said you can't work as will take you over the 151 earning amount

So

You can work but means you will lose some of your Benefit - but means your wages will make up the diff

Same happened to me friend. Has dla for her daughter plus she's a carer for her

But if earns over the 151 as she does some weeks she the. Loses /reduces the carer element

bows101 · 27/10/2024 08:36

I'm the same as you OP, unfortunately owning a property makes it so hard.
Even so moving to a 1 bed with child is probably not suitable? But that's the only way to get help as it's seen as an asset

When I did the calculations; living in my own property, working PT with 1 disabled child would have entitled me to a lot of money UC - Around 3k a month (dla/wages/uc top up)
I was going to sell my flat and buy a 2 bed to live in

autienotnaughty · 27/10/2024 07:18

TheKoalaWhoCould · 27/10/2024 06:06

If your child attends school there’s no reason you can’t work. We have a child with profound SEN, at specialist school, and we have jobs. You’d be much better off working because it gives you something that isn’t just caring responsibilities to focus on.

That's a sweeping statement. It really depends on the situation, what if they need lots of time off for appointments? Or childcare is unsuitable? Or regularly need collection from school in the day?

I have a disabled son , he can't go to childcare and we have no extended help. He sometimes meltdowns and can take an hour to get to school. He has gastrointestinal issues that require medical attention. He occasionally needs picking up early due to not coping.
Do I work?
Yes I work 10-2 Tuesday, 10-5 Friday and Saturday morning . I can do that because dh works half day Friday and is off Saturday. His work can be flexible so he can pick up when I'm at work if needed and make time up.
I've been very lucky to find a job with hours that happen to work for us. I still claim carers to boost my income.

It's not straightforward and if I was a single parent with no dad involved I wouldn't be able to work.

Discolites · 27/10/2024 06:36

It's nice you're mindful of your tenants, but at the end of the day you have to prioritise yourself. As has been said you won't be eligible as is because of the capital you have, let alone the income from renting. Look into how to follow the eviction process lawfully, move into the flat and then you can apply.

Phineyj · 27/10/2024 06:32

Do you belong to the NRLA? (residential landlords' association)? If not join ASAP and then you can get all the correct advice you need to give notice to the tenant safely and legally. They can also put you in touch with specialist agents who can sell the property with the tenant in situ, if that's of interest.

Ineffable23 · 27/10/2024 06:14

So if you need to live in the flat you need to give your tenants notice. There's a particular type of notice that applies if you have put it in the tenancy agreement, which I think means you can take possession under section 8 instead of section 21.

TheKoalaWhoCould · 27/10/2024 06:06

If your child attends school there’s no reason you can’t work. We have a child with profound SEN, at specialist school, and we have jobs. You’d be much better off working because it gives you something that isn’t just caring responsibilities to focus on.

hoglets · 27/10/2024 06:02

can you get a part time job? both of mine are disabled, special schools, Ehcp. I work half days. it's really tough as I get no time to myself but I financially it makes a difference.
I also think you need to move into the flat. otherwise it counts as asset and if you have more than 16k in assets, you cannot claim UC at all. Dad should also pay maintenance for the child.

LakieLady · 27/10/2024 05:51

lexi873 · 26/10/2024 22:37

I thought you’d be entitled to UC just not the housing element if you own a property.

The Entitled to website will tell you for sure.

The value of a property that you own but don't live in counts as capital, and having capital over £16k means you aren't entitled to means-tested benefits.

Start taking steps to evict the tenants and move back in OP.

YaB · 27/10/2024 05:45

autienotnaughty · 27/10/2024 02:34

Are you declaring the earnings on the flat for carers? You can't earn more than £151 per week. Although you would be able to take expenses off the rest and just declare profit.

Yeah flat earnings are declared as my income so I can’t work as it would take me over the £151 weekly threshold.

OP posts:
autienotnaughty · 27/10/2024 02:34

Are you declaring the earnings on the flat for carers? You can't earn more than £151 per week. Although you would be able to take expenses off the rest and just declare profit.

Willyoujustbequiet · 27/10/2024 01:49

Yes you can't claim UC if you have property you don't live in as it counts as capital and you will be over the threshold for eligibility.

But I do think an earlier poster is correct in saying there is a grace period with capital from a house sale in order that you can buy a property you intend to live in.

Aligirlbear · 27/10/2024 00:50

YaB · 27/10/2024 00:16

If it was as straightforward as selling the property, that would be fine but there are many obstacles in which to do so. Tenants have a right for starters. My understanding is it can take months and months to be in a situation to sell the property. Yes I own it but it’s their home.

The owner requiring use of their property is an acceptable legal reason for being able to serve notice on your tenants serve a section 21 notice. The time for getting our tenants out will depend on the notice period in their lease. As tenants they will be aware that this is a possibility. Morally may not sit comfortably with you but as it is an asset the state won’t pay to help you live elsewhere while you are receiving rental income and have a home you could live in.

Blondeshavemorefun · 27/10/2024 00:49

If you want uc help as others said either go and live in the flat or sell it

If you sell it offer it to the tenants first

If you do sell then think there is possibly 6mths Grace if using that as a deposit on a home that it doesn't count in savings

Or I may be wrong

But then buy and you will hopefully get uc but you won't get housing element but will get a higher work allowance (know you don't work)

MissTrip82 · 27/10/2024 00:43

Why would the tenants be homeless? They would need to find somewhere else to live, It’s one of the downsides of renting.

ItsTheGAGGGGGGGGG · 27/10/2024 00:33

Livelovebehappy · 26/10/2024 23:07

it obviously must be a very distressing for OP. Splitting with a partner, whatever the circumstances is a traumatic life changing event. But I can’t believe that someone who actually owns a property outright, with clearly thousands invested in that asset, would actually think they’re entitled to any government help.

I think we can give the OP the benefit of the doubt as they probably aren’t thinking properly. Sometimes it’s easier to come on MN and provide context so that people can give answers. Instead of assuming they’d be entitled to xy and z

ItsTheGAGGGGGGGGG · 27/10/2024 00:33

You either serve a section 21 notice and get your tenants out of the flat so that you can move in. Or you get your flat back, sell it and use a deposit to purchase a place elsewhere. You can claim UC however they won’t pay towards your housing

friendlycat · 27/10/2024 00:30

Livelovebehappy · 26/10/2024 23:07

it obviously must be a very distressing for OP. Splitting with a partner, whatever the circumstances is a traumatic life changing event. But I can’t believe that someone who actually owns a property outright, with clearly thousands invested in that asset, would actually think they’re entitled to any government help.

Sorry but this.

You will need to go through the process of legally serving notice to your tenants and moving into your flat that you own outright.

YaB · 27/10/2024 00:16

Livelovebehappy · 26/10/2024 23:07

it obviously must be a very distressing for OP. Splitting with a partner, whatever the circumstances is a traumatic life changing event. But I can’t believe that someone who actually owns a property outright, with clearly thousands invested in that asset, would actually think they’re entitled to any government help.

If it was as straightforward as selling the property, that would be fine but there are many obstacles in which to do so. Tenants have a right for starters. My understanding is it can take months and months to be in a situation to sell the property. Yes I own it but it’s their home.

OP posts: