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.

You say you're scared for your child OP. Do you need to contact the Police or a DV organisation right now?

@Rexthesnail

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

I don’t have any proof. No police reports, etc.

@JanglyBeads

You say you're scared for your child OP. Do you need to contact the Police or a DV organisation right now?

I’m afraid of my child witnessing abuse, arguments and essentially what is a toxic relationship.

@JustLyra

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

Good advice!

@Freecuthbert

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

Thank you

Speak to womens aid. See your GP. They are supposed to support you they don't need proof in the form of police reports but it'd be good to have it on the system in case it crops up in any future custody hearing etc.

Great advice OP please do take it.

There is no HB unless you are a pensioner so UC is your option.
Things to bear in mind:

Single parent award if under 25 £257.33 pm
If over 25 £324.84pm
Child born after 2017 £237.08.pm
Child benefit £91.65 pm.

The housing element is paid at local authority rate so if you private rent at £600pm but LA only charge £500 pm for same size home you will have to make up the £100.

Good luck you are doing the right thing.

@Freecuthbert

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

Yes you can If the ex partner lives in the house you have a reasonable amount of time allowed to resolve the issue - either by being bought out or selling the property. The benefits system acknowledges that people can't always live in the property they own nor can they immediately access the equity. Domestic abuse is not relevant to whether a person can claim HB under those circumstances.

Yes you can claim universal credit. Like others have said leave, put in a claim and take it from there.

Get help from women's aid.

Good luck op.

First thing you need to do is put in a claim for Child Benefit in your name, you can say this is to "protect your pension NI contribution" you could even select to not have the money for now - that is easier to change at a later date.

Every non-working parent should claim the CB for this reason tbh.

Woman's aid can give you excellent advice and yes being temporarily in receipt of UC for housing is possible when in an abusive relationship whilst finalising a divorce/sale of joint property.

The housing element is paid at local authority rate so if you private rent at £600pm but LA only charge £500 pm for same size home you will have to make up the £100.

They have separate allowances for private rentals. Our LA will pay up to £850 for a private 2 bed where as a 2 bed council property is £520.

They have separate allowances for private rentals. Our LA will pay up to £850 for a private 2 bed where as a 2 bed council property is £520.

That what Housing benefit ( which is run by LA not DWP) are willing to pay for a private rental if the person qualifies for HB.
UC will only pay what the LA charge for rent on there own council property in the same post code.

HB and housing element of UC are very different.

@NeedsCharging

They have separate allowances for private rentals. Our LA will pay up to £850 for a private 2 bed where as a 2 bed council property is £520.

That what Housing benefit ( which is run by LA not DWP) are willing to pay for a private rental if the person qualifies for HB.
UC will only pay what the LA charge for rent on there own council property in the same post code.

HB and housing element of UC are very different.

UC pay the local housing allowance. This is not related to what council rent would be. The LHA rates have been the same from when it was housing benefit to housing element of UC.

@NeedsCharging

They have separate allowances for private rentals. Our LA will pay up to £850 for a private 2 bed where as a 2 bed council property is £520.

That what Housing benefit ( which is run by LA not DWP) are willing to pay for a private rental if the person qualifies for HB.
UC will only pay what the LA charge for rent on there own council property in the same post code.

HB and housing element of UC are very different.

UC uses the council local housing allowance. I've just done a calculation with an advisor from universal credit essentials and will get the full £750 I pay I double and triple checked that. I currently only receive £420 as they deduct some for my earnings. Obviously Uc does too but deducts off the whole award

@Rexthesnail

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

In any case of relationship breakdown, the value of the claimant's interest in what was the former matrimonial home is ignored for 6 months, and this period can be extended if the claimant is making efforts to sell the property.

"Efforts to sell" can include the matrimonial proceedings relating to the home and division of the value, etc. The DWP invariably act very sympathetically to cases of this nature. One client of mine had the value disregarded for nearly 3 years.

I won't comment on UC as I don't have the knowledge but absolutely claim Child Benefit ASAP as it can only be backdated by 3 months.

You can claim and tick a box not to receive payments for now. Doing so means you will still receive an NI credit which counts towards your future pension. Very important whilst you're not working. You can amend the claim later to receive the money when you've left.

Otherwise your partner will be liable to pay the tax charge, HICBC, if you claim now and opt to receive the money - but that's not your problem. However, claiming minus the money is an option for now if you feel it would be safer for you as that way he can avoid the tax charge but you still get the NI credit.

Speak to Women's Aid too - they can help you leave safely

If you are scared for your DS, consider leaving via a refuge. Make sure you take as much official paperwork as you can including passports and birth certificates and proof of address. You can also ask your health visitor or children's social care to help you leave an abusive relationship. If you don't feel like doing these things, you may be able to access a service called IDVA which stands for Independent Domestic Violence Advisor. Your local council should be able to signpost you to them. Good luck.

@Need2leave22 anything you do now, eg, police, womans aid, social services, even writing on here, wherever you log it now, will count as your proof. I've been in a similar position myself and I'm also a Mckenzie Friend, so I'm used to helping women in all kinds of situations. If you'd prefer to PM then please feel free