Deliberate unemployment and access to benefits

[FleshLiabilities]

Hello, I'm separating from my partner and buying her out of her equity in our jointly-owned property. If my ex-partner moves back to Scotland to the area she's originally from (where she'll have support from family and friends) and buys a house outright with her share of the equity, would she be entitled to benefits (JSA, universal credit etc) if she can't find work immediately? She works 21 hours a week down here, but there's no guarantee that her company will find her a job to transfer to up in Scotland, so the crux of the issue is, would she be judged to have made herself "deliberately unemployed" by moving away?

She would find it impossible to work the required 30 hours a week (if such hours were available from her existing employer or any other employer due to health issues with anxiety and depression), so she won't be able to get working tax credits

Sorry, second paragraph should read as below:-

She would find it impossible to work the required 30 hours a week (if such hours were available from her existing employer or any other employer) due to health issues with anxiety and depression, so she won't be able to get working tax credits

From what I have read moving due to divorce isn't making yourself intentionally unemployed but they will question why she can't work the same number of hours as she does here as a minimum. Assuming it's UC she won't get anything for the housing element

Thanks for replying.

She will be able to work the same number of hours as she did down here, provided they're available, it's just that she wouldn't be able to work the 30 hours necessary to get working tax credit. She knows she won't get anything for housing. She may get council tax benefit though.

I’m assuming you have a joint tax credits claim, with the divorce she would have to move onto universal credits as would be a new single claim. Go onto one of the benefits calculators to see what she would be entitled to and whether the hours would change due to being single. You don’t say if you have children so that may be a factor. As another poster said if you own your home you can’t get help with housing costs and also if you have a certain amount of savings you can’t claim UC. Hope this helps

Just realised she would be moving to Scotland not sure if the benefits system is the same

She's looking to buy a house outright? Definitely not entitled to housing costs; why would you think that? She will be mortgage/rent free, can she genuinely not work an extra 9 hrs?

@bookworm4

Nowhere have I mentioned her being entitled to housing costs, so don't know where you got that from. Of course she won't get housing benefit. And yes, she genuinely can't work the extra 9 hours, I wouldn't have said it otherwise.

We have no children. I work full time. We have no existing tax credit claims, joint or single.

Maybe I should have been clearer. The main question is, will she be judged to have made herself intentionally unemployed by moving to a new area and leaving her old job, (if neither her current employer nor any other employer will offer her suitable hours). So she may not be working straight away, but will she be entitled to unemployment benefit, for want of a better term.

I’m not sure about Jsa I do think there may be a delay on that if she has given up her job, but UC if that’s what is in Scotland would be able to be claimed straight away I think. CAB or job centre would be best for the answer I think

Maybe you can pay her spousal maintenance until she is well again? Has the settlement been finalised? I think the main aim of the courts is to make sure people do not fall back on the state unless unavoidable.

Sorry. Again, I should have been clearer. We are not married so have just agreed that my partner gets half the equity in the house. I've had to remortgage in order to pay for this.

She needs to secure work as well as a home if she has been paying tax she will get three months jsa contribution based then she is on her own they will expect her to release equity from the house

Are you asking out of concern for your partners mental well being or from a financial perspective in that you may have to pay more if she is unable to get a job/benefits

@slipperywhensparticus - “they will expect her to release equity from the house” - are you saying this out of knowledge/ experience - if so I would be interested in how this can be arranged