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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Claiming benefits and council housing

5 replies

HJ82 · 25/09/2024 18:13

Hoping someone can shed some light. I’m the sole carer of our daughter and receive UC on top of my salary to help with rent.

My ex has our daughter once a week. but sees her every day. He’s suggesting he applies for a council flat and would want to put our daughter on his application. I’m naturally worried that would affect my benefit. I’d still be her sole carer and she’d live with me 95% of the time.

Can he even go on the register if he only has her one / 2 nights a week? Obviously I’d ask the council if a human there was contactable. Just wondering if anyone has had any similar experience and how it worked out.

thanks so much!!

OP posts:
LadyLapsang · 26/09/2024 00:09

I haven’t had a similar experience, but this sounds like it would be a misrepresentation of his situation / potential fraud. Your DD lives with you the vast majority of the time. Do you claim Child Benefit for your DD at your home address? Is your address used on her GP registration? If he tells the LA the truth about when she stays that would be fine, but him asking you about putting her details on the form makes me think this will not be the case.

supercatlady · 26/09/2024 05:07

Having a child stay regularly doesn’t entitle you to an extra room in housing benefit terms, so I’d imagine it would be the same for council housing, though it may depend on the council.
Are you worried he will apply for 50/50?

HJ82 · 26/09/2024 06:20

Just curious what the process is. What he’s entitled to regarding housing. He can’t have her 50/50 he works nights. Max 2 nights a week. Obvs I’m a bit nervous. I don’t want to risk losing my benefit as it goes to her and enables us to live in a nice home in a lovely area. If he claims housing. Unlikely he would get it if she wasn’t in his full time care, I suspect. I could try citizens advice perhaps too. 🙏

OP posts:
NamasteTheHellAway · 26/09/2024 06:29

If he doesn't claim the Child Benefit for her, then she won't be taken into account in any other benefit claims he tries to make. Just make sure the Child Benefit stays in your name - easy enough because he cant legitimately claim it, because she doesn't live with him.

He can tell the housing team that he sees his DD most days and has one overnight a week, but it won't count for anything unless she is actually resident with him, which she isn't.

GuestFeatu · 26/09/2024 06:38

No he can't do this because she doesn't live with him, so it would be fraud. It wouldn't affect your benefits unless he then added her to his benefits claim which if he did would cause a nightmare to sort out, especially if he had a property given to him for her to live in. Realistically though he's unlikely to get housed by the council unless he presented as homeless (with your DD in tow) and was given emergency accommodation but the first question they would ask is can she go and live with her mum (who she already lives with!)

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