To think I can claim benefits if I leave my husband?

[Need2leave22]

I need advice. I am a mum to an 9 month old and we live with her dad who is abusive. Things have gotten much worse since Christmas and I am scared for my DS. We have a mortgage together and I’ve no family of my own that I could stay with. I have a small amount of money set aside that might cover the deposit and rent for a small flat. Could I claim housing benefit after this? Hoping they me and DH will be divorced by then.

It's universal credit now, you can do a calculator online to see how much per month you are likely to get. But yes, should be fine. Do you already claim child benefit for your child?

@Stationfork

It's universal credit now, you can do a calculator online to see how much per month you are likely to get. But yes, should be fine. Do you already claim child benefit for your child?

No, I don’t claim any child benefits because DH earns too much. Thanks. I’ll take a look.

Speak to women’s aid, they have good advisors that can help you. The online calculators can be a bit hit and miss sometimes on their accuracy

Not sure you can claim housing benefit when you have a house/ completely understand that you need to leave etc I’m just stating the facts

I don’t think you can claim housing benefit to live somewhere else if you have your name on the deeds of a property and a mortgage that you are half responsible for paying.

Definitely worth speaking to Womens Aid for support and advice

@OnlyFoolsnMothers

Not sure you can claim housing benefit when you have a house/ completely understand that you need to leave etc I’m just stating the facts

That’s what I’m worried about. On paper I have a house. But I can’t live in it so I feel so stuck.

You absolutely can claim housing benefit if you own a house you don't live in but they will need to understand all the facts before making a decision.

@LethargicActress

I don’t think you can claim housing benefit to live somewhere else if you have your name on the deeds of a property and a mortgage that you are half responsible for paying.

My name is on it but I’ve never paid a penny towards it as not working.

You need to get proper advice as you currently have a mortgage, it adds a complicating factor when applying for benefits. Please call Citizens Advice, or here is a good overview from Gingerbread charity:
www.gingerbread.org.uk/wp-content/uploads/2017/08/Action-to-take-when-a-relationship-ends.pdf

Good luck! There are many resources out there to support, please don’t be shy to use them. Gingerbread and Women’s Aid are great places to start.

You need some solid advice that can take into account your individual circumstances. Contact women’s aid or citizens advice and hopefully they will help.

Start a claim for child benefits. If you tell the dwp your suffering from domestic abuse they will put through your claim for universal credit and your dh won’t be able to access information. You will be able to claim housing element as you can’t stay in your residence due to domestic abuse but obviously you should push for sale of house.

Worth talking to women’s aid as they can help.

If you can get out on your own. Pop to your local council, ask them for info on what help you can get. They may be able to provide emergency accommodation or at least help you with paperwork and getting it ready to submit as soon as you have a new address to make the claim. Good luck.

You can still claim. There a exceptions and different rules where there is DV involved.

You can claim child benefit, it’s just that your partner will have to pay it back. But that’s not your problem as you are leaving. You don’t need to tell him .

www.gov.uk/child-benefit-tax-charge/pay-the-charge

Please apply now - it can take up to 16 weeks to be processed but you can backdate it to 12 weeks before the date you claim. You can apply as long as you have your own national insurance number and your child’s birth certificate.

Are you legally married and living in the UK? If so you will probably entitled to a share of the house even though you haven’t paid the mortgage. But you need expert advice as PP have said.

Can you tell us some of the things that your DH does that make you feel sacred ?

I know you said that you’re not claiming child benefit as your husband earns too much, but as you are also not working I hope that you have put in a claim on the form but checked the box to not actually be paid it? That ensures you get the NI credits, to protect your entitlement to a state pension.

(You also absolutely can claim the child benefit and he would have to pay an additional tax charge by filing a personal tax return at the end of the year. If you need cash, you could do this - and it can be backdated 6 weeks I think. I don’t think he’d be notified about the claim at all - but you’d obviously need to have it paid into your account and make sure the letter confirming it from HMRC confirming it isn’t seen by him if you are worried about what his reaction would be.)

I've certainly done this, although it was 10 years ago now.....

At one point about six months later the council suddenly decided that I wasn't eligible and stopped HB payment, but I made a complaint and it was quickly reinstated.

Gingerbread have really good advice on financials.

Hope all goes well OP.

You can claim as soon as you separate.

However I strongly advise contacting Women’s Aid for assistance is leaving safely.

Following..

My ex claims benefits towards his rent despite being named on our mortgage so it is doable.

On paper you can't claim housing benefit while owning a house. But DV is a clear exception to this, just need to make sure you follow the correct processes to obtain this so get some advice from women's aid or similar. Can speak to the jobcentre as well but depending on the staff they can be a bit useless with advice about specific circumstances. You'll also be able to claim universal credit and child benefit from the moment of separation (even without sorting out separate housing yet). I wish you the very best with all of this

Please speak to Women’s Aid.

They deal with things like this daily so can give you proper advice.

No useful advice but just to say you're doing the right thing getting out and I hope you are safe soon xxx

Yes, you can. I did, but I spoke to them and explained the situation. I already had applied to UC, then once I moved into my new place, I updated my living situation. But then I knew I’d be removed from the deeds within 6 months and wouldn’t be receiving any equity.
Get your claim into UC asap. Once your in the system, it’s easy to update various sections.
But, you won’t get the housing benefit until you have a proof - ie a copy of a lease if you are private renting.

Start your child benefit claim now
You can claim UC right now if you are separated (ie you buy your own food and don't cook for each other or do each other's washing.)
You will have a share of the equity and when you get that it will affect your benefits if over a certain amount and stop them if over 16k.
But if there is DV then he will have to leave the family home
Def ring CAB for advice or speak to a solicitor