Claiming universal credits whilst co habiting with husband?

[WorriedWilma123]

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Is this something that’s really difficult as so many different people from UC have given me different advice.
Some say it’s fine as long as happy for a compliance officer to check separate rooms etc - some say as still married it’s not possible until divorced, others say something else entirely.
Feel like I’m completely going around in circles - anyone been here before?
Was it a complete nightmare?

Anyone?

Yes, I did for two years as the divorce dragged on and neither of us could afford to move out. I was 100% transparent in my claim and disclosed all details at the assessment meeting with the work coach.
We were living under one roof but separately. The joint account was already closed at that stage and I did not have access to XH’s funds.
As XH was paying the bills( was covering other expenses), I put down my housing costs as zero and was awarded ‘ the child element’ of UC.

I think that you should by all means put the claim in, be honest and see what they decide. All the people from UC I spoke to at the time, said that these kind of claims are not that unusual and people do get awarded UC whilst still living with ex partners/spouses.

I think as long as you’re honest about it, you can apply and see what they say.

Not sure how easy it is to explain on their forms but must be possible.

There’s no harm in being honest and applying. If they have a problem with it then they won’t give you any money. Technically you are allowed UC as you are separated, but they might feel differently or that your circumstances don’t count I guess.

@GertrudePerkinsPaperyThing
You cannot explain it on the form as such but you can put it in your journal.
You also have an assessment meeting at a Job Centre before your claim is processed, where they verify your ID and circumstances and you disclose it there. I am not sure if it is done remotely now due to COVID or it is still in person.

It's certainly within UC rules but you may have to provide a lot more info to support your claim. You will likely be asked to show even though you are no longer in a relationship you live together as 'separate households'. Usually that would be separate finances and meals etc

You have to be separated.
So you don't do each other's washing, shopping, cooking etc. Or share a bed. You have to be working towards divorce and moving out eg applied for decree nisi etc
I applied immediately we separated and got it no problem. I did keep food receipts, separate food cupboards etc. Basically stuff I could use as proof.

Yep it can be done.
You'll need to be very strict in how you arrange your domestic set up though.
Info in here <a class="break-all" href="https://www.google.com/url?sa=t&source=web&rct=j&url=assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/661551/adme4.pdf&ved=2ahUKEwiD39mu0LH1AhVhnVwKHZORC_QQFnoECBAQAQ&usg=AOvVaw0luA2wLp5nbGWEWbflkeho" rel="nofollow" target="_blank">www.google.com/url?sa=t&source=web&rct=j&url=assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/661551/adme4.pdf&ved=2ahUKEwiD39mu0LH1AhVhnVwKHZORC_QQFnoECBAQAQ&usg=AOvVaw0luA2wLp5nbGWEWbflkeho (apologies for long link) of the kind of criteria you should be looking at.

Would a divorce be a way to evidence it all?
I haven’t been too concerned about getting that sorted as yet but maybe that’s a way to go.
We’ve never had a joint account - he pays the rent and I pay the bills as I’m on a lower wage.
We have been living completely separately , separate beds, shopping and eating etc for almost a year.
We take the children out separately always, never together / holidays are separate too.
I wasn’t aware I could apply or I would have done sooner.
It was only him saying it was unfair he was covering more that pushed me to look into it all.

My sister claimed last year while still living with her husband. She told them they'd split, we're living in separate rooms and that he was financially abusive and she had nothing. She didn't need a check, applied and was paid five weeks later. And she moved out 3 months later

A divorce alone will not be sufficient. You will have to demonstrate the things shows in the link I posted.

Those things are already and have been being done for a long time.
I just wasn’t sure if the fact neither have started divorce proceedings a problem.
Also lots of people seem to be okay as they are moving out shortly -
If we have or decide to live together until the kids are much older would this be deemed a problem?
It’s slightly more complicated than other break ups as the reason for our split was me realising I’m gay.

In that case you will be fine and if the work coach refuses to agree then you should ask for a mandatory reconsideration.

It may be more difficult if you continue to live together as you may find it difficult to fulfill the 'not perceived as a couple' criterion.
You shouldn't feel obliged to disclose your sexuality but it's possible that it will sway a work coach (they're all different and don't always follow the rule book exactly - hence the need for mandatory reconsiderations reconsideration appeals).

I did tell the man I spoke to today and explained that this is the main reason we feel we can live amicably until the children are older and finances change.
He was lovely but said a specialist team overlook all claims where people claim to be cohabiting and some people will get no investigation, some a phone call and some a compliance officer to check arrangements etc.
This is fine but as I said other UC workers have told me I can’t apply as we are still married; others have said I can only apply as a joint claim which then means no entitlement as he earns too much so it all seems very confusing.
In order for us for live together fairly though this does need to happen until I can increase my salary otherwise he is paying my share of things

I'm still married to my ExH, I can't afford to get divorced (there's several assets that we can't decide about). His name is also still on the tenancy for my house as I failed credit checks for it alone.

Never been an issue for UC.

But does he still live with you?

@WorriedWilma123

But does he still live with you?

@WorriedWilma123 Technically yes, even though I wasn't here as he was violent.

I’m sorry to hear that.
I think the thing that makes it harder is that this split happened last summer but I had no idea I may be entitled to anything so only did the claim when he started saying how unfair it all is financially.
The issue is that if we live like this for another few years I can see why it would look a little odd but because of the circumstances we’ve split it’s not as angry etc as it could have been so for us if it works around the kids and we can leave separate lives like we have been then there’s no rush to live apart at least not until it would be financially doable

This is fine but as I said other UC workers have told me I can’t apply as we are still married; others have said I can only apply as a joint claim which then means no entitlement as he earns too much so it all seems very confusing.

These are incorrect.
Your work coach is correct (yay you have one who knows the rules at least in this area) - your claim will be looked at and decided on according to the ADM above (which may be supplemented by additional guidance - deposited papers etc).
If I were you I would go through that ADM and work out how to evidence all the parts of it. You don't have to be on the 'right side' of the argument for all points but the balance of probability has to point towards your not living together as a married couple.

Thanks for the helpful link.
Not much of it is relevant when someone has gone from a married couple to separating but cohabiting.
I’m not really sure how to evidence it unless they come and see the arrangement for themselves!
We shop separately though which can all be shown on bank statements etc and as I said our finances have never been linked.
He pays the rent and then puts a certain amount into my account to top up for the bills and childcare as my wage is low however this hopefully won’t be needed once UC kicks in as then he won’t have to pay for anything of mine at all which is the whole point of this.
Would they speak to the children does anyone know?
My daughter is very matter of fact about the split and would happily tell anyone who asked but my son still gets upset about it all at times so questioning him might lead to quite a bit of upset for him

So who will pay for the kids?

He would have to pay maintenance when you move out

Who nuts food for the kids now?

He pays for the food for him and the kids as earns double what I do.
He pays the school meals for both of them and their pocket money.
Maintenance worked out at about £450 a month when we checked so this seemed the best way to balance it out so that he’s not paying anything for ME but is providing for the children; just as I do but I only have half the income and even with UC I will still be about £500 lower than him per month looking at the calculator so this seems fair for this to continue for the time being.
He has no plans to move out and feasibly I can’t move out on this low income so it may be like this for a few years yet

Surely If he is transferring you money regularly it won't look like you are separated!

He won’t be transferring a penny once the UC starts - that’s the whole point!
He rightly doesn’t want to pay for my share of anything at all