Universal credit confusion

[Inneedofadvice02]

BU as posting here for traffic.

If you are leaving somebody and will be entitled to UC when you are gone (according to online benefit calculators) how do you go about claiming?

On the form you can put that you’re renting off a private landlord. So do you have to set yourself up somewhere and then make the UC claim and you would be awarded it? I’m not sure how else I’d end up in private rent and be able to make a claim. I live in the marital home at the moment but I’m not on the mortgage and I don’t want to stake a claim to anything to do with my husband I just want to be away from him.

I don’t want to be in a refuge with my little one and I have family who could lend me the deposit and initial rent for a place on the understanding I’d pay it back once I could. I do work so could muddle through for a period but would need the UC money for a while until circumstances are different, not planning on staying on it indefinitely so please don’t judge.

Thank you.

It’s complicated but you can’t really just walk away from the house with nothing and then claim UC as it’s intentionally depriving yourself of assets (money).

I'm not an expert, but I'd imagine that you would claim but declare your housing costs as £0 for now? And then update your claim with a tenancy agreement once you have one.

For all the ridiculous rules and hoops UC make you jump through to claim, I've actually found that staff in the jobcentres are really kind and helpful. So if you're unsure it might be worth popping in and speaking to someone?

That certainly wasn't the advice I was given when leaving an abusive relationship.

@Inneedofadvice02 speak to Women's Aid or the Jobcentre.

You can claim if you still live together as long as you are separated, so as pp said make the claim, then adjust it when you move out. Women's Aid should be able to help you if you are vulnerable because of or within your relationship.

Any share of a property you do not live in is classed as capital, as married & separating the starting point is that OP is entitled to 50% of that house. You cannot give away half an asset without it being classed as deprivation.

Definitely worth reaching out to Women’s Aid & Jobcentre though, Citizens Advice can also be really good in these situations.

OP - if you are married, the family home is a marital property, so you own 50% of it. You don’t need to be on the mortgage - it is automatic. You cant claim housing on UC if you own a property.
In addition - if half of all assets come to above £16,000 - you wont be able to claim either.

So - don't be silly and give up on what you are legally owned in a divorce. You need to go through the official process anyway and a judge would beed to sign off on the financial agreement. And they wont sign on something that is considered unfair - especially as you have a child. Half of all family assets are rightfully yours.
Also - Don’t let your emotions drive a decision that shortchanges your child.

So - try to sort out your divorce and split the finances. Then you can decide what you can do re UC.

But how am I supposed to afford to live in the time the divorce takes? I feel really deflated now, I really don’t want to have 50% of anything I just want a fresh start.

Thank you everybody for the advice so far, I really appreciate it.

Unfortunately if you need to claim UC there isn’t a way you can walk away with £0 as you’re seen as choosing to walk away with nothing and therefore aren’t eligible for UC as you’ve chosen to have £0.

As this poster says, a judge wouldn’t sign off for you to walk away with £0 as it’s unfair and it is the judge who ultimately has the power to approve or change any agreement you make with regards to finances.

With respect - its not about what you want, but rather what you can afford and what the laws are. Most people cant afford to move out until after finances are settled.
I lived with my exH for 1.5 years while we
were going through divorce. And so do many people.
If there is physical abuse and you have no money - your only option is family or refuge.

As to ‘not wanting anything from him’ - its not a choice. Half of it is legally yours - and you are not being fair to your child, because it’s theirs as well. You putting yourself into additional hardship over your personal issues with the child’s father is unfair.

So -there is no other way but to first sort out financials of the divorce, and then figure out what you can do.

Everyone is being very harsh.

You'd only get in trouble with UC for not following up on your claim to the house if they felt you'd failed to follow up in order to maximise your benefit entitlement

You can make a claim now as a single person provided you and your stbxh aren't living together as a couple (if he's still in the property, separate bedrooms, doing food shopping separately, as little financial connection to each other as possible, think like flatmates).

Once you've moved out, you can then add on the private rental details.

Check the lha for your area so you know what you can afford.

Personally, I'd try to get some of the value of the house. UC is far too low to live on and you're condemning yourself and your child to poverty, but I don't know your full situation

I was told by both the Jobcentre and Women's Aid that the houses my ex husband owns don't count as far as my Universal Credit claim is concerned because I'm not on the mortgage and not living in them or receiving any income from them.

I also asked the Jobcentre about what would happen to my claim if the properties were sold and I received a share of the profit. I was advised that if the funds went directly into a new property for me to live in, then it wouldn't class as deprivation of capital, because the money would never be 'available' for me to live on.

OP you need to ignore posters on here and get some proper advice.

Agree you need proper advice, but the length of the marriage has some bearing on it. Eg if you were married 18 m you are entitled to less than 20 years. Although a child evens things up again. It's not straightforward, see a solicitor.

If it was properties by exH - of course it doesn't have anything to do with UC claim.

BUT - family home is MARITAL ASSET.
So OP can’t claim not to own property on her UC claim, until she goes through proper process of financial settlement..
She can of course claim basic rate of UC credit - without housing benefit.

Once the house is sold - if OP puts money into housing deposit - again she wont be able to claim housing benefit.

IF she declines to take her share of proceeds - THAT will be considered deprivation of capital.

OP really needs a professional to explain her situation and her choices. It is not about being harsh - it is about understanding the reality of situation

If you are in an abusive relationship and have a small child then please seek help from the police. They can and will be crash hit on coercive control and general abuse.

Im sorry if this isn’t your situation but as someone who’s been there the way you write is making my spidey sensors stand on end

She can of course claim basic rate of UC credit - without housing benefit.

Once the house is sold - if OP puts money into housing deposit - again she wont be able to claim housing benefit.

I think we are saying the same thing.

But some posters appear to be telling her she isn't entitled to claim at all until her divorce is finalised - which could take ages. And given she mentions a refuge, this is probably a situation she needs to get out of sooner rather than later.

You can actually claim while living there if you are seperated / seperate finances, make sure to buy your and dc stuff only and keep receipts. Then you would claim for housing when obtained.

You can claim while still in the property. The value of former home on a split is disregarded for 6 months and can be longer depending on the circumstances Shelter

Citizens Advice has information on Claiming

This isn't always true tbh. 50% is merely the starting point. The court will look to individual circumstances and award the assets accordingly.

Yes of course.
Bur the point is that she does own a property. And cant count on housing benefit as a given.

If there is abuse, etc - its a different story. But all of that needs to be proven - and it cant just be taken on a word.
In her OP - she does not mention it being unsafe in the home. Of it were - any mother would just run and save herself and a child at a refuge.
It sounds more like she does not want to live with her H - and wants a nee start.

That alone is not enough of a basis for housing benefit - and it should not be.

She can claim about £500-600 in basic benefits for 1 adult and 1 child.

Op there's some extremely poor advice on this thread. You can claim uc for yourself and your children as soon as you're separated. That includes living in the same house as ex as long as you are living separate lives, so no cooking , cleaning washing ect for him, no shared finances. If there's violence then safest is to leave then claim so he doesn't know about it. You CAN claim help with rent , and you also will need to put in a claim for child maintenance. However you will be expected to take steps to obtain your share of the marital property assets. So that will be divorce proceedings, financial settlement etc. you are entitled to a share of the assets, you can't just walk away from them as uc would class that as intentional deprivation and they would treat you as having that money even though you wouldn't . Whilst those steps are happening uc will 'disregard' your share of the assets. Good luck op and please stay safe.

That is an absolute pile of rubbish. Under benefit regulations op can claim benefits including housing element from the day she moves into a rental property. Uc will disregard the value of the former marital home for a period ( usually six months, as that's how long divorce takes) as long as op takes steps to get her share.

Lol. Can’t you read, or just like to argue…

It very clearly says that OP needs to take reasonable steps to secure her marital assets.

Which means - OP’s stated plan of getting family help with a deposit on a property, then claiming full benefits with housing - while saying I don’t want to claim anything from H - WILL NOT WORK.

Rephrasing it - and repeating what has been said - OP needs to launch divorce process and figure out her financial settlement.

Can she then claim housing benefit - for 6 months - yes, maybe. Will depend on details, of course. If they have liquid assets - savings,
or joint accounts - that money can be accessed immediately.

But lets assume the best case and she gets the benefit for 6 months.

After that time - or after the house sells - if her share of equity is larger than £16,000 then she cant get UC at all.

So - given that we dont know her circumstances - its irresponsible to just encourage the OP to just go and get a private rental without getting proper advice. And possibly staying and living with STBXH.
(assuming no abuse, obviously)

Do you know that housing benefit does not exist anymore (except in extreme cases like living in a homeless hostel)?

You do know that housing element on UC is different and that it and adult and child element are all calculated together?

You do know the value of the family home is disregarded for at least 6 months, and in some circumstances even longer.

OP, your best bet is to find a local housing charity who can give you advice on housing and if there is any help in your area for deposits and the first months rent.

Are you being pedantic? Or just misinformed?

I deal with UC on a monthly basis as i help manage a single mom + 2 kids UC claim.
And of course there is housing part of UC claim. It does exist.
it is part ot total claim but is defined separately. It is based on the area, number of kids, their ages and sexes. For eg, in Central London, with two middle school kids of different sexes it is currently about £2000

And then there ia basic rare for adults, and kids. And deductions of ~50p for each £1 for income over about £400….

But again - its all in details of each case….
OP needs proper advice