Benefit cap/2 child rule

[exemption]

I know benefits it's a heavily debatable subject and I would like some honest opinions on my situation as I'm pretty sure it will be made public soon.

Background -
Was in a 6 year abusive relationship, sexual, physical, emotional, financial, you name it, he did it. I wasn't allowed contraception as he believed I may cheat - 3 pregnancies as a result (that was with sneaking a pill, obviously wasn't routined hence the babies)

Left when I was badly beaten at 7 months pregnant. Children and I stayed in a refuge and eventually was housed somewhere else.

Now I'm fully reliant on benefits for the first time in my life. I've had a letter through stating that I'm £53 over the benefit cap and therefore my benefits are being reduced. I'm also exempt from the 2 child rule which brings in that same amount.

I've written to my MP and he is going to raise it and investigate with HMRC.

That's great, he really wants to help. However I once again have to go and meet him and explain what happened/this situation again for him to build the strongest case for me. It's heartbreaking to keep going through.

Has anyone else been through this? AIBU to be scared of financial hardship and think that financially leaving my wealthy exH was an awful idea? I would never, ever return. But now my children are facing an even harder life because of this. I have so many financial commitments from before that I'm barely keeping up now.

@Peachesandcream15 yes I will do that, I have a standard letter I have to send to all sorts of people, it's horrible with someone reading it in front of you and then seeing their sad reaction. But I'm too scared to send it and pray that person doesn't happen to know my exH

Have you spoken to step change? If paying the debt is leaving you in financial.hardship then you shouldn't be paying it right now.

@mygoditsfullofstars it is a lot of money, and that's what I get. However that also includes rent which is £980 a month.

I don't know how people do it. They seem to make it look easy

There is currently a case against the government re the Benefit cap. It’s going to be heard by the Supreme Court. The cap will apply to your Housing Benefit first, ie you have to pay this amount towards your rent.

As there is a case waiting to be heard against the government, I would urge you to appeal the Benefit cap decision. Your local CAB could help with this or go to the child Poverty Action Group and they should have an appeal template for you to copy and paste. If the case at Supreme Court wins, you may win your appeal too. So I strongly advise you do this ASAP.

Your local authority should have a discretionary housing payment fund. Make an application for that for the rent shortfall. Explain how this reduction in income is going to affect you and your children. What things will you have to go without to pay the rent shortfall - food, essential bills, clothes that sort of thing.

Definitely get some representation for the Benefit cap appeal.

It's easier if you don't have a shit load of debt but I don't think anyone genuinely on benefits finds it easy?

How would the "rape clause" not apply here? I'd have thought it would. Do you have evidence of the abuse? Inc conversations with GP.

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/621425/ncc1.pdf

I think it would

"You were in a coercive or controlling relationship with the other biological parent of the child at or around the time of the conception"

Personally I think it's a disgusting rule but that doesn't help you just now.

These people

www.ncdv.org.uk

Provide legal support to victims of DV and I wonder if women's aid would be able to advise on how to get tax credits to apply it. Possibly even advocate for you.

In terms of experts on benefits I'd recommend your local welfare rights office (usually located in council offices near social services).

@Speedy85 I will definitely look into this. I phoned them earlier and they basically said tough but now I've looked into this payment I may be eligible. The council offices aren't very friendly, I just want all of this to be over. Paying the debt was one step closer to me freeing myself. I didn't want it to follow me around

Oh and your Benefit cap appeal should be sent directly to HM courts and tribunal service using this form www.gov.uk/government/publications/appeal-a-social-security-benefits-decision-form-sscs1

What is it you are going to your MP about? you have hit the cap on benefits so your getting quite a bit of money already, the MP wont be able to get HMRC to ignore the cap just for you.

Sounds like you should put your energy into restructuring the debt, considering bankruptcy or another option. But debt advice is the way to go not to your MP.

@buttonmoonb4tea thanks a lot, that's really helpful.

@Graphista it does apply in terms of tax credits, but there's no mention of it for the cap. The more I deal with government agencies the more I think I am the first they've dealt with.

@happinessischocolate I've never thought it would be easy, but I have to admit that the people in my old circle certainly made it seem like they had a lovely little non working life. They dropped me pretty quick once I became a member of benefits Britain (as they'd so delightfully say)

How old are your children op? Was the youngest born after 5 April 2017? That’s when the 2 child limit came in.

Can I ask what you are wanting your MP to do? You are receiving the maximum you are eligible for so he can't ask for the cap to be ignored. Have you started the process for child maintenance?

@buttonmoonb4tea he was sadly born after that time

Sorry I've misread too. But if you're not getting full tax credits either perhaps that will help.

Also the agency I linked to might have ideas.

Yes to dhp if possible too.

Are you claiming everything else you can? How old are the DC, any disabilities not currently being claimed for?

Can I ask what you are wanting your MP to do? You are receiving the maximum you are eligible for so he can't ask for the cap to be ignored. Have you started the process for child maintenance?

No he can’t get the cap removed but he can raise his concerns with the policy in parliament, given his constituent is raising her concerns with him.

Definitely visit the CAB or similar for debt advice. My abusive ex left me to pay off thousands in debt and I ended up having to get a debt relief order because I couldn’t pay it all off and it was making me ill trying to manage. Really feel for you OP. Leaving is hard enough but the aftermath of building a new life for yourself isn’t always so easy either. Good luck.

@Sugarhunnyicedtea and anyone else who questions the MP involvement:

Because I was raped, beaten and banned from contraception many times I'm allowed to have money for a third child. This is through a tax credits exemption which is around £50 a week, maybe slightly over.

So the 2 child rule doesn't apply.

Then I've received a letter saying as of 1/4/2018 I'm over by the same amount more or less due to the benefit cap - totally separate from 2 child tax credit rule.

My MP thinks I should also be exempt from the benefits cap. He's a conservative MP and strongly supports the 2 child limit and cap however he feels that one rule shouldn't take away the money I'm entitled to by another rule when it's all part of the same system.

I'm surprised he feels so strongly about it, he's pretty high profile and I think he wants to use my case to promote himself in a much nicer light.

@buttonmoonb4tea he was sadly born after that time

The 2 child limit is also being challenged by Child Poverty Action group. They have a template on their website for this too. I’d definitely use it and send it to tax credits as again if the legislation is changed you’ll miss out if you haven’t challenged tax credits decision.

Op was right to go to MP for help - that's what they're for. He or she can request a check on if the amounts are right, and may be able to support the op in getting additional help she's entitled to but may be unaware of.

Each constituency has different charities and grants available for people in various circumstances which the MP should if they're a good MP be aware of.

I've had 2 separate mp's help me when I was having difficulties. First time was getting housed after marriage breakdown (military brat then military wife means legally you don't "belong" to any council and so they have no obligation to house you but MP found someone able to help) 2nd time when I was hitting a brick wall with csa.

All you have to do to be exempt from the total benefit cap is work for 16 hours a week, you would get childcare element up to a max of about 230 a week And you can use the 30 hours free childcare, with that combo unless you take odd shift work it’s hard but doable

@buttonmoonb4tea

I do get the full tax credits for all 3 children. Sorry I don't think I'm making much sense here! It's the cap that's taking that away, leaving us in the same position as if I wasn't allowed tax credits due to the 'rape clause'

Also of course what button said - so hopefully punitive rules like this can be changed/repealed.

Op my first MP was Tory too and he helped a great deal. Well known in a negative way after this happened which really surprised me. As even though Tory he didn't seem "like that"

Tbh, OP, you probably are the first one they've come across when you speak to then for the first time. Friends who work for HMRC tell me that whilst they've been trained on the exemption when the cap first came in, they've not come across anyone who had claimed it yet. Most women aren't as brave as you've obviously been and end up accepting it be cut hey can't face going through all the details again and again.

Good luck, some good ideas in this thread and I hope one of them helps you out.

Sounds like you'll have to move to bring your rent down.

I'm on benefits too so understand but my rent for a 3 bed is only £360 a month.

Just to be clear I am looking for work. I've been on many interviews however they have all wanted a great deal of flexibility. When I mention that I would need set hours in advance they make it pretty clear I'm not suitable.

I think the depression and severe anxiety also makes me come across a little weird. I'm in counselling but it's a long process. I have to demand a woman be present in all interviews which means I'm often not asked in for them after that