Adult dependent children - single mother - custodial sentence

[TheOrigRights]

What happens to the young adult children (living at home) when a lone mother gets given a custodial sentence?

How old are the children? Is it a rented or owned property? How long is the sentence

nothing, why would it? as long as the rent is paid

By “adult dependent” what do you mean?

if they are over 18 and adults, they aren’t “dependent” unless they have SEN which means they can’t live independently.

but NT adult children living at home are not dependent, so nothing would happen. They can claim benefits etc as any other adult would, if they aren’t working and financially independent.

if sen or otherwise then social services would step in to arrange care at the appropriate level.

Do they have SEN or are they vulnerable? If so, contact social services about supported living.

If not, are they working? What is the position regarding the family home? Is it rented or is there a mortgage? Does their parent have savings to cover the rent/mortgage, and do they expect to have a job when coming out of prison? If not, can the adult children afford to cover the mortgage or pay the rent? They need to look into any benefits they might be entitled to, but it's probably not a lot as young, working-age adults. Realistically, the children may need to leave the family home and support themselves in shared accommodation, unless there is any other family (grandparents, aunts etc) who can take them in or at least help out?

Kids take over paying the bills, and hope either the landlord doesn't find out or is understanding.

If above fails they fend for themselves as young adults.

Thank you. I will be back later to answer as many questions as I can.

18 & 19.
Rented. Housing benefit.

By “adult dependent” what do you mean?

I mean, young adult living at home and studying.
The parent claims UC and the children are still fall under this:

"Universal Credit will include this additional amount for your children until: the end of August after their 19th birthday for each child still living at home and taking a non-advanced course at school or college, or taking part in approved training"

nb I just looked this up. I'm on a steep learning curve myself, hence was not in my OP.

There are no SEN.
The parent doesn't work or have any savings.

You need to look at what benefits they are entitled to- if they are at college there should be some kind of student welfare office you can approach for advice and support.
You could approach the benefits office and ask about your housing benefit.
Is the custodial sentence definite?

Thank you.
Maybe she already has this information, it's hard to talk about.
She does have a good solicitor.
A custodial sentence is not definite, she will find out next week. I understand she will be granted some time to make arrangements for the children (the ones under 18 I presume) but as I'm sure is the case for many 18 year olds, to suddenly find yourself w/o a parent when you have not yet left home is rather daunting, and in these circumstances quite overwhelming.

Yes poor kids - very overwhelming and scary times for them

Oh wow how difficult.
I’m supposing the adult children will have to take over the tenancy if she get a long custodial sentence. If it is short I suppose so long as the rent is paid the landlord wouldn’t notice. It is a very good idea to be preparing just in case she does go in to custody. I assume they’ll need indepedent benefit claims too.

Maybe you could call Shelter to ask them for some expert advice around this situation.

If it's social housing, you can still recieve housing benefit or similar (if on UC) for min 6 weeks and in some cases up to 6months and they'll 'safeguard' your tenancy. Private rental might be different regards tenancy
I'm pretty sure the 19 won't be entitled to much if anything, and will be assessed just the same as any other adult that's not working...so find a job, or look for one and claim unemployment benefits. The 18 year old should be funded/supported until she's left college. If either go to uni they'll be expected to apply for loans like every other student.
The tenancy is the tricky bit. At one time Council tenancies could be passed on or shared eg one of daughter's could be added to tenancy (only one), however, if they're classed as adults they may need to leave.
I knew a young girl (19) who lived with her nan in a council house. Her nan died unexpectedly and she had 1 month to empty and vacate (and sort funeral etc). She was eventually offered a small HA flat. She wasn't allowed to stay in the family home.
Be very guarded about what you say about the 19 year old. I feel the 18 year old will have more 'rights' to funding, but still be considered old enough to have a tenancy. The 19 year old will be expected to contribute to rent and bills and 18 year old help will reduce accordingly whether she's actually contributing or not. The 18 year old will be entitled to a SW....for a bit...and this gives her some protection. If there's younger children I'll assume they'll be in temporary care.
Whatever your relationship help as much as you can. If your friend/sister/you do go to jail...ensure its the last time. Get educated/trained n start afresh

Both young adults will be allowed to claim UC in their own right, there are special rules for young people still at school.

Is the tenancy private or council/ ha?

Thank you again. Lots to think about.

Your friend may find that she can keep her tenancy. My neighbour went to prison and no one lived in her flat but as long as the rent was paid it was kept for her. No one lived there and her mum paid the rent. The council put up grills on the doors and windows.

I am not sure if someone can inherit a tenancy without the original tenant dying.

Most Council tenancy’s have a clause where if the lease holder has to be away for 6 months or so then someone can live in the property to look after it as long as it is agreed by the council.

I personally wouldn’t try and keep it a secret but that’s because my housing officer was helpful to my neighbour. If only they’d been more helpful before the incident that landed her in prison, but that’s another thread. The housing officer seems used to it.

I personally wouldn’t try and keep it a secret

I will absolutely NOT be advising her to keep anything a secret.