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Original poster

Can you still claim UC if your husband is a high earner but you don't live together?

36 replies

MoneyMatters1 · 04/01/2020 08:10

Hypothetical question, if your husband is a higher earner, roughly 80k/annum, but you don't live together, can you claim universal credit?

Wife's situation is that she works part time around looking after toddler DC (not husband's child).

OP posts:
Surfskatefamily · 04/01/2020 08:15

Are you separated? Then yes...if not I reckon you technically could but it would be morally wrong

RicStar · 04/01/2020 08:17

Unless they are actually separated then no dw cant claim.

Waxonwaxoff0 · 04/01/2020 08:33

Technically yes if they are living apart. They would have to lie and say they were separated though which is wrong imo.

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Benefits
GreenBasket · 04/01/2020 08:39

If you're separated yes.

If not then surely UC is not a big enough payout to cover the costs of an additional household, with change - or is the system being worked in other ways there too?!

Waxonwaxoff0 · 04/01/2020 08:44

@GreenBasket they wouldn't be able to claim UC as a married couple on his wage even if they are living in separate households.

If they say they are separated then technically she could claim as a single parent. Very immoral though, I would not be comfortable doing that.

Original poster
MoneyMatters1 · 04/01/2020 08:48

Thank you for the replies. I thought this was the case but wanted to confirm.

OP posts:
Collaborate · 04/01/2020 08:50

A copule can live apart without being separated. So in your hypothetical situation (where you say you don't live together but don't say you have separated) the woman claiming would be committing an offence. You are only considered, as a married couple, to be living separately if the separation is likely to be permanent. See this revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-living-together/

SonicVersusGynaephobia · 04/01/2020 08:51

No, a married couple can't claim UC if one is a high earner just because they have two properties.

Sharkyfan · 04/01/2020 08:59

Sorry to butt in - but for benefits in general - if a couple has separated but has to stay living in the same house until it’s sold, would the women be able to claim as a single parent?

GreenBasket · 04/01/2020 08:59

@waxonwaxoff0 - that's what I meant sorry - pretending to be separated just to get UC seems bonkers to me - hardly Scrooge McDuck money is it.

I guess the scenario OP, is that your friend is thinking, "if I can then I will" given that her partner is not around a lot and she can only work part time around her child.

She'd have to lie as her husband just works away, he hasn't left her.

lyingwanker · 04/01/2020 09:21

I think it's easier to do this on universal credit than it was on the old tax credits system. The TC system would not have allowed it even if husband was living permanently in a different county. Universal credit does allow separate claims.

Waxonwaxoff0 · 04/01/2020 09:22

@Sharkyfan I believe so if the split is likely to be permanent, but some aspects of UC are means tested so if the woman has assets there are some benefits she won't be entitled to.

ThighThigh · 04/01/2020 09:29

What happens if the husband is a high earner but financially abusive ie the kids and partner are high and dry despite his high earnings? I think this is why family allowance / child benefit was originally paid to the mother.

Catkin8 · 04/01/2020 09:34

The short answer to your question is yes, she could. It revolves around living together, not marriage. However, the wife would have to declare any income she received from the husband toward household bills etc (excluding child maintenance) and this would be deducted pound for pound from her UC entitlement.

Sharkyfan · 04/01/2020 09:39

Thanks @Waxonwaxoff0
Yes prob not universal credit but things like child benefit where the stbxh would take earnings over the threshold.
I suppose the thing to do would be to be honest about arrangements on any claims.

Original poster
MoneyMatters1 · 04/01/2020 09:39

The situation is, the couple are not currently married or living together but the man has dropped hints at proposing soon and both want to get married.

However, for various reasons they are wanting to keep households separate for the foreseeable future, if not permanently.

The woman is very aware that once she gets married she'll lose all benefits including child benefit and will not be able to get a job that will replace that money.

The man cannot afford to make up the shortfall due to his own high outgoings and the woman wouldn't want to be financially dependent on him even if he could.

As far as I can see, the only thing to do is continue as they are without getting married.

OP posts:
Frouby · 04/01/2020 09:43

Yep that's the only way to do it OP.

Though I don't understand getting married then living separately. It sounds very complicated, does the potential husband have other dependents as well?

darkskydarkening · 04/01/2020 09:46

Sorry to butt in - but for benefits in general - if a couple has separated but has to stay living in the same house until it’s sold, would the women be able to claim as a single parent?
I looked into this - you have to show that you really are living completely separately - shop separately for food, eat separately, wash clothes separately. I imagine the benefits agency are pretty suspicous of claims like this and it would be hard to get them to believe the situation.

The man cannot afford to make up the shortfall due to his own high outgoings Surely he can reduce these.

I am not sure why they want to get married if they want to keep their lives completely separate?

It sounds like he wants to get married whilst not having to support his lower income partner or reduce his lifestyle (sorry, 'outgoings'). And that she doesn't trust him. I don' t think they should get married.

doobiedoi · 04/01/2020 09:49

The man cannot afford to make up the shortfall due to his own high outgoings

How big can the benefits be? CB is what £100 a month?

Original poster
MoneyMatters1 · 04/01/2020 10:06

The man has a mortgage, child from a previous relationship which he pays a significant amount of maintenance for, and elderly parents whos care he pays for. Not expenses that can be reduced. Plus the usual living expenses.

The woman gets just over 1k per month in UC, plus the £80 per month child benefit and earns £600 per month working part time.

Thanks for the replies. The long and short of it is that marriage isn't am option.

OP posts:
Sharkyfan · 04/01/2020 10:07

I’m finding hard to understand the motivation for getting married if it’s not to build a life together and as part of this create a home together?

Sharkyfan · 04/01/2020 10:10

Well if he’s in the Uk not sure why he is paying for elderly parents care unless it’s an top up to what local authority are paying?
His parents would be assessed on their own funds and care deemed necessary would be paid by the local authority if they are under the threshold.

Collaborate · 04/01/2020 10:12

As soon as they get married she'd have to stop claiming.

Waxonwaxoff0 · 04/01/2020 10:13

And this is why I as a single parent will never marry or co habit.

VeraPamil · 04/01/2020 10:15

Doesn’t want to be financially dependent on husband, but happy to be financially dependent on the state? Hmm